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    The applicant sought to register a parcel of land under the Torrens System. The Director of Lands opposed the registration, arguing that the land belonged to the Government or that portions were unsuitable for registration. The lower court ordered registration for the applicant. The Director of Lands appealed. The Supreme Court ruled in favor of the applicant, finding that the applicant had sufficiently proved that the land was agricultural, that he and his predecessors had occupied it for over 40 years, and that the Government had not reserved the land as forestry land before the applicant's private interests intervened.

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    40 PHIL 10

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    The applicant sought to register a parcel of land under the Torrens System. The Director of Lands opposed the registration, arguing that the land belonged to the Government or that portions were unsuitable for registration. The lower court ordered registration for the applicant. The Director of Lands appealed. The Supreme Court ruled in favor of the applicant, finding that the applicant had sufficiently proved that the land was agricultural, that he and his predecessors had occupied it for over 40 years, and that the Government had not reserved the land as forestry land before the applicant's private interests intervened.

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    10 views1 page

    40 Phil 10

    Uploaded by

    shienna baccay
    The applicant sought to register a parcel of land under the Torrens System. The Director of Lands opposed the registration, arguing that the land belonged to the Government or that portions were unsuitable for registration. The lower court ordered registration for the applicant. The Director of Lands appealed. The Supreme Court ruled in favor of the applicant, finding that the applicant had sufficiently proved that the land was agricultural, that he and his predecessors had occupied it for over 40 years, and that the Government had not reserved the land as forestry land before the applicant's private interests intervened.

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    of 1

    J. H. ANKRON, petitioner-appellee, vs.

    THE GOVERNMENT OF THE


    PHILIPPINE ISLANDS, objector-appellant.
    G.R. No. L-14213
    August 23, 1919

    Facts:

    A certain parcel of land is sought to be registered under the Torrens


    System. The only opposition which was presented was on the part of the
    Director of Lands claiming that the land in question was the property of the
    Government of the United States under the control and administration of
    the Government of the Philippine Islands. After hearing and considering the
    evidence, the lower court ordered that said parcel of land be registered in
    the name of the said applicant, J. H.Ankron, subject, however, to the right
    of the Government of the Philippine Islands to open a road thereon in the
    manner and conditions mentioned in said decision. From the decree, the
    Director of Lands appealed to this court arguing that the applicant did not
    sufficiently identify the land in question and has failed to prove his
    possession and occupation in accordance with the provisions of paragraph
    6 of Section 54 of Act 926. Morever, he contends that portions of said land
    cannot be registered in accordance with the existing Land Registration Law
    for the reason that they are manglares.

    Issue: Whether or not the granting of the registration of the land is


    valid?

    Ruling: Yes. The Government under the provisions of Act 1148, may,
    by reservation, decide for itself what portions of public land shall be
    considered forestry land, unless private interests have intervened before
    such reservation is made. Whether the land is agricultural, forestry, or
    mineral, is a question of proof. Until private interests have intervened, the
    Government, by virtue of the terms of said Act, may decide for itself what
    portions of the "public domain" shall be set aside and reserved as forestry
    or mineral land. The important requisites for registration of land imposed by
    said Section 54 are (a) that the land shall be agricultural public land as
    defined by the Act of Congress of July 1, 1902; (b) that the petitioner, by
    himself or his predecessors in interest, shall have been in the open,
    continuous, exclusive and notorious possession and occupation of the
    same under a bona fide claim of ownership for a period of 10 years next
    preceding the taking effect of said Act.

    In the present case, the applicant proved and there was no effort to
    dispute that the land in question was agricultural land and that he and his
    predecessors in interest had occupied the same as owners in good faith for
    a period of more than 40 years prior to the commencement of the present
    action. Section 3 of Act 1148 provides that “the public forest shall include
    all unreserved land covered with trees of whatever age.”

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