Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-11326 October 20, 1917
SIMON CASTRO, plaintiff-appellee,
vs.
TOMAS REYES and THE MUNICIPALITY OF CAMILING, defendants-appellants.
Provincial Fiscal Rosauro for appellants.
Booram and Mahoney for appellee.
CARSON, J.:
The evidence of record appears to sustain the findings of fact by the trial judge, and upon these findings we are of the opinion that, with the modification hereafter indicated, the judgment entered by him should be affirmed. The various contentions of the appellants are sufficiently and satisfactorily disposed of in the opinion filed in the court below, except in so far as the judgment directs the defendant municipality to restore possession of the fishery in dispute in these proceedings.
It is admitted that the fishery is located within the territorial jurisdiction of the municipality of San Clemente, created and established since the institution of these proceedings, and it would seem, therefore, that the defendant municipality of Camiling, within whose boundaries it was located prior to the establishment of the municipality of San Clemente should be presumed to have lost both the power and the intention to assert any claim to exercise control over the fishery, such rights as it may have had in that regard having passed by operation of law to the new municipality of San Clemente. It would seem, nevertheless, that the relief prayed for, so far as the right thereto is sustained by the evidence of record and recognized by the findings and conclusions of the trial court, will be adequately secured by the affirmance of the judgment, after striking out therefrom so much thereof as provides for the restoration of possession by the defendant municipality, and for the payment of P50 a year by way of indemnity by the municipality of Camiling from the date of the creation and organization of the municipality of San Clemente until possession is restored, leaving in full force and affect the judgment for possession against the defendant Tomas Reyes, who is in actual possession and control of the fishery, and also the provision for the indemnification by the municipality of Camiling, down to that date. 1awphil.net
We conclude that the judgment entered in the court below should be modified by striking out therefrom so much thereof as provides for the restoration of the fisheries in question by the defendant municipality of Camiling and so much thereof as provides for the payment of an annual indemnification of P50 to be paid by that municipality from and after the date of the organization of the municipality of San Clemente as disclosed by the official records, and that thus modified the judgment should be affirmed, with the costs of this instance against the defendant municipality. So ordered.
Arellano, C. J., Johnson, Araullo, Street, and Malcolm, JJ., concur.
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