Susi vs Razon G.R. No.

L-24066
1. On December 18, 1880, Nemesio Pinlac sold the land in question, then a fish pond, to
Garcia and Mendoza for Php12 which they then sold to Susi for the same amount on
September 9, 1899.
2. The possession and occupation of the land in question, first, by Apolonio Garcia and
Basilio Mendoza, and then by Valentin Susi has been open, continuous, adverse and
public, without any interruption, except during the revolution, or disturbance.
3. On September 13, 1913, Angela Razon commenced an action in the CFI to recover
possession of the said land which was dismissed by the Court.
4. Razon then went to the Director of Lands to apply for the purchase of such land on
August 15, 1914. Susi filed then an opposition thereto on December 6, 1915 asserting
his possession of the land for 25 years.
5. Director of Lands overruled the opposition and sold the land to Razon.
6. Due to Susi’s refusal to vacate the property, Razon filed an action for forcible entry
which the Court dismissed for lack of jurisdiction, the case being one of title to real
property
7. This action is then brought by Susi praying for:
a. Declaring plaintiff the sole and absolute owner of the parcel of land described
in the second paragraph of the complaint
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 said Angela Razon
d. Sentencing the latter to pay plaintiff the sum of P500 as damages, with the
costs.

Issue: Who is the rightful owner of the parcel of land?- Valentin Susi
Ruling:
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. The judgement in the CFI Pampanga rebuts her claim that she had been in
possession thereof. Valentin Susi had already been in possession of the land personally and
through his predecessors for thirty-four years and taking into account when Pinlac had
possessed the land before him, the doctrine laid down by the Court in the case of Cariño vs
Government of the Phil. Applies here.
Being in actual, and physical possession, personally and through his predecessors, of an
agricultural land of the public domain openly, continuously, exclusively, and publicly since July
24, 1894, under Par. B of section 45 of Act. No. 2874, there is the presumption that all the
necessary requirements for a grant by the Government were complied with in favour of Susi.
He also had the right to a certificate of title to said land. So when Razon applied for the grant,
Susi had already acquired, by operation of law, a grant of the Government. He only had to
apply for it under Sec. 47. This, by operation of law, turned the land into a private one.
Since the land ceased to be public domain, the Director of Lands disposed of a land which it
had no longer any title or control and the sale made was void and of no effect. Consequently,
Razon did not acquire any right.
Since the land already become private property of Susi, he has the right to bring an action to
recover possession thereof and hold it.