Oh Cho vs Director of Lands G.R. No. 48321, August 31, 14! Oh Cho vs Director of Lands G.R. No. 48321, August 31, 14! "AC#$% Oh Cho, a Chinese citi&en, 'urchased fro( the Lagda(eos a 'arce) of )and in #a*a+as, #a*a+as, hich the* o'en)*, continuous)* and adverse)* 'ossessed 'ossessed since 188-. On anuar* 1/, 14-, Oh Cho a'')ied a'')ie d for registration of this )and. #he $o)icitor Genera) o''osed on the ground that Oh Cho )ac0ed tit)e to said )and and a)so +ecause he as an a)ien. $$s% hether or not Oh Cho had tit)e hether or not Oh Cho is entit)ed to a decree of registration
5LD% Oh Cho fai)ed to sho that he has tit)e to the )ot, hich (a* +e con6r(ed under the Land Registration Act. A)) )ands that ere not ac7uired fro( the Govern(ent, either +* 'urchase or +* grant, +e)ong to the 'u+)ic do(ain. do(ai n. An ece'tion to the ru)e ou)d +e an* )and that shou)d have +een in the 'ossession of an occu'ant and of his 'redecessors in interest since ti(e i((e(oria), for such 'ossession ou)d 9ustif* the 'resu('tion that the )and had never +een 'art of the 'u+)ic do(ain or that it had +een a 'rivate 'ro'ert* even +efore the $'anish con7uest. #he a'')icant does not co(e under the ece'tion, for the the ear)iest 'ossession of the )ot +* his 6rst 'redecessor in interest +egan in 188-. nder the :u+)ic Land Act, Oh Cho is not entit)ed to a decree of registration of the )ot, +ecause he is an a)ien dis7ua)i6ed fro( ac7uiring )ands of the 'u+)ic do(ain. Oh Cho;s 'redecessors in interest ou)d have +een entit)ed toa decree of registration had the* a'')ied for the sa(e. #he a'')ication for the registration of the )and as a condition 'recedent, ' recedent, hich as not co(')ied ith +* the Lag(eos. 5ence, the (ost the* had as (ere 'ossessor* right, not tit)e. #his 'ossessor* right as hat as transferred to Oh Cho, +ut since the )atter is an a)ien, the 'ossessor* right cou)d never ri'en to onershi' +* 'rescri'tion. As an a)ien, Oh Cho is dis7ua)i6ed fro( ac7uiring a c7uiring tit)e over 'u+)ic )and +* 'rescri'tion.
Land #it)es And Deeds Case Digest% Director Of Lands <. AC =18!> G.R. No. /3--2 Dece(+er 2, 18!
"AC#$%
Ac(e :)*ood ?
'ossession of the n6e)s over the )anddates +ac0 +efore the :hi)i''ines as discovered +* @age))an )and sought to +e registered is a 'rivate )and 'ursuant to RA 38/2 granting a+so)ute onershi' to (e(+ers of the nonBChristian #ri+es on )and occu'ied +* the( or their ancestra) )ands, hether ith the a)iena+)e or dis'osa+)e 'u+)ic )and or ithin the 'u+)ic do(ain Ac(e :)*ood ?
donated 'art of the )and as the tonsite of @aconacon sa+e)a
AC ar(ed C"% in favor of
$$$% 1. N the )and is a)read* a 'rivate )and B E$ 2. N the constitutiona) 'rohi+ition against their ac7uisition +* 'rivate cor'orations or associations a'')iesB NO 5LD% AC ar(ed Ac(e :)*ood ?
a)read* ac7uired, +* o'eration of )a not on)* a right to a grant, +ut a grant of the Govern(ent, for it is not necessar* that a certi6cate of tit)e shou)d +e issued in order that said grant (a* +e sanctioned +* the courts, an a'')ication therefore is sucient
it had a)read* ceased to +e of the 'u+)ic do(ain and had +eco(e 'rivate 'ro'ert*, at )east +* 'resu('tion
#he a'')ication for con6r(ation is (ere for(a)it*, the )ac0 of hich does not aFect the )ega) sucienc* of the tit)e as ou)d +e evidenced +* the 'atent and the #orrens tit)e to +e issued u'on the strength of said 'atent.
#he eFect of the 'roof, herever (ade, as not to confer tit)e, +ut si(')* to esta+)ish it, as a)read* conferred +* the decree, if not +* ear)ier )a
2. NO
f it is acce'tedBas it (ust +eBthat the )and as a)read* 'rivate )and to hich the n6e)s had a )ega))* sucient and transfera+)e tit)e on Octo+er 2, 1!2 hen Ac(e ac7uired it fro( said oners, it (ust a)so +e conceded that Ac(e had a 'erfect right to (a0e such ac7uisition #he on)* )i(itation then etant as that cor'orations cou)d not ac7uire, ho)d or )ease 'u+)ic agricu)tura) )ands in ecess of 1,-24 hectares
