04/02/2020
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period.
It was only in the case of Oh Cho v. Director of Lands[192] that the court declared
that the rule that all lands that were not acquired from the government, either by
purchase or grant, belong to the public domain has an exception. This exception
would be any land that should have been in the possession of an occupant and of his
predecessors-in-interest since time immemorial. It is this kind of possession that
would justify the presumption that the land had never been part of the public
domain or that it had been private property even before the Spanish conquest.[193]
Oh Cho, however, was decided under the provisions of the Public Land Act and
Cariño was cited to support the applicant's claim of acquisitive prescription under
the said Act.
All these years, Cariño had been quoted out of context simply to justify long,
continuous, open and adverse possession in the concept of owner of public
agricultural land. It is this long, continuous, open and adverse possession in the
concept of owner of thirty years both for ordinary citizens[194] and members of the
national cultural minorities[195] that converts the land from public into private and
entitles the registrant to a torrens certificate of title.
(3) The Option of Securing a Torrens Title to the Ancestral Land Indicates
that the Land is Private.
The private character of ancestral lands and domains as laid down in the IPRA is
further strengthened by the option given to individual ICCs/IPs over their
individually-owned ancestral lands. For purposes of registration under the
Public Land Act and the Land Registration Act, the IPRA expressly converts
ancestral land into public agricultural land which may be disposed of by the
State. The necessary implication is that ancestral land is private. It,
however, has to be first converted to public agricultural land simply for
registration purposes. To wit:
"Sec. 12. Option to Secure Certificate of Title Under Commonwealth Act
141, as amended, or the Land Registration Act 496-- Individual members
of cultural communities, with respect to their individually-owned ancestral
lands who, by themselves or through their predecessors-in-interest, have
been in continuous possession and occupation of the same in the concept
of owner since time immemorial or for a period of not less than thirty
(30) years immediately preceding the approval of this Act and
uncontested by the members of the same ICCs/IPs shall have the option
to secure title to their ancestral lands under the provisions of
Commonwealth Act 141, as amended, or the Land Registration Act 496.
For this purpose, said individually-owned ancestral lands, which are
agricultural in character and actually used for agricultural, residential,
pasture, and tree farming purposes, including those with a slope of
eighteen percent (18%) or more, are hereby classified as alienable and
disposable agricultural lands.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
39/148
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