Case Summary (G.R. No. 48321)
Procedural History
The Court of First Instance of Tayabas granted registration and overruled the Director’s opposition. The Director appealed, with the Solicitor General arguing (1) lack of confirmable private title, (2) alien disqualification, and (3) necessity to void the 1938 sale.
Confirmable Title Analysis
Under Act 496, title must derive from a government grant or possessory information under Spanish decrees. Lands not so acquired are public domain unless held since time immemorial. Oh Cho’s chain began in 1880—too recent to invoke immemorial prescription—so no confirmable title arose.
Alien Disqualification under Public Land Act
Absent private‐land title, Oh Cho invoked the Public Land Act. Sections 48–49 prohibit aliens from acquiring public domain lands. As a non-citizen, he lacked statutory eligibility for registration.
Nullity of the 1938 Sale
The Solicitor General urged that the sale to Oh Cho violated the constitutional bar on transfer of private agricultural land to aliens. The majority found voidance unnecessary in the absence of a vendor‐vendee annulment suit and because vendors did not object to registration.
Majority Ruling
Justice Padilla reversed the lower court, dismissed Oh Cho’s application with prejudice, and denied costs. He held no valid private title was proven and alien status disqualified registration under the Public Land Act.
Concurring Opinion
Justice Perfecto agreed with dismissal, emphasizing that “public agricultural land” under constitutional and jurisprudential definitions encompasses residential lots. He wo
...continue readingCase Syllabus (G.R. No. 48321)
Procedural History
- Appeal from a Judgment of the Court of First Instance of Tayabas (G.R. No. 48321, August 31, 1946).
- Trial court decreed registration of a residential lot in Guinayangan, Tayabas, in favor of applicant Oh Cho.
- Director of Lands opposed on grounds of lack of title and alien disqualification.
- Solicitor-General pressed second objection and urged the sale to applicant be declared void.
- Supreme Court review ensued, presenting issues of title, public-domain status, alien qualification, and validity of sale.
Facts of the Case
- Oh Cho, a citizen of the Republic of China, purchased the lot in 1928 (or 1938) from Antonio, Luis, and Rafael Lagdameo.
- His predecessors in interest had open, continuous, exclusive, notorious possession: from 1880 (or as early as 1830 per concurrence) to the application date.
- The lot is a residential parcel within the town proper of Guinayangan, improved with a substantial house.
- Application for registration filed January 17, 1940 (or June 17, 1940).
- Inspector of the Bureau of Lands testified that the lot, despite current use, is agricultural in character.
- Opinion of Secretary Abad Santos (1939) classifies residential lots as “agricultural public lands” under existing jurisprudence.
Issues Presented
- Can Oh Cho prove a confirmable title under the Land Registration Act (Act No. 496)?
- Is he entitled to registration under the Public Land Act (Commonwealth Act No. 141) despite being an alien?
- Should the sale of the lot to Oh Cho be declared null and void?
- What is the legal nature and classification of the lot (public domain vs. private property; agricultural vs. residential)?
Position of the Parties
Oppositor (Director of Lands):
- No title from Government under Spanish-era laws or by possessory information.
- Lot is part of the public domain.
- Applicant is an alien disqualified from acquiring public-domain and private agricultural lands.
- Sale to Oh Cho is void under the Constitution.
Applicant (Oh Cho):
- Invokes Land Registration Act; alternatively, seeks Public Land Act benefits.
- Asserts long-continued possession by himself and predecessors confers private title.
- Relies on jurisprudence classifying urban/residential lots as agricultural public lands.
- Contends only Filipino citizens may acquire such lands, precluding no succession of possessory rights merely by purchase.
Lower Court Decision
- Judge Pedro Magsalin overruled the Director’s opposition “for lack of merit.”
- Found the lot private, within municipal limits, improved with durable structures.
- Decreed registration in