San Carlos Seminary and the Municipality of Cebu

The Seminary of San Carlos represented by its Rector, Fr. Pedro Julia asked for the registration of two pieces of land located in the Municipality of Cebu. This was opposed by the Municipality of Cebu.

Despite the opposition of the Municipality of Cebu the seminary succeeded in the Court of First Instance an order declaring it was the owner of the lands, it was then registered in its name.

The piece of land includes a portion of one of the public squares in the city. The Municipality of Cebu appealed the decision of the Court of First Instance and went to the Supreme Court. The issues raised were the quantity of the land claimed by the seminary, and second its precise location. The Municipality of Cebu was even admitting that the seminary was the owner of the land it did not extend to the portion of the plaza. The municipality asserted that there was, and for many years had been, a well-defined boundary, formerly a wall, latterly an iron fence (called in Spanish as enverjada) separating from the public square the land upon which stands the church belonging to the seminary, and that the lands described in the documents of title presented by the seminary lie between the church and the iron fence, and do not therefore, extend into the plaza.

The land in dispute admittedly situated to the south of the church belonging to the seminary. The church, according to the plans and the evidence, was located upon a plot of ground adjoining the public square on its north side. So that the land in question if it did not extend into the plaza, it necessarily located between it and the church.

The documents presented by the seminary were certified copies of documents bearing date as early as November 12, 1783 and May 4, 1784 issued by the Royal Audencia of Manila.

It was proven in the hearing that Don Juaquin Estevez Monet, Military and Political Governor of Cebu with the assistance of witnesses (Lorenzo Espina and Calixto del Capa) certified that part of the Plaza Urbiztundo included in the construction of a public promenade to be known then as "Dolores" belonged to the Seminary of San Carlos and the Chaplaincy of the Cathedral, through its Rector then, Jose Casarmoan, ceded or gave the land to Leon Esequiel, the Parish Priest, and be held in trust to the municipality. The possession of the city was based on the condition that the promenade or plaza which embellishes the town exists. The document was signed in 1869.

The Supreme Court was convinced that the Municipality of Cebu possessed the land by adverse and under claim of right because its use was with the consent of the seminary.

The Supreme Court on March 13, 1911 decided that the San Carlos Seminary had the legal title to the land in dispute, but that the Municipality of Cebu has the right to the possession, occupation and use of the land as a plaza, to be so occupied and possessed so long as said land is dedicated to the uses and purposes expressed by the document signed then Governor Joaquin Monet.

Today, the plaza still exists maintained beautifully and neatly by the City of Cebu under the leadership of Mayor Michael Lopez Rama, embellished by lights especially during Christmas season (what is lacking however are markers on how the plaza was built and the statue of Hamabar).

The Municipality of Cebu was represented by well known lawyers, Rafael del Pan (who became a lawyer on April 16, 1903, he became the First Criminologist of the Philippines, he codified the penal laws, and became consultant of the government on cases involving disputes on land between the church) and the Cebuano congressman and senator, Celestino Rodriguez (became a lawyer on April 16, 1903, the street formerly named as Waling Waling in Cebu City has been renamed after him, that is the street in front crossing the Vicente Sotto Memorial Medical Center).

The Seminary was represented by Joaquin Hernandez Junquera (who became a lawyer on July 26, 1900), a nephew of Governor Inocencio Junquera, the one who built the Teatro Junquera, now known as Oriente Theater, now owned by the heirs of Don Jose Avila. It was inaugurated on April 19, 1896 however Governor Junquera left Cebu on December 1895.

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