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.