G.R. No. 48321 - Oh Cho vs. Director of Lands

Oh Cho, a citizen of the Republic of China, filed on January 17, 1940 an application under the Land Registration Act (Act 496) (and subsidiarily the Public Land Act, C.A. No. 141) to register a residential lot in Guinayangan, Tayabas.
The Director of Lands opposed, alleging (a) lack of title traceable to Government grant or purchase, and (b) alien disqualification under the Public Land Act. The Court of First Instance (Judge Magsalin) overruled opposition and decreed registration; the Director appealed.

Successive private possession traced from 1880 (Capitana Gina) to Francisco Reformado (1885), Claro Lagdameo (1886), his widow Fortunata Olega (1929), her children (1929–1938), and sale to Oh Cho in 1938.
No Spanish grant, land-composition title, or possessory information under the 1894 decree was presented; land classified as part of the public domain by the opponent.

Whether applicant or predecessors proved acquisition from the Government (Spanish grant, purchase, or possessory information).

Whether an alien is disqualified from obtaining registration of public lands (secs. 48–49).
Whether applicant’s predecessors fulfilled the condition precedent (possession since July 26, 1894 and timely application) to acquire rights under C.A. No. 141.

Whether the sale of the lot to an alien should be declared null and void ab initio under Const. Art. XII, Sec. 5 (prohibiting transfer of private agricultural land to aliens).