1.

Lee Hong Kok vs. David G.R. No. L-30389, Dec. 27, 1972

FACTS: This is regarding a piece of land which Aniano David acquired lawful title thereto, pursuant to his miscellaneous sales application. After approval of his application, the Director of Lands issued an order of award and issuance of sales patent, covering said lot by virtue of which the Undersecretary of Agriculture and Natural Resources issued a Miscellaneous Sales Patent. The Register of Deeds then issued an original certificate of title to David. During all this time, Lee Hong Kok did not oppose nor file any adverse claim. ISSUE: Whether or not Lee Hong Kok may question the government grant. HELD: Only the Government, represented by the Director of Lands or the Secretary of Agriculture and Natural Resources, can bring an action to cancel a void certificate of title issued pursuant to a void patent. This was not done by said officers but by private parties like the plaintiffs, who cannot claim that the patent and title issued for the land involved are void since they are not the registered owners thereof nor had they been declared as owners in the cadastral proceedings after claiming it as their private property. The fact that the grant was made by the government is undisputed. Whether the grant was in conformity with the law or not is a question which the government may raise, but until it is raised by the government and set aside, the defendant cannot question it. The legality of the grant is a question between the grantee and the government.

2.

CARINO VS. INSULAR GOVERNMENT 41 PHIL 935

FACTS: An Igorot applied for the registration of a certain land. He and his ancestors had held the land as owners for more than 50 years, which he inherited under Igorot customs. There was no document of title issued for the land when he applied for registration. The government contends that the land in question belonged to the state. Under the Spanish Law, all lands belonged to the Spanish Crown except those with permit private titles. Moreover, there is no prescription against the Crown. ISSUE: Whether or not the land in question belonged to the Spanish Crown under the Regalian Doctrine. HELD: No. Law and justice require that the applicant should be granted title to his land. The United States Supreme Court, through Justice Holmes declared: It might perhaps, be proper and sufficient to say that when, as far as testimony or memory goes, the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest, and never to have been public land. There is an existence of native title to land, or ownership of land by Filipinos by virtue of possession under a claim of ownership since time immemorial and independent of any grant from the Spanish Crown, as an exception to the theory of jura regalia.