G.R. No. 28379, March 27, 1929
GOVERNMENT OF THE PHILIPPINE ISLANDS, applicant-appellant, vs. CONSORCIA CABANGIS, ET AL., claimants-appellees.

FACTS

The claimants-appellees, the Cabangis siblings, sought registration of Lots 36, 39, and 40 in Manila, claiming they formed part of a larger parcel inherited from their predecessors. The lots were originally part of dry land but began eroding due to wave action from Manila Bay in 1896. By 1901, they were completely submerged during ordinary tides and remained underwater until 1912. That year, the government dredged the Vitas Estuary and deposited dredged materials, gradually reclaiming the lots. The claimants asserted ownership, citing their predecessor’s possession and permission given to fishermen to use the reclaimed land. The government opposed, arguing the lots became public domain after submersion and were reclaimed through state works.

ISSUE

Who owns the reclaimed Lots 36, 39, and 40the claimants as original owners or the government as public land?

RULING

The lots belong to the government as public land. Under Article 339 of the Civil Code and the Law of Waters of 1866, land permanently invaded by the sea becomes part of the public domain. The lots were gradually eroded by tidal action from 1896 to 1901, fully submerged until 1912, and reclaimed only due to government dredging. The claimants’ failure to protect the land from erosion constituted abandonment. Article 5 of the Law of Waters states that lands reclaimed from the sea through state works belong to the state. The claimants’ subsequent use of the reclaimed lots did not confer ownership, as public land can only be acquired through legal means. The trial court’s judgment was reversed, and the lots were declared public land under government administration.