The document summarizes a court case between Valentin Susi and Angela Razon over ownership of a parcel of land. It finds that Susi and his predecessors had occupied and possessed the land continuously for over 45 years, establishing their ownership. Therefore, the later sale of the land to Razon by the Director of Lands was void, as the land was no longer part of the public domain. The court upholds Susi's ownership and cancels the title issued to Razon.
The document summarizes a court case between Valentin Susi and Angela Razon over ownership of a parcel of land. It finds that Susi and his predecessors had occupied and possessed the land continuously for over 45 years, establishing their ownership. Therefore, the later sale of the land to Razon by the Director of Lands was void, as the land was no longer part of the public domain. The court upholds Susi's ownership and cancels the title issued to Razon.
The document summarizes a court case between Valentin Susi and Angela Razon over ownership of a parcel of land. It finds that Susi and his predecessors had occupied and possessed the land continuously for over 45 years, establishing their ownership. Therefore, the later sale of the land to Razon by the Director of Lands was void, as the land was no longer part of the public domain. The court upholds Susi's ownership and cancels the title issued to Razon.
VALENTIN SUSI , plaintiff-appellee, vs . ANGELA RAZON and THE
DIRECTOR OF LANDS , defendants. THE DIRECTOR OF LANDS , appellant.
Acting Attorney-General Reyes for appellant.
Monico R. Mercado for appellee.
SYLLABUS
1. PUBLIC LANDS; ACQUISITION BY OCCUPANCY. — An open, continuous,
adverse and public possession of a land of the public domain from time immemorial by a private individual personally and through his predecessors confers an effective title on said possessor, whereby the land ceases to be public, to become private, property. 2. ID.; ID.; REQUISITES. — To acquire a right to a certi cate 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 suf cient, 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. 3. ID.; ID.; ID.; RECOVERY OF PROPERTY. — As the possessor of a public land under the circumstances mentioned in the preceding paragraphs acquires the land by operation of law as a grant from the State, the land ceasing to be of public domain, to become private property, at least by presumption, it follows that it can no longer be sold by the Director of Lands to another person, and if he does, the sale is void, and the said possessor may recover the land from any person holding it against his will.
DECISION
VILLA-REAL , J : p
This action was commenced in the Court of First Instance of Pampanga by a