Aguillon v. Director of Lands (Case Digest) G.R. No. L-5448

Aguillon v. Director of Lands
G.R. No. L-5448
December 16, 1910

SEVERO AGUILLON, petitioner-appellee,
vs.
THE DIRECTOR OF LANDS, opponents-appellant.

Facts:
On July 29, 1908, Severo Aguillon presented a petition in the Court of Land Registration for the registration of certain parcels of land. The Attorney General, however, opposed the registration on November 14, 1908, because he believed that some of those lands belonged to the government. During the trial, the Director of Lands alleged that the plans presented by Aguillon were not in conformity with the provisions of sections 4 and 5 of Act No. 1875 of the Philippine Agriculture. The plans in question were prepared and finished on November 10, 1906. On the other hand, Act No. 1875 took effect on July 1, 1908. The petition in the case was presented on July 29, 1908, almost one month after the effectivity of the act.

Issue:
Can Aguillon be made to change his plans to conform to the provisions of Act No. 1875?

Ruling:
Yes. Contrary to the contention of the petitioner-appellee, the Supreme Court ruled that in this case, the law did not have retroactive effect. It is, however, applied to cases which were begun in the Court of Land Registration after its date of effectivity. Moreover, the law was merely procedural, and it is a well-established doctrine that the procedure of the court may be changed at any time and become effective at once so long as it does not affect or change vested rights.

Published by Ping

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