Oh

Cho vs Director of Lands G.R. No. 48321, August 31, 1946

Oh Cho vs Director of Lands
G.R. No. 48321, August 31, 1946

FACTS:

Oh Cho, a Chinese citizen, purchased from the Lagdameos a parcel of land in
Tayabas, which they openly, continuously and adversely possessed since
1880. On January 17, 1940, Oh Cho applied for registration of this land. The
Solicitor General opposed on the ground that Oh Cho lacked title to said land
and also because he was an alien.

ISSUEs:

Whether or not Oh Cho had title
Whether or not Oh Cho is entitled to a decree of registration


HELD:

Oh Cho failed to show that he has title to the lot, which may be confirmed
under the Land Registration Act.

All lands that were not acquired from the Government, either by purchase or
by grant, belong to the public domain. An exception to the rule would be any
land that should have been in the possession of an occupant and of his
predecessors in interest since time immemorial, for such possession would
justify the presumption that the land had never been part of the public
domain or that it had been a private property even before the Spanish
conquest.

The applicant does not come under the exception, for the earliest possession
of the lot by his first predecessor in interest began in 1880.

Under the Public Land Act, Oh Cho is not entitled to a decree of registration of
the lot, because he is an alien disqualified from acquiring lands of the public
domain.

Oh Cho's predecessors in interest would have been entitled toa decree of

registration had they applied for the same. The application for the registration
of the land was a condition precedent, which was not complied with by the
Lagmeos. Hence, the most they had was mere possessory right, not title. This
possessory right was what was transferred to Oh Cho, but since the latter is an
alien, the possessory right could never ripen to ownership by prescription. As
an alien, Oh Cho is disqualified from acquiring title over public land by
prescription.

G.R. No. 48321, August 31, 1946

GR: All lands are acquired from the Government, either by purchase or
by grant.

EXCEPTION: Lands under private ownership since time immemorial.

Application for decree of registration is a condition precedent to

acquisition of title. Non-compliance gives rise to mere possessory right.

An alien cannot acquire title to lands of the public domain by

prescription.

FACTS:

Oh Cho, a Chinese citizen, purchased from the Lagdameos a parcel of land in
Tayabas, which they openly, continuously and adversely possessed since
1880. On January 17, 1940, Oh Cho applied for registration of this land. The
Solicitor General opposed on the ground that Oh Cho lacked title to said land
and also because he was an alien.

ISSUEs:

Whether or not Oh Cho had title

Whether or not Oh Cho is entitled to a decree of registration

HELD:

Oh Cho failed to show that he has title to the lot, which may be confirmed
under the Land Registration Act.

All lands that were not acquired from the Government, either by purchase or
by grant, belong to the public domain. An exception to the rule would be any

land that should have been in the possession of an occupant and of his
predecessors in interest since time immemorial, for such possession would
justify the presumption that the land had never been part of the public
domain or that it had been a private property even before the Spanish
conquest.

The applicant does not come under the exception, for the earliest possession
of the lot by his first predecessor in interest began in 1880.

Under the Public Land Act, Oh Cho is not entitled to a decree of registration of
the lot, because he is an alien disqualified from acquiring lands of the public
domain.

Oh Cho's predecessors in interest would have been entitled toa decree of
registration had they applied for the same. The application for the registration
of the land was a condition precedent, which was not complied with by the
Lagmeos. Hence, the most they had was mere possessory right, not title. This
possessory right was what was transferred to Oh Cho, but since the latter is an
alien, the possessory right could never ripen to ownership by prescription. As
an alien, Oh Cho is disqualified from acquiring title over public land by
prescription.