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.