G.R. No.

L-13298 November 19, 1918

CORNELIO RAMOS, petitioner-appellant,

vs.
THE DIRECTOR OF LANDS, objector-appellee.

Facts:

This is an appeal by the applicant and appellant from a judgment of the Court of First Instance
of Nueva Ecija,

Restituto Romero y Ponce apparently gained possession of a considerable tract of land located
in the municipality of San Jose, Province of Nueva Ecija, in the year 1882. He took advantage of
the Royal Decree of February 13, 1894, to obtain a possessory information title to the land,
registered as such on February 8, 1896

the possessory information title of Restituto Romero, was sold in February, 1907, to Cornelio
Ramos, the instant petitioner, and his wife Ambrosia Salamanca.

Ramos instituted appropriate proceedings to have his title registered.

Opposition was entered by the Director of Lands on the ground that Ramos had not acquired a
good title from the Spanish government and by the Director of Forestry on the ground that the
first parcel was forest land. The trial court agreed with the objectors and excluded parcel No.1
from registration

It has been seen however that the predecessor in interest to the petitioner at least held this tract
of land under color of title.

Issue:

Whether or not the actual occupancy of a part of the land described in the instrument giving
color of title sufficient to give title to the entire tract of land?
Held:

The general rule is that possession and cultivation of a portion of a tract of land under the claim
of ownership of all is a constructive possession of all, if the remainder is not in the adverse
possession of another.

Subsection 6 of section 54, of Act No. 926, entitled The Public Land Law, as amended by Act
No. 1908, reads as follows:

6. All persons who by themselves or their predecessors and interest have been in the
open, continuous, exclusive, and notorious possession and occupation of agricultural
public lands, as defined by said Act of Congress of July first, nineteen hundred and two,
under a bona fide claim of ownership except as against the Government, for a period of
ten years next preceding the twenty-sixth day of July, nineteen hundred and four, except
when prevented by war or force majeure, shall be conclusively presumed to have
performed all the conditions essential to a government grant and to have received the
same, and shall be entitled to a certificate of title to such land under the provisions of this
chapter.

The claimant has color of title; he acted in good faith and he has open, peaceable, and
notorious possession of a portion of the property, sufficient to apprise the community and the
world that the land was for his enjoyment.

Possession in the eyes of the law does not mean that a man has to have his feet on every
square meter of ground before it can be said that he is in possession.
Ramos and his predecessor in interest fulfilled the requirements of the law on supposition that
the premises consisted of agricultural public land.

We hold that the petitioner and appellant has proved a title to the entire tract of land for which
he asked registration, under the provisions of subsection 6, of section 54, of Act No. 926, as
amended by Act No. 1908, with reference to the Philippine Bill and the Royal Decree of
February 13, 1894, and his possessory information.

Judgment is reversed and the lower court shall register in the name of the applicant the entire
tract in parcel No. 1, as described in plan Exhibit A, without special finding as to costs. So
ordered.