Haystack: De Buyser v. Director of Lands (GR L-22763, 18 March 1983)

De Buyser v. Director of Lands
[G.R. No. L-22763. March 18, 1983.]
Second Division, Escolin (J): 5 concur, 1 on leave

Facts: De Buyser is the registered owner of Lot 4217 of the Surigao Cadastre, which borders the Surigao Strait. Contiguous to said lot is a parcel of land which was formed by accretion from the sea, the subject-matter of this controversy. Spouses Ignacio and Candida Tandayag have been occupying this foreshore land through a Revocable Permit issued by the Director of Lands. For the use and occupation thereof, said spouses paid the Bureau of Lands the amount of P6.50 annually. They have a house on said lot, which De Buyser alleged had been purchased by the Tandayags from one Francisco Macalinao, a former lessee of the De Buyser.

Claiming ownership of the said land, De Buyser filed an action against the Tandayags in the CFI Surigao to recover possession of this land as well as rents in arrears for a period of 6 years. The complaint was subsequently amended to implead the Director of Land as defendant, allegedly for having illegally issued a revocable permit to the Tandayags. After due trial, the court a quo rendered a decision dismissing the complaint; holding said land in question to be formed along the shore by action of the sea and thus part of public domain, and ordering de Buyser to pay P250.00 to the Tandayags as damages; and to pay the costs as well. From the judgment, de Buyser appealed directly to the Supreme Court on a pure question of law; such being perfected before the effectivity of RA 5440.

The Supreme Court affirmed the decision appealed from; with costs against the plaintiff-appellant.

1. Alluvial formation along seashore is part of public domain
Alluvial formation along the seashore is part of the public domain and, therefore, not open to acquisition by adverse possession by private persons. It is outside the commerce of man, unless otherwise declared by either the executive or legislative branch of the government.

2. Construction of Article 4 of the Spanish Law of Waters (3 August 1866)
Article 4 of the Spanish Law of Waters of 3 August 1866 provides that the “lands added to the shore by accretion 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 coastguard service, the Government shall declare them to be the property of the owners of the estate adjacent thereto and as an increment thereof." The true construction of the provision is that the State shall grant these lands to the adjoining owners only when they are no longer needed for the purposes mentioned therein. In the present case, de Buyser's evidence failed to prove that the land in question is no longer needed by the government, or that the essential conditions for such grant under Article 4 of the Spanish Law of Waters, exists.

3. Revocable Permit application does not relinquished State’s ownership over the land
In approving the Revocable Permit Application of the Tandayags, the Director of Lands did not declare the land as no longer needed for public use. It merely allowed them to continue their temporary occupation and provisional use of the premises under revocable permit renewable every year in the meantime the land is not actually needed by the government for public improvements (Boulevard and seawall protection purposes). It is clear thus that the State never relinquished ownership over the land.

4. Disposition of property of public domain under Bureau of Lands; Failure to submit to its jurisdiction does not entitle one to protection of the courts on the matter of right to foreshore land
The land being property of public dominion, its disposition falls under the exclusive supervision and control of the Bureau of Lands. Under the Public Land Act, an application for the sale or lease of lands enumerated under Section 59 thereof, should be filed with the Bureau of Lands. Like any other private party, one must apply for a permit to use the land. Not having submitted to the jurisdiction of the Bureau of Lands which has administration and control over the area in question, by filing the corresponding application for permit, one has no right whatsoever in the foreshore land as to be entitled to protection in the courts of justice.

5. Occupation or possession of land formed along the shore by action of the sea mere detainer if without authority from the Government to occupy said land
The occupation or possession held, without the records disclosing whether the requisite authorization to occupy the parcel of land formed along the shore by the action of the sea from the Spanish Government of the Philippines, is a mere detainer that can merit from the law no protection such as is afforded only to the person legally in possession (Aldecoa v. Insular Government).

6. Grant of revocable permit allowed by the passing of Act 2570, amending Section 5 of Act 1654
The lease of reclaimed lands and of the foreshore was formerly provided by Act 1654; under which. lands could only be leased in the manner and under the conditions provided by the said law in a manner that no revocable permits were allowed. Act 2570, amended Section 5 of Act 1654 so as to authorize the temporary use of the foreshore under a revocable permit. This measure was apparently deemed necessary as well as expedient in order to legalize the habitual use of the coast and shores of these islands by the people, who had erected thereon light material houses and dwellings, temporary structures used in connection with fishing, salt and other maritime industries, as well as to authorize the provisional occupation and use contemplated by the law providing for its formal lease. Such circumstance evidently prompted the legislature to all the temporary use of the foreshore in this manner by means of revocable permit.

7. Bureau of land acting for and in behalf of Secretary of Agricultural and Natural Resources in granting the revocable permit
The grant of a Revocable Permit for the temporary use and occupation of the disputed land is valid, having been legally issued by the Bureau of Lands, acting for and in behalf of the Secretary (now Minister) of Agriculture and Natural Resources who is empowered to grant revocable permits under Section 68 of the Public Land Act which provides that “the Secretary of Agriculture and Natural Resources may grant to qualified persons temporary permission upon the payment of a reasonable charge, for the use of any portion of the lands covered by this chapter for any lawful private purpose, subject to revocation, at any time when, in his judgment the public interest shall require."

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