Ramos v. Dir. Of Lands
G.R. No. L-13298
By: G-one T. Paisones
Facts:
Restituto Romero gained possession of a land located in the municipality of San Jose, Nueva Ecija, in 1882. He took advantage of the Royal Decree of February 13, 1894, to obtain a possessory information title to the land. Restituto sold the land to o 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.
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:
Ratio:
Actual possession of land consists in the manifestation of acts of dominion over it of such a nature as a party would naturally exercise over his own property. Relative to actuality of possession, it is admitted that the petitioner has cultivated only about one fourth of the entire tract.
The doctrine of constructive possession indicates the answer. The general rule is that the possession and cultivation of a portion of a tract under claim of ownership of all is a constructive possession of all, if the remainder is not in the adverse possession of another.
The claimant has color of title; he acted in good faith; and he has had 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. (See arts. 446, 448, Civil Code.) 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 the supposition that he premises consisted of agricultural public land.
No comments:
Post a Comment