Susi Vs Razon

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SUSI VS RAZON (G.R. No.

L-24066December 9, 1925)

FACTS:

On September 5, 1899, Valentin Susi bought a parcel of land from Apolonio Garcia and
Basilio Mendoza. Prior to such purchase, the said sellers have been in an open,
continuous, adverse and public possession of the land for 19 years.
After the purchase, Valentin Susi took possession of the land in an open, continuous,
adverse and public manner and without interruption. However on September 13, 1913,
the possession was interrupted when Angela Razon filed an action to recover possession
of the land. The Court of First Instance dismissed Angela Razon’s complaint.
Despite the dismissal of the case, Angela Razon filed for the purchase of the disputed
land with the Director of Lands. Valentin Susi filed his opposition and asserted his right
over the land. However, the Director of Land overruled the opposition and sold the land
the Angela Razon on the ground that the land was still and public land and Valentin Susi
does not have a title over it.

ISSUE:

WON Valentin Susi already acquired title to the land.

HELD:

YES. Valentin Susi has been in possession of the land in question openly, continuously,
adversely and publicly personally and through his predecessors for 45 years. This being
the case, the doctrine laid down by the Supreme Court of United States in Cariño vs
Government of the Philippine Islands is applicable. Here, it held that To acquire a right to
a certificate of title over a land of the public domain, under the provisions of Chapter VI of
Act No. 926, as amended by Chapter VIII of Act No. 2874, an open, adverse, public and
continuous possession from July 26,1894, is sufficient, provided the possessor makes
application therefor under the provisions of section 47 of Act No. 2874. The possessor
under such circumstances acquires by operation of law, not only a right to a grant, but a
grant of the government, and the actual issuance of a title is not necessary in order that
said grant may be sanctioned by the courts.
In the present case all the requirements for a grant were complied with since Valentin
Susi has been in possession of the land in question openly, continuously, adversely,
and publicly, personally and through his predecessors, since the year 1880, that is, for
about forty-five years. By a legal fiction, Valentin Susi had acquired the land in question
by a grant of the State, it had already ceased to be the public domain and had become
private property, at least by presumption, of Valentin Susi, beyond the control of the
Director of Lands. Consequently, in selling the land in question to Angela Razon, the
Director of Lands disposed of a land over which he had no longer any title or control,
and the sale thus made was void and of no effect, and Angela Razon did not thereby
acquire any right.

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