Facts: :
Isabelo Montano presented a petition to the Court of Land Registration for the inscription of a piece of land in the barrio of Libis, municipality of Caloocan, used as a fishery having a superficial area of 10,805 square meters, and bounded as set out in the petition; its value according to the last assessment being $505.05, United States currency. This petition was opposed by the Solicitor-General in behalf of the Director of Lands, and by the entity known asObras Pias de la Sagrada Mitra, the former on the ground that the land in question belonged to the Government of the United States, and the latter, that it was the absolute owner of all the dry land along the eastern boundary of the said fishery. The Court of Land Registration in its decision of December 1, 1906, dismissed the said oppositions without costs and decreed, after a general entry by default, the adjudication and registration of the property described in the petition, in favor of Isabelo Montano y Marcial. From this decision only counsel for the Director of Public Lands appealed to this court. and precisely Isabelo Montano sought title thereon on the strength of 10 years' occupation pursuant to paragraph 6, section 5 of Act 926 of the Philippine Commission
Issue:
Issue:
Whether or not the land in question can be acquired by Montano
Held:
Held:
Accordingly, "government land" and "public domain" are not synonymous items. The first includes not only the second, but also other lands of the Government already reserved or devoted to public use or subject to private right. In other words, the Government owns real estate which is part of the "public lands" and other real estate which is not part thereof. Government property was of two kinds — first, that of public use or service, said to be of public ownership, and second, that of having a private character or use. (Civil Code, arts. 339 and 340.) Lands of the first class, while they retain their public character are inalienable. Those of the second are not. Therefore, there is much real property belonging to the Government which is not affected by statutes for the settlement, prescription or sale of public lands. Examples in point are properties occupied by public buildings or devoted to municipal or other governmental uses.
It is settled that the general legislation of Congress in respect to public lands does not extend to tide lands. It provided that the scrip might be located on the unoccupied and unappropriated public lands. As said inNewhall vs. Sanger(92 U.S. 761, 763.) A marshland which is inundated by the rise of tides belong to the State and is not susceptible to appropriation by occupation, has no application in the present case inasmuch as in said case the land subject matter of the litigation was not yet titled
It is settled that the general legislation of Congress in respect to public lands does not extend to tide lands. It provided that the scrip might be located on the unoccupied and unappropriated public lands. As said inNewhall vs. Sanger(92 U.S. 761, 763.) A marshland which is inundated by the rise of tides belong to the State and is not susceptible to appropriation by occupation, has no application in the present case inasmuch as in said case the land subject matter of the litigation was not yet titled