7. Susi vs. Razon and Director of Lands, G.R. No.
L-24066, December 9, 1925
FACTS: Valentin Susi filed a complaint against Angela Razon and the Director of Lands praying for the
judgment declaring him as the sole and absolute owner of the parcel of land in question. The evidence
shows that on September 5, 1899, Susi purchased the said property from Apolonio Garcia and Basilio
Mendoza. On August 15, 1914, Angela Razon applied to the Director of Lands for the purchase of the land
in question. The Director of Lands sold the land to Angela Razon and issued a certificate of title in her
favor maintaining that the land in question was a property of the Government of the United States under
the administration and control of the Philippine Islands.
ISSUE: Whether Angela Razon is entitled to the land in question.
HELD: No. When Razon applied for the purchase of the said land, Susi had already been in possession
thereof personally and through his predecessors for thirty-four years. Moreover, the presumption juris et
de jure established in Act no. 2874, amending Act no. 926, that all the necessary requirements for a grant
by the Government were complied with, for he has been in actual and physical possession, personally and
publicly since July 26, 1894, with a right to a certificate of title. So that when Razon applied for the grant
in her favor, Susi had already acquired, by operation of law, a grant of the Government, for it is not
necessary that certificate of title should be issued in order that said grant may be sanctioned by the courts,
an application thereof is sufficient, under the provision of Section 47 of Act no. 2874. If by legal fiction,
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, beyond the control of the Director of
Lands. Consequently, in selling the land in question to 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 Razon
did not thereby acquire any right.