Aguillon vs Director of Lands Case Digest

G.R. No. L-5448 December 16, 1910


Facts: Severo Aguillon, the petitioner, presented a petition in the Court of Land Registration for the registration of certain parcels of land described in the said petition. the Attorney-General, representing the Insular Government, opposed the registration of the parcels of land in question, upon the theory that the said land belonged to the Government. At the time of the trial of the cause the Director of Lands amended his opposition to the registration of the parcels of land in question, alleging that the plans presented by the petitioner had not been prepared in conformity with the provisions of sections 4 and 5 of Act No. 1875 of the Philippine Agriculture. The appellee contends that, inasmuch as his plans had been prepared long before the enactment of the said Act No. 1875, the same was not applicable, for the reason that to make the law applicable to the present case would be giving to said law a retroactive effect, and cites article 3 of the Civil Code


Issue: Whether the Republic Act in question applies to the case of the petitioner?




Held: In our opinion the law does not have a retroactive effect. It only applied to cases which were begun in the Court of Land Registration after its enactment. It is a doctrine well established 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. The judgment of the lower court should be reversed and stand reversed until with the provisions of Act No. 1875, and the case is hereby ordered to be returned to the lower court with direction that the petitioner present his plans in accordance with said Act.


Aguillon vs Director of Lands Digest