MAPA VS INSULAR

FACTS:
Petitioner Cirilo Mapa sought to have registered a tract of land of about 16 hectares
situated in Mandurriao Iloilo.
Judgment was rendered in favor of the petitioner and the Government has appealed.
A motion for a new trial was made and denied in the court but no exception was
taken to the order denying it. The decision was based upon Act 926 section 54
paragraph 6.
All persons who by themselves, or their predecessors in interest have been in the
OPEN, CONTINUOS EXCLUSIVE, AND NOTORIOUS possession and occupation of
agricultural public lands as defined by the Congress of July 1st, 1902, under a bona
fide claim of ownership except as against the Govt, for a period of 10 yrs next
preceding the taking effect of this act, except when prevented by war or force
majeure.
The Attorney-General himself in his brief in this case says
The most arid mountain and the poorest soil are susceptible of cultivation by the
hand of man
The land in question in this case, which is used as a fishery, could be filled up,and
any kind of crops raised thereon. Mineral and timber lands are excluded. This land is
in its nature agricultural.

RESPONDENTS ARGUMENT:
The claim of the Attorney General seems to be that no lands can be called
agricultural lands unless they are such by their nature.

ISSUE:
Whether the land in controversy is agricultural land within the definition of the
Congress?

HELD:

The court held that there is to be found in the act of congress a definition of the
phrase agricultural public lands and after a careful consideration of the question.
The court is satisfied that the only definition which exists in said act is the definition
of the court below. SEC 13 says that the government shall make rules and
regulations for the lease, sale or other disposition of the public lands other than
timber or mineral lands. IN OTHER WORDS, that the phrase AGRICULTURAL
LAND as used in Act 926 means those public lands acquired from Spain which are
not timber or mineral lands.