Heirs of Emiliano Navarro vs IAC and Heirs of Sinforoso Pascual FACTS:
Sinforoso Pascual led an application to register and conrm his title to a parcel of land which have an area of 146, 611 sq. m. and claimed that such is an accretion accretion to his property property.. The irector irector of !ands, led an opposition opposition ther theret eto o stat statin ing g that that neit neithe herr Pascu ascual al nor nor his his pred predec eces esso sors rs"i "in"i n"int nter eres estt possessed su#cient title to the su$%ect property, the same $eing a portion of the the pu$l pu$lic ic doma domain in and, and, ther theref efor ore, e, it $elo $elong ngs s to the the &epu$ epu$li lic c of the the Philippines. 'avarro thereupon led an opposition to Pascual(s application claiming that the land sought to $e registered has always $een part of the &epu$lic of the Philippines and that he was a lessee and in possession of a part of the su$%ect property $y virtue of a shpond permit issued $y the )ureau of *isheries and conrmed $y the +#ce of the President and that he had already converted the area covered $y the lease into a shpond. Pascual led led an e%ectm e%ectment ent agains againstt 'avar 'avarro ro,, one -arcel -arcelo o !ope !ope and their their privie privies. s. /oweve /owever, r, the case case was decide decided d agains againstt Sinfor Sinforoso oso Pascual. ascual. 0onseq 0onsequen uently tly respondent appealed to &T0 0*23 $ut transferred the same to 0ourt a quo, $ecause of the similarities in parties and su$%ect property. The 0ourt a quo rende enderred the the deci decisi sion on agai agains nstt the the mil milia iano no 'ava 'avarr rro, o, howe howeve verr the the 05 rever everse sed d the the deci decisi sion on of the the lowe lowerr cour courtt and and deci decide ded d in favo favorr of the the respondent. ISSUE/S:
1. +' the land sought to $e registered registered is accretion accretion or foreshore foreshore land7 HELD:
1. The The 0our 0ourtt held held that that the the disp disput uted ed prop proper erty ty was was a for foresho eshorre land land.. 5ccretion as a mode of acquiring property under 5rticle 489, requires the concurrence of the following requisites: 13 that the accumulation of soil or sediment $e gradual and impercepti$le ;3 that it $e the result of the action of the waters of the river and <3 that the land where the accretion ta=es place is ad%acent to the $an= of the river. 5ccretion 5ccretion is the process where$y the soil is deposited, while alluvium is the soil deposited on the estate fronting the river $an= the owner of such estate is called the riparian owner. The com$ined and interactive e>ect of the planting of palapat and $a=awan trees, the withdrawal of the waters of -anila )ay eventually resulting in the drying up of its former former foresh foreshor ore, e, and the regul regular ar torre torrenti ntial al action action of the waters waters of -ani -anila la )ay, )ay, is the the for formati mation on of the the dispu dispute ted d land land on the the nort northe herrn $oundar $oundary y of privat private e respo responde ndents nts?? own tract tract of land. land. *urther urthermor more, e, 5rticle 4 of the Spanish !aw of aters of 5ugust <, 1@66 provides as follows:
"Lands added to the shores by accretions and alluvial deposits caused by the action of the sea, form part of the public domain. When they are no longer washed by the waters of the sea and are not necessary for purposes of public utility, or for the establishment of special industries, or for the coast-guard service, the Government shall declare them to be the property of the owners of the estates adjacent thereto and as increment thereof." 2n the light of the aforecited vintage $ut still valid law, unequivocal is the pu$lic nature of the disputed land in this controversy, the same $eing an accretion on a sea $an= which, for all legal purposes, the foreshore of -anila )ay is. 5s part of the pu$lic domain, the herein disputed land is intended for pu$lic uses, and Aso long as the land in litigation $elongs to the national domain and is reserved for pu$lic uses, it is not capa$le of $eing appropriated $y any private person, eBcept through eBpress authoriation granted in due form $y a competent authority. +nly the eBecutive and possi$ly the legislative departments have the right and the power to ma=e the declaration that the lands so gained $y action of the sea is no longer necessary for purposes of pu$lic utility or for the cause of esta$lishment of special industries or for coast guard services.
