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Director v.

CA
G.R. No. L-25723 – June 29, 1984
J. Aquino

Topic: Constructive Possession


Doctrine: The rule on constructive possession does not apply where the major portion of the 138 hectares
applied for has been in the adverse possession of homesteaders.

Petitioner: The Director of Lands and Heirs of the Deceased Homesteaders, namely Ignacio Bangug,
Pascual Bangug, Eusebio Gumiran, Santiago Aggabao and Antonio Deray
Respondent: Court of Appeals and Heirs of Bruno Cabauatan

Case Summary: The heirs of Bruno Cabauatan registered 25 hectares of land in 1934. In 1937, they tried
to register 128 more hectares. Petitioners are homesteaders who claim rights to the 138 hectares. The SC
held that the registration of the 128 hectares cannot be granted. Heirs of Cabauatan claim that they must
be deemed to have constructive possession of the 128 hectares since they were in actual possession of the
25 hectares. However, SC held that the rule on constructive possession does not apply ITC because the
major portion of the disputed 128 hectares has been in the adverse possession of homesteaders and their
heirs and is part of the public domain until the patents are issued.

Facts:
 This is a land registration case involving 128.8 hectares of land located in Cabagan, Isabela that
was not registered in the first registration case in 1934. In the first registration case, no evidence
of any composition title was presented by the applicants. It was allegedly burned in the house of
Pepe Buraga during the war so the boundaries of said lot cannot be identified
 The lot was questioned because it was declared for tax purposes in the name of Honofre
Cabauatan, Brono’s nephew, and not in the name of Bruno’s heirs. How Honofre obtained this
was not adequately explained. There was also no explanation why in 1932, the lot was increased
to 154 hectares. The initial area of the lot applied for registration was 138 hectares.
 According to the SC, the Solicitor General correctly contended that the claim of possession or
having a composition title is useless if the land is not identified
 On March 5, 1934, Judge Mariano Rosauro issued Decree No. 536561 for the registration of only
25.4 hectares in the name of the heirs of Bruno Cabauatan.
 The petitioners here are alleging that the claimed property by Bruno’s heirs is covered by their
approved and subsisting homestead applications.
o According to testimonies, it was found by the trial court that the land in question was
administered by Bruno’s son, Salvador.
o There were allegedly 40 tenants working in the middle portion of the land and that
Bruno’s children received 1/3 of the products (corn, palay, kapok, acacia, oranges).
o They also allegedly constructed rice paddies and built dwelling houses.
o They have possessed the land openly, peacefully, continuously and in the concept of
owner since the Spanish regime up to the present time
 Evidences for the Director of Lands and Homesteaders (Petitioners)
o Various approvals of homestead applications and issuance of patents
o Solicitor General provided evidence on how the have been occupying the land in question
which they also applied for homestead and was approved.
 TC Ruling: In favor of the heirs of Bruno. - If Bruno’s heirs had possession of the said 25
hectares, they could be deemed to have “constructive possession” of the remaining part of the
land provided that the same is not in the adverse possession of another person.
Issue + Held: W/N the Heirs of Bruno have constructive possession of the remaining land – NO
 The rule on constructive possession does not apply.
o Major portion of the disputed 128 hectares has been in the adverse possession of
homesteaders and their heirs and is part of the public domain until the patents are issued.
o The area claimed is in excess of that mentioned in the composition title.
 Without proof by secondary evidence, loss of the composition title cannot be
given any probative value.
o The precise location of the land and their possession thereof was not proven by the
applicants.The alleged possession of Bruno’s heirs refers only to the 25 hectares already
registered in their names.

Ruling:
Petition GRANTED.

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