Jh Ankron vs Government of the Phil Islands CASE DIGESTs

#10 JH. AKRON vs THE GOVERNMENT OF THE PHILIPPINE ISLANDS Beler, Vertine Paul F. FACTS OF THE CASE This case was commenced for the purpose of registering a land under the Torrens system, which bounded, particularly situated in the plan description attached to the complaint and made part thereof. The respondent, Oppositor, The Government of the Philippine islands alleged that the said land was the property of the Government of the United States of America and under the control of the Government of the Philippines. No proof was presented by the oppositor regarding its allegations. The Judge render its decision favouring Akron, and ordered that the said land be registered to the latter, however that the right of the government to open a road in a manner that the opening should fifteen meters meters wide and should follow approximately the line of the road. Hence the Director of the lands appealed to this court. That all of said land, with the exception of a small part at the north, the exact description and extension of which does not appear, has been cultivated and planted for more than forty-four years prior to the date of this decision; That said land was formerly occupied, cultivated and planted by Moros, Mansacas and others, under a claim of ownership, and that they lived thereon and had their houses thereon, and that portion of the land which was not planted or cultivated was used as pasture land whereon they pastured their carabaos, cattle, and horses; That all of said Moros and Mansacas sold, transferred and conveyed all their right, title and interest in said land to the applicant, J. H. Ankron, some eleven years past, at which time all of the said former owners moved o n to adjoining lands where they now reside; That the possession under claim of ownership of the applicant and his predecessors in interest was shown to have been open, notorious, actual, public and continuous for more than forty-four years past, and that their claim was exclusive of any other right adverse to all other claims; That the applicant now has some one hundred fifty (150) hills of hemp, some eight thousand (8,000) cocoanut trees, a dwelling house, various laborers' quarters, store-building, large camarin (storehouse of wood, a galvanized iron and other buildings and improvements on said land.

Issue: Whether or not the said land is owned by the government of the Philippines. Ruling: Yes, The court held that the applicant proved and validly supplied the requisites for the registration of the said land into an agricultural land as per stated by paragraph 6 of section 54 of Act No. 926. The important prerequisites for registration of land imposed by said section 54, paragraph 6, are (a) that the land shall be agricultural public land as defined by the Act of Congress of July 1, 1902; (b) that the petitioner, by himself or his predecessors in interest, shall have been in the open, continuous, exclusive and notorious possession and occupation of the same under a bona fide claim of ownership for a period of ten years next preceding the taking effect of said Act. The government failed to disrupt the said facts presented by the applicant.

Hence, the court rendered its judgement in favor of the applicant