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  • Oh Cho vs. Dir of Lands Digest

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    DENR PAMBCS
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    1) Oh Cho, a Chinese alien, appealed the rejection of his application to register ownership of a lot he had possessed since 1880, claiming open, continuous, exclusive and notorious possession. 2) The court held that Oh Cho was not entitled to registration of the lot because as an alien, he was disqualified from acquiring lands in the public domain. 3) His possession since 1880 was not sufficient to presume the land was previously private property before the Spanish conquest, and the possession was merely possessory and could not ripen into ownership through prescription due to his status as an alien.

    Исходное описание:

    Case Digest of Oh Cho vs. Director of Lands Landmark Case

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    1) Oh Cho, a Chinese alien, appealed the rejection of his application to register ownership of a lot he had possessed since 1880, claiming open, continuous, exclusive and notorious possession. 2) The court held that Oh Cho was not entitled to registration of the lot because as an alien, he was disqualified from acquiring lands in the public domain. 3) His possession since 1880 was not sufficient to presume the land was previously private property before the Spanish conquest, and the possession was merely possessory and could not ripen into ownership through prescription due to his status as an alien.

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    © All Rights Reserved
    Скачайте в формате DOC, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    500 просмотров1 страница

    Oh Cho vs. Dir of Lands Digest

    Загружено:

    DENR PAMBCS
    1) Oh Cho, a Chinese alien, appealed the rejection of his application to register ownership of a lot he had possessed since 1880, claiming open, continuous, exclusive and notorious possession. 2) The court held that Oh Cho was not entitled to registration of the lot because as an alien, he was disqualified from acquiring lands in the public domain. 3) His possession since 1880 was not sufficient to presume the land was previously private property before the Spanish conquest, and the possession was merely possessory and could not ripen into ownership through prescription due to his status as an alien.

    Авторское право:

    © All Rights Reserved
    Скачайте в формате DOC, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 1

    Oh Cho v.

    Director of Lands (1946)

    G.R. No. L-48321. August 31, 1946


    Lessons Applicable: (Land Titles and Deeds)
    Sec. 2 Art. XII, 1987 Constitution

    FACTS:

    Oh Cho is appealing from the rejection of his application based on disqualification as alien
    (Chinese) from acquiring lands of the public domain.
    He had open, continuous, exclusive and notorious possession of the lot from 1880 to filing of the
    application for registration on January 17, 1940
    ISSUE: W/N Oh Cho entitled to decree or registration of the lot.

    HELD: NO.
    GR: All lands that were not acquired from the Government, either by purchase or by grant below
    to the public domain
    Exception: 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.
    (Cariño v. Insular Government) - not applicable since only from 1880
    His immediate possesor failed to comply with the condition precedent to apply for the registration
    of the land of which they had been in possession at least since July 26, 1894 so what was
    transferred to Oh Cho is merely possesory right which cannot ripen to ownership by prescription
    (aliens disqualified to own by prescription)

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