GR L-37312 (1975)

Marcos Comilang v. CA, Abdon Delenela, Guillermo Perez, Dominga Comilang, and Esteban
Comilang

Facts:
- 1908- Nicholas Comilang staked a mining claim known as “Bua Fraction Mineral Claim”
over a parcel of land in Tuding, Benguey, Mountain Province of 76809 square meters.
He abandoned the mining claim and stopped his exploration but continued to live in a
house which he built on that land with his wife, brothers and sisters.
- 1918- Macario Comilang also settled on a portion of land for residential and agricultural
purposes. After his death, his daughter Fabiana Comilang Perez continued living in the
house built by her father.
- One of the houses was acquired by Abdon Delenela and started residing with the
Comilang heirs.
- Surface rights over the area became the subject of litigation in the Court of First Instance
of Baguio City instituted by the heirs of Comilang against Marcos Comilang who claimed
to have bought the rights and interest of NIcholas Comilang in the old mining claim.
(Case no. 250)
- 1952- court dismissed both claims of ownership of the heirs and Marcos and declared
the area public land, but soon recognized that Marcos Comilang has possession of 1 ½
hectares, declared in his name for taxation purposes. This decision was affirmed by the
CA (GR11157-R, 1955)
- Marcos declared under Tax Declaration no. 4771 that the 1 ½ hectares of land was
levied upon and sold at public auction by the sheriff of Mountain province to satisfy a
judgement for a sum of money obtained by Jose Coloma and Eugenia Rumbaoa against
Marcos Comilang in Civil Case no. 1433. The judgement creditors purchasers and a
certificate of sale was executed.
- Meanwhile, an application for lode patent coveting the Bua fraction mineral claim was
filed with the Bureau of Mines.Delenela and his co-heirs filed their opposition to the
application and instituted an action for determination of their rights of co-ownership. (Civil
Case no. 735) The court awarded ½ of the undivided share in the mineral claim in favor
of Marcos Comilang, and ½ to Delenela and no-heirs.
- 1958- Delenela and Perez, with Marcos knowing, bought from the Coloma spouses their
rights, title, interest, and claim of the 1 ½ hectares of land.
- Feb 1959- Director of Mines recommended the issuance of a lode patent over the Bua
Mineral claim in favor of Marcos, Delenela and other claimants
- Aug 1959- Delenela and Perez issued a writ of possession in favor directing the sheriff of
Mountain Province to evict Marcos Comilang and his wife from the 1 ½ land sold in the
execution sale.

- 3 cases were brought on appeal to this court:

 - Appeal of Maxima Nieto de Comilang, wife of Marcos Comilang directing the
sheriff to place Perez and Delenela in possession of 1 ½ hectares of land sold in
sheriff’s execution sale.
- Appeal of Marcos Comilang from the Order in Civil case no. 1440, denying the
petition of Marcos to annul the order of Civil case no. 1433, directing the sheriff to
place Delenela and Perez in possession of 1 ½ hectares of land
- Case at bar
Issue:
- W/N the sale on the execution of residential land containing an area of 1 ½ hectares to
the Coloma Spouses which was bought by Delenela and Perez, with the conformity of
Marcos, included mineral claim under it.

HELD:

- It does not include mineral claim on two grounds:

- Certificate of sale of execution expressly included a residential land alone and
not mineral claim known as Bua Mineral Claim.
- There is no express or implied taking away of said mineral rights or claim by
virtue of execution, nor was there an act of Marcos consenting to the redemption
by Delenela and Perez of the ownership of the mineral claim.
- Provisions of the Mining Law expressly declare that the ownership of land for other
purposes does not include minerals and mineral rights in agricultural land patents.
- This was rendered in a decision in the Civil Case no. 848 on December 15, 1968 in the
court of first instance of Baguio City and Benguet . This court cited provisions of the old
mining law (Act no. 624 of the Phil Commission) and the Original Certificate of title no.
P-404 stating that the locator is the owner not only of the minerals but also the mineral
rights. Moreover, the defendants failed to file their claim with the Director of Mines with
the Mining Recorder of Baguio which barred them by reason of ​res judicata.- conclusivity
between parties and successors, rule 39, sec. 49(b) and © of the Rules of the Court.
(GR L-24757)
- The Court of First Instance also had no power or authority to adjudicate the rights of
ownership of parties over the ground surface to the extent of 1 ½ hectares of the Bua
fraction Lode Mineral Claim.

Ruling:
The petitioner still has a legal claim over the mineral claim and shall be excluded from the 1 ½
hectares of ground surface which belongs exclusively to Delenela and Perez. The Supreme
Court affirmed the CA decision.