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CAGAMPANG vs.

MORANO
G.R. No. L-25738; March 14, 1968
Reyes, J.B.L., J

FACTS:

Silverio Cagampang filed a forcible entry and detainer suit against Flaviano Morano for the recovery of a
parcel of land adjoining the sea. Cagampang claimed to have been in possession of the land for over 80
years, and that in 1960, Morano was able to occupy the lot through strategy and stealth.

In his defense, Morano claimed a right to occupancy by virtue of a foreshore "grant from proper
authorities.

At the pre-trial in the CFI, the parties agreed that should the lot be reached by the ordinary highest tide,
then Cagampang shall concede that the lot rightfully belongs to the Morano and will relinquish any of his
claim and interest in the same. Otherwise, Morano shall relinquish his claim.

CFI Findings:
Cagampang made no improvements while Morano had actual possession and
constructions on the land.
The lot was not reached by the highest ordinary tide. It can only be reached by the
highest tide during the months when the highest tide of the year will occur.
The lot was public land, covered by a "Revocable Permit" based upon an "Application for
Foreshore Lease" in favor of Morano.
Judgment: in favor of Morano

ISSUE:

Whether or not the land is public property.

HELD:

Yes, the land is public property.

As the lot was covered by the highest tides from May to July, and there is no showing that these tides are
due to abnormal conditions, the land is obviously part of the shore and public property.

Under Article 1 of the Spanish Law on Waters, shores shall be part of the national domain open to public
use. The Shores. By shore is understood that space covered and uncovered by the movement of the
tide. Its interior or terrestrial limit is the line reached by the highest equinoctial tides. Where the tides are
not appreciable, the shore begins on the land side at the line reached by the sea during ordinary storms
and tempests."

By Article 420 of the Civil Code of the Philippines, shores are declared property of the public domain.

Hence, legal possession thereof appertains to the national government or its grantees. Morano, being
such a grantee, has the superior right to possession as against the plaintiff who exhibited no State grant.

Judgment: CFI decision affirmed.