Title
Roales Bros. and Cousins vs. Director of Lands
Case
G.R. No. 27818
Decision Date
Dec 24, 1927
Applicants claimed ownership of Bonga Island, tracing possession to pre-American occupation. Despite partial physical occupation, the Supreme Court ruled constructive possession of the majority extended to the entire island, granting registration of disputed portions.

Case Summary (G.R. No. 27818)

Background of Land Ownership

The petitioners assert their right to register the parcels of land based on a historical lineage of ownership beginning before American occupation. Tomas Roales initially took possession and cultivated the island and later acquired a grant from the Military Political Commander of Illana Bay between 1893 and 1895. Following the failure of the association known as Fortuna to settle land taxes, the land was auctioned off and acquired by Francisco Diaz, from whom the petitioners obtained the parcels in question.

Court's Findings on Land Parcels

The trial court granted registration for parcels 4, 6, 7, and 8, concluding they were cultivated and occupied by the petitioners and their predecessors ten years prior to American occupation. However, regarding parcel 2, the court ordered the petitioners to submit an amended plan, noting only a portion was occupied, while registration for the entirety of lot 3 was denied based on a lack of actual possession.

Legal Principles of Possession

The court's denial of registration for portion of lot 2 and all of lot 3 was predicated on the assertion that the applicants and their predecessors lacked actual possession. However, the petitioners contended that according to the precedent set in Ramos vs. Director of Lands, constructive possession could be claimed on the basis of cultivating a significant portion of the land. The legal principle clarified that one does not need physical presence on every square meter to establish possession; rather, possessing and cultivating a part of the land suffices as constructive possession of the whole if no adverse claim exists.

Reevaluation of Possession Claims

The Supreme Court evaluated the evidence, which indicated that the petitioners and their predecessors had actual possession of over two-thirds of Bonga Island. This substantial possession warranted a conclusion that constructive possession extended to the remaining

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