GR L 45721; (April, 1939) (Digest)
G.R. No. L-45721; April 18, 1939
MELCHOR LAMPREA, petitioner, vs. THE DIRECTOR OF LANDS, ET AL., respondents.
FACTS
Petitioner Melchor Lamprea applied for registration of a lot adjacent to his property, claiming it was formed by accesion (accretion) from the sea. The Court of First Instance of Iloilo granted his application. The Court of Appeals reversed, finding that the lot was actually formed as a result of the government’s construction of a breakwater fronting the area, which caused the land to accumulate. The lot is still washed by the sea and is needed by the City of Iloilo for the construction of a public avenue.
ISSUE
Whether the lot in question belongs to the petitioner as an accretion to his property or belongs to the Philippine Government as land reclaimed from the sea due to a government-built structure.
RULING
The lot belongs to the Philippine Government. The Court affirmed the decision of the Court of Appeals. The formation of the lot was a direct result of the government-constructed breakwater, making it a reclamation under Article 5 of the Law of Waters of 1866, which vests ownership in the party constructing the works (here, the State). Even if viewed as an accesion under Article 4 of the same law, the government is not obligated to declare it property of the adjoining owner because the land is still washed by the sea and is needed for public use (construction of an avenue). The Court of Appeals did not commit an error of law.
AI Generated by Armztrong.