[ G. R. No.

15656, November 15, 1920 ]

JESUS VAñO, APPLICANT AND APPELLANT, VS. THE GOVERNMENT OF THE PHILIPPINE

ISLANDS, OBJECTOR AND APPELLEE

I. Facts:

Applicant, JESUS VAñO, wanted to obtain a  title to a tract of land containing a little over
3,793 hectares, including  within its boundaries four municipalities and constituting a not
inconsiderable part of the entire Province of Bohol, which was opposed by the Director of
Lands and the Director of Forestry. CFI Bohol, In its decision, denied the said registration.
II. Issue: WON open, continuous, exclusive, and notorious occupation of the land is enough to
relied upon in obtaining title?

III. Ruling: To prove title, open, continuous, exclusive, and notorious occupation of the land by
the applicant and his predecessors in interest since 1882, interrupted by the revolution, is
relied upon.  Included within the perimeter of the tract are approximately 685 hectares of
forest land and four logging trails in the nature of highways.  These portions should, without
question, be eliminated from the claim.  The Government concedes, however, that
approximately 1,060 hectares are under cultivation and that certain other portions have been
used by the claimant for pasturage.  But the doctrine of constructive possession announced in
Ramos vs. Director of Lands ([1918], 39 Phil., 175) cannot be successfully advanced, for the
claimant is not holding the land under color of title.  To the tracts, of which applicant is in
actual possession, he can secure title, on submission of proper plans.

Color of title- A written instrument that purports to transfer ownership of property but, due to
some defect, does not have that effect. A document purporting to pass title to land, such as a
deed that is defective due to a lack of title in the grantor, passes only color of title to the
grantee.

Mere-appearance of ownership given by a document or evidence. An adverse possessor (see

adverse possession) having the color of title may have his or her claim ripen into fully legal title in
less than normal period if he or she complies with certain regulations such as payment of property
taxes.

Read more: http://www.businessdictionary.com/definition/color-of-title.html

Color of title means ownership of property by a person in possession, without being regular,

such as not having one or more of the memorials or documents registered, or not properly
registered. ... Color of title refers to a claim based on a land right, land warrant, land scrip or an
irregular chain of title.