Petitioner
Roman Catholic Bishop of Kalibo
Respondent
Municipality of Buruanga
Citation
G.R. No. 149145
Court
Supreme Court
Division
First Division
Ponente
So Ordered. Panganiban, C.J.
Decided
March 31, 2006

Summary

The Roman Catholic Bishop of Kalibo sued the Municipality of Buruanga over ownership of Lot 138, claiming the entire 9,545 square meter lot based on Spanish colonial law. The lot was subdivided into three parts: 138-A (municipal building area), 138-B (church area), and 138-C (public facilities). The Supreme Court affirmed that while the Bishop owns Lot 138-B where the church stands since 1894, Lots 138-A and 138-C constitute the public plaza and are property of public dominion under Civil Code Articles 419 and 420. The Court found the Bishop failed to prove ownership through acts of dominion over the disputed lots, and that continuous public use established these areas as public property not susceptible to private appropriation by either the church or municipality.

Statutes applied

By the Intellegal Editorial Board · March 31, 2006

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