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(with considerable areas) inside the Baguio Townsite Reservation.
Alternatively, they allege that in case the lots are not registerable under
Act No. 496, then section 48 (b) and (c) of the Public Land Law should be
applied because they and their predecessors have been in possession of
the lots for more than thirty years.
The Director of Lands opposed the applications. He filed motions to
dismiss on the grounds of lack of jurisdiction, prescription and res
judicata. He relied on the decision in the first registration case, a
proceeding in rem, which barred all subsequent registrations of the
Baguio Townsite lots. He contended that the disposition of said lots should
be made by the Director of Lands under Chapter 11 of the Public Land
Law regarding Townsite Reservations. (See Cojuangco vs. Marcos, 82
SCRA 156).
The trial judge admits that section 48 cannot be invoked by the applicants
because it applies only to disposable agricultural lands situated outside
the reservation. He concedes that lands within the Baguio Townsite
Reservation may not be acquired by long possession for over thirty years
subsequent to Case No. 211 (p. 195, Rollo).
But he refused to dismiss the application[s] because in his opinion "there
is a necessity [for] the presentation of satisfactory evidence in a regular
hearing as to the presence or absence of complete service of notice" so
that the court can determine whether the applications are barred by res
judicata. He relies on the isolated case of Zarate vs. Director of Lands, 58
Phil. 156.
The Solicitor General assailed by certiorari that order denying the motions
to dismiss.
Sections 3 and 4 of Act No. 627, the law governing military reservations,
contemplate notification to two classes of persons, namely, (1) those who
are living upon or in visible possession of any part of the military
reservation and (2) persons who are not living upon or in visible
possession but are absentees.
A distinction is made between these two classes of persons as to the
manner in which service of the notice shall be made. Service is complete
as to absentees when publication of the notice in the newspaper is
completed and duly fixed upon the four corners of the premises. The sixmonth period commences to run from that time.
On the other hand, as to those who are living upon or in visible
possession of the lands, service is not complete, and the six-month period
does not begin to run until the notice is served upon them personally.
Their rights relative to the period within which they must respond are
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