Beruflich Dokumente
Kultur Dokumente
IAC
G.R. No. 681166
FACTS:
Sinforoso Pascual sits in the midst of a land registration case. The
story begins on 1946 upon his desire to register land on the northern
section of his existing property. His current registered property is bounded
on the east by Talisay River, on the West by Bulacan River and on the
North by the Manila bay. Both rivers flow towards the Manila Bay. Because
of constantly flowing water, extra land of about 17hectares (thats about the
size of Disney Park!) formed in the northern most section of the property. It
is this property he sought to register.
The RTC denied the registration claiming this to be foreshore land
and part of public domain (remember, accretion formedby the sea is public
dominion). His Motion for Reconsideration likewise burned. In 1960, he
attempted registry again, claiming that the Talisay and Bulacan rivers
deposited more silt resulting on accretion. He claimed this land as riprarian
owner. The Director of Lands, Director of Forestry and the Fiscal opposed.
Then a new party surfaced. Mr Emiliano Navarro jumped into the fray
opposing the same application, stating the he leased part of the property
sought to be registered. He sought to protect his fishpond that rested on
the same property. Sinforoso was not amused and filed ejectment against
Mr. Navarro, claiming that Navarro used stealth force and strategy to
occupy a portion of his land. Pascual lost the case against Navarro so he
appealed. During the appeal, his original land registration case was
consolidated and tried jointly. (alas Pascual died) The heirs of Pascual took
over the case.
On 1975, the court decided that the property was foreshore land and
therefore part of public domain. The RTC dismissed the complaint of
Pascual for ejectment against Navarro and also denied his land registration
request. Pascuals heirs appealed and the RTC was reversed by the IAC.
The Apellate court granted petition for registration! The reason? The
accretion was caused by the two rivers, not manila bay. Hence it wasnt
foreshore land. (BUT the confusion lies in the fact that the accretion formed
adjacent to Manila Bay which is sea!) Aggrieved, the Director of Forestry
moved for reconsideration (Government insists it is foreshore and hence,
public domain). The Apellate court denied all motions of the Director and
the Government.
The matter went to the SC.
ISSUE:
Whether or not the accretion taking place on property adjacent to the
sea can be registered under the Torrens system.
HELD:
It cannot be registered. This is land of Public domain. Pascual claimed
ownership under Article 457 of the Civil Code saying that the disputed 14hectare land is an accretion caused by the joint action of the Talisay and