Republic of the
PhilippinesSUPREME COURTFIRST
DIVISION
THE ROMAN
CATHOLIC
APOSTOLIC CHURCH, ET AL.,
Plaintiffs,
G.
R. No. L-3133
January
2, 1908
-versus-
THE MUNICIPALITIES
OF CUYAPO, ALIAGA, SAN ANTONIO,
SAN ISIDRO,
CABANATUAN,
TALAVERA, AND LUCAB,
PROVINCE OF NUEVA
ECIJA, ET AL.,
Defendants.
chanroblesvirtualawlibrary
D E C I S I
O N
WILLARD, J :
This
is an original action
brought in this Court by virtue of the provisions of Act No. 1376. It
is,
in all respects, similar to the case of the Roman Catholic Apostolic
Church,
et al., vs. The Municipalities of Tarlac and Victoria, in the Province
of Tarlac, et al.
The Complaint was duly
served upon all the defendants, and an Answer was filed on behalf of
Gregorio
Aglipay, and other answers were presented by some of the Municipalities
who were made defendants. After the evidence was taken in the case,
there
was the same agreement made therein between the plaintiffs and the
Attorney-General
in reference to the public squares and streets as was made in the case
above cited, relating to the Municipalities of Tarlac.
In the brief filed
by the plaintiffs, they say that the matter in dispute in the case is
reduced
to the church, convent, and cemetery of Cuyapo, the church and cemetery
of Zaragoza in the municipality of Talavera.
As to the property
in Cuyapo, the Municipality made an answer in which it disclaimed any
interest
whatever in any of the property described in the complaint, stating,
however,
that it was occupying certain apartments in the convent by permission
of
the priest of the Independent Filipino Church, who was in possession of
the whole thereof. The evidence offered at the trial also showed that
the
Municipality made no claim in its own right to any of the property in
question,
but that it was occupying, as stated in its answer, certain parts of
the
convent. The only defendants interested in this property in Cuyapo are,
therefore, the Municipality of Cuyapo and Gregorio Aglipay.
The Municipality of
Aliaga filed an answer relating to the church and cemetery of Zaragoza
in which it disclaimed any interest whatever therein and expressed its
willingness to deliver the property to anyone to whom the court might
direct
its delivery.
As to the cemetery
in the Municipality of Talavera, that Municipality filed an answer
claiming
to be the owner thereof.
It appears that the
only persons, therefore, interested in any of the property now in
controversy
in this case are the three Municipalities of Cuyapo, Talavera, and
Aliaga
and the defendant, Gregorio Aglipay.
The evidence in this
case is similar to the evidence presented in the case referred to
relating
to the Municipalities of the Province of Tarlac, and it shows that the
plaintiff church had been in possession of the property for many years
when it lost its possession about 1902. As to the church property in
Cuyapo,
the evidence shows that it is in the possession of the Independent
Filipino
Church.
These are the same
reasons for entering judgment for the plaintiffs in this case as
appeared
in the case above mentioned.
It is, therefore, by
the Court adjudged and decreed that this action be dismissed, without
costs
as to all the defendants except Gregorio Aglipay, the municipality of
Cuyapo,
and the municipality of Talavera.
It is further adjudged
and decreed that all of the land described in the Complaint, as
amended,
be eliminated therefrom except that relating to the church, convent,
and
cemetery of Cuyapo, the church and cemetery of Zaragoza, barrio of
Aliaga,
and the cemetery of Talavera; and as to the property thus eliminated,
this
Court makes no determination in regard to the rights of the parties to
this action thereto.
It is further adjudged
and decreed that the plaintiff, the Roman Catholic Apostolic Church, is
entitled to the immediate possession of the following-described
property,
situated in the Municipality of Cuyapo, in the Province of Nueva Ecija,
to wit:chanroblesvirtuallawlibrary
The church and the
convent built of strong materials and with corrugated iron roof, known
as the church and convent of Cuyapo.
The cemetery known
as the cemetery of Cuyapo.
In the Municipality
of Aliaga, in the said Province of Nueva Ecija, the following described
property, to wit:chanroblesvirtuallawlibrary
A church building
situated
in the former Municipality of Zaragoza, now a barrio of Aliaga, and
known
as the cemetery of Zaragoza.
A cemetery situated
in the former Municipality of Zaragoza, now a barrio of Aliaga, and
known
as the cemetery of Zaragoza.
And in the Municipality
of Talavera, in said Province of Nueva Ecija, the following-described
property,
to wit:chanroblesvirtuallawlibrary
The cemetery known
as the cemetery of Talavera.
It is further adjudged
and decreed that neither the said Municipality of Cuyapo, nor the said
Municipality of Aliaga, nor the said Municipality of Talavera, nor
Gregorio
Aglipay, Obispo Maximo of the Independent Filipino Church, has
any
right, title, or interest in or to any of the property hereinbefore
described.
It is further adjudged
and decreed that the property hereinbefore mentioned be returned to the
plaintiffs and that the said defendants be ousted from the possession
thereof
and that said possession be awarded to the plaintiffs.
And it is further
adjudged
and decreed that a writ of possession issue out of this Court against
the
defendant Gregorio Aglipay, Obispo Maximo of the Independent
Filipino
Church, in the manner and form prescribed in Act No. 190, for the
recovery
of the church, cemetery, and convent hereinbefore described as situated
in the Municipality of Cuyapo, and against the municipality of Cuyapo
for
the recovery of the possession of the convent in said Municipality,
hereinbefore
described; and against Gregorio Aglipay, Obispo Maximo of the
Independent
Filipino Church, and the municipality of Aliaga for the recovery of the
church and cemetery of Zaragoza; and against Gregorio Aglipay, Obispo
Maximo of the Independent Filipino Church, and the Municipality of
Talavera for the recovery of the cemetery in Talavera. No costs will be
allowed to either party in this Court. So ordered.
Arellano, C.J.,
Torres, Mapa, and Tracey, JJ., concur.
Johnson and Carson, JJ.,
concur in the result.
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