Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-45126 April 19, 1939
THE DIRECTOR OF LANDS, applicant-appellee,
vs.
ALBINO PANUNCIO, claimant-appellant.
Mariano Ycasiano for appellant.
Office of the Solicitor-General Hidalgo for appellee.
AVANCEŅA, C. J.:
In this cadastral case, after the decision was rendered declaring the land in question land, Albino Panuncio, alleging that the whole land belongs to him, asked on March 5, 1931 that he be permitted to file an answer. The court granted the motion and set a day for the hearing thereof and the presentation of evidence in its support. But on the day thus set, and withstanding due notice to Albino Panuncio, he failed to appear and the court dismissed his answer. Thereafter Albino Panuncio filed other petitions for the revision of the decree, for a new trial of the case, and for the taking of depositions of his witnesses, but said petitions were denied.
Finally, Albino filed the petition for the reopening of the case under Act No. 4043, which petition was likewise denied by the court in its order of January 10, 1936, from which order the appeal before us was taken.
Act No. 4043 provides that all persons claiming titles to parcels of land that have been the object of cadastral proceedings, who at the time of the survey were in actual possession of the same, but for some justifiable reason had been unable to file their claim in the proper court during the time limit established by law, in case such parcels of land, on account of their failure to file such claim, have been declared land of the public domain, may ask for a reopening of the proceedings.
It is evident that, under the facts of this case, Act No. 4043 is not applicable to the appellant because he has had an opportunity to file, as in fact he did file, his answer, and to present his evidence. The position of the appellant in this case is simply that of a claimant who was negligent in protecting his rights.
The appealed resolution is affirmed, with the costs to the appellant. So ordered.
Villa-Real, Imperial, Diaz, Laurel, Concepcion, and Moran, JJ., concur
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