ISABELO MONTANO Y MARCIAL v. THE INSULAR GOVERNMENT, ET AL; G.R. No. 3714. January 26, 1909.

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TRACEY, J

FACTS:

Isabelo Montano presented a petition to the Court of Land Registration for the inscription of a piece of land used as a fishery. The Solicitor-General
opposed on the ground that the land in question belonged to the Government of the United States, and the latter, that it was the absolute owner of all
the dry land along the eastern boundary of the said fishery.

ISSUE: What is the difference between public land and government lands

RULING:

Under the decisions of the Supreme Court of the United States the phrase "public lands" is held to be equivalent to "public domain," and does not by
any means include all lands of Government ownership, but only so much of said lands as are thrown open to. private appropriation and settlement by
homestead and other like general laws. Accordingly, "government land" and "public land" are not synonymous terms; the first includes-not only the
second, but also other lands of the Government already reserved or devoted to public use or subject to private right. In other words, the Government
owns real estate which is part of the "public lands" and other real estate which is not a part thereof.