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02 SUSI Vs RAZON
02 SUSI Vs RAZON
RAZON)
Valentin Susi, plaintiff-appellee
vs.
Angela Razon and the Director of Lands, Defendants, The Director of
Lands, appellant
FACTS:
A complaint was filed by Valentin Susi against Angela Razon and the Director of
Lands, praying for judgement:
a. Declaring plaintiff as the sole and absolute owner of the parcel of subject land;
b. Annulling the sale made by the Director of Lands in favor of Angela Razon, on the
ground that the land is a private property;
c. Ordering the cancellation of the certificate of title issued to Angela Razon; and
d. Ordering the payment of the defendant to the plaintiff the sum of P500.00, as
damages.
The Director of Lands denied each and every allegation contained in the complaint
and, as a special defense, alleged that the subject land was a property of the Government of
the United States under the administration and control of the Philippines before its sale to
Angela Razon, which was made in accordance with law.
The evidence shows that on December 18, 1880, Nemesio Pintac sold the subject land
and a fish pond to Apolonio Garcia and Basilio Mendoza. After being in possession thereof
for about 8 years, Garcia and Mendoza sold the property to Valentin Susi.
Before the execution of the Deed of Sale, Valentin Susi paid its price and sown
“bacawan” on the land, availing himself to the firewood gathered thereon, with the proceeds
of sale oh which he had paid the price of the property.
The possession and occupation of the land by Apolonio Garcia and Basilio Medoza, and
then by Valentin Susi had been open, continuous, adverse and public, without any
interruption, except during the revolution, or disturbance, except when Angela Razon
commenced the action in the Court of First Instance to recover the possession of the said
land. The Court of First Instance rendered judgment, in favor of Valentin Susi.
Having failed in her attempt to obtain possession of the land through court, Angela
Razon applied to the Director of Lands for the purchase thereof. Valentin, upon learning the
application, apposed thereto, asserting his possession of the land for twenty-five years.
After conducting an administrative investigation, the Director of Lands overruled the
opposition of Valentin Susi and sold the land to Angela Razon. By virtue of the said grant,
the Register of Deeds issued the proper Certificate of Title to Angela Razon.
ISSUE:
Who is then the rightful owner of the land in question?
HELD:
The Supreme Court in their decision favored Valentin Susi. It clearly appears from the
evidence that Valentine Susi has been in the possession of the land in question openly,
continuously, adversely and publicly, personally and through his predecessors for forty-five
years. These being the facts, there is the presumption juris et de jure as established in
paragraph (b) of section 45 of Act No. 2874, amending Act, No. 926, that all the necessary
requirements for a grant by the Government were complied with. So that when Angela
Razon applied for the grant in her favor, Valentin Susi had already acquired, by operation of
law, not only a right to a grant, but a grant of the Government, for a certificate of title is not
necessary to be issued in her name in order that the said grant may be sanctioned by the
courts. An application therefore is sufficient under section 47 of Act No, 2874. In effect,
Valentin Susi had acquired the land by a grant of the State, and it already ceased to be
public domain and had become a private property. Consequently, the selling of the land in
question to Angela Razon, the Director of Lands disposed a land over which he had no
longer title ot control, hence, the sale made was void and of no effect. Angela Razon did not
hereby acquire any right over the land.