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Republic Vs Marcos
Republic Vs Marcos
FERNANDO, J.:
Its historical background was next passed upon: "An earlier act,
enacted as far back as 1903, specifically governs the subject matter
of reservations. As provided therein: "All lands or buildings, or any
interests therein, within the Philippine Islands lying within the
boundaries of the areas now or hereafter set apart and declared to
be military reservations shall be forthwith brought under the
operations of the Land Registration Act, and such of said lands,
buildings, and interests therein as shall not be determined to be
public lands shall become registered land in accordance with the
provisions of said Land Registration Act, under the circumstances
hereinafter stated." The validity of this statute was sustained as
against the allegation that there was a violation of the due process
clause, in a 1910 decision, Jose v. Commander of the Philippine
Squadron." 10Finally, an earlier case of decisive significance was
referred to: "What is even more conclusive as to the absence of any
right on the part of the private respondents to seek a re-opening
under Republic Act No. 931 is our ruling in Government v. Court of
First Instance of Pampanga, a 1926 decision. We there explicitly
held: "The defendant's contention that the respondent court, in a
cadastral case, has jurisdiction to order the registration portions of
a legally established military reservation cannot be sustained. The
establishment of military reservations is governed by Act No. 627 of
the Philippine Commission and Section 1 of that Act provides that
"All lands or buildings, or any interest therein, within the Philippine
Islands lying within the boundaries of the areas now or hereafter set
apart and declared to be military reservations shall be forthwith
brought under the operations of the Land Registration
Act. ... ." ' " 11
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Makasiar and Antonio, JJ., took no part. chanroblesvi rt ualawlib ra rychan roble s virtual law lib rary