Haystack: Ignacio v. Director of Lands (GR L-12958, 30 May 1960)

Ignacio v. Director of Lands
[G.R. No. L-12958. May 30, 1960.]
First Division, Montemayor (J): 8 concur

Facts: Faustino Ignacio, on 25 January 1950, filed an application for the registration of a parcel of land (mangrove), adjoining a parcel of land that Ignacio has previously acquired from the Government by virtue of a free patent title in 1936, situated in barrio Gasac, Navotas, Rizal, with an area of 37,877 sq.m.. Later, he amended his application by alleging among others that he owned the parcel applied for by right of accretion; the parcel being formed by accretion and alluvial deposits caused by the action of the Manila Bay which borders it on the sourtwest. He also claims that he had occupied the land since 1935, planting it with api-api trees, and that his possession has been continuous, adverse and public for a period of 20 years until said possession was disturbed by Valeriano. To the application, the Director of Lands, Laureano Valeriano and Domingo Gutierrez filed oppositions. Gutierrez later withdrew his opposition. The Director of Lands claimed the parcel applied for as a portion of the public domain, being a foreshore land covered by the ebb and flow of the tide. In his turn, Valeriano alleged that he was holding the land by virtue of a permit granted him by the Bureau of Fisheries, issued on 13 January 1947, and approved by the President. After hearing, the CFI Rizal dismissed Ignacio’s application for the registration of the parcel of land, holding it to form part of the public domain.

The Supreme Court affirmed the appealed decision, with costs.

1. Article 457 NCC does not apply as it covers accretion on banks of rivers
Article 457 of the New Civil Code (Article 366, Old Civil Code), which provides that "to the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters." This is inapplicable as it refers to accretion or deposits on the banks of rivers, while the accretion in the present case was caused by action of the Manila Bay.

2. Article 1, 4 and 5 of the Law of Waters apply (accretion formed by the sea) as bay is part of the sea
Articles 1, 4 and 5 of the Law of Waters are applicable, referring to accretions formed by the sea. Manila Bay is a part of the sea, being a mere indentation of the same. As defined, bay is an opening into the land where the water is shut in on all sides except at the entrance; an inlet of the sea; an arm of the sea, distinct from a river, a bending or curbing of the shore of the sea or of a lake.

3. Application of Law of Waters on lands bordering Manila Bay; cases
The Supreme Court has in some cases applied the Law of Waters on Lands bordering Manila Bay; such as the cases of Ker & Co. vs. Cauden, 6 Phil., 732, involving a parcel of land bounded on the sides by Manila Bay, where it was held that such land formed by the action of the sea is property of the State; Francisco vs. Government of P.I., 28 Phil., 505, involving a land claimed by a private person and subject to the ebb and flow of the tides of the Manila Bay.

4. Interpretation of Article 4 of the Law of Waters of 1866; Declaration that land is not necessary for purposes of public utility, etc., lies with the executive and possibly the legislative departments
Article 4 of the Law of Waters of 1866 provides that when a portion of the shore is no longer washed by the waters of the sea and is not necessary for purposes of public utility, or for the establishment of special industries, or for coastguard service, the government shall declare it to be the property of the owners of the estates adjacent thereto and as an increment thereof. We believe that only the executive and possibly the legislative departments have the authority and the power to make the declaration that any land so gained by the sea, is not necessary for purposes of public utility, or for the establishment of special industries, or for coast-guard service. If no such declaration has been made by said departments, the lot in question forms part of the public domain." (Natividad vs. Director of Lands [CA], 37 OG 2905)

5. Court are not in position to determine if land are used as specified in Article 4 of the Law of Waters
The courts are neither primarily called upon, nor indeed in a position to determine whether any public land are to be used for the purposes specified in Article 4 of the Law of Waters (Vicente Joven y Monteverde v. Director of Lands (93 Phil. 134).

6. Public domain not subject to ordinary prescription
Land of the public domain is not subject to ordinary prescription. "The occupation or material possession of any land formed upon the shore by accretion, without previous permission from the proper authorities, although the occupant may have held the same as owner for seventeen years and constructed a wharf on the land, is illegal and is a mere detainer, inasmuch as such land is outside of the sphere of commerce; it pertains to the national domain; it is intended for public uses and for the benefit of those who live nearby. (Insular Government vs. Aldecoa & Co., 19 Phil., 505)

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