G.R. No. L-12958; May 30, 1960
FAUSTINO IGNACIO, applicant-appellant, vs. THE DIRECTOR OF LANDS and LAUREANO VALERIANO, oppositors-appellees.

FACTS

Faustino Ignacio appealed the dismissal of his application for land registration by the Court of First Instance of Rizal. He sought to register a 37,877-square-meter mangrove parcel in Barrio Gasac, Navotas, Rizal, claiming ownership by right of accretion. The land adjoined a parcel he acquired via free patent in 1936 and was formed by accretion and alluvial deposits from the action of Manila Bay. Ignacio claimed occupation since 1935, planting api-api trees, and continuous, adverse possession for over twenty years. The Director of Lands opposed, claiming the land as part of the public domain, arguing it was foreshore land covered by tides and that Ignacio had no valid title. Laureano Valeriano also opposed, holding a permit from the Bureau of Fisheries approved by the President. The trial court dismissed the application, ruling the land was public domain.

ISSUE

Whether the parcel of land formed by accretion from Manila Bay belongs to the adjacent private landowner (Ignacio) as his private property or remains part of the public domain.

RULING

The Supreme Court affirmed the trial court’s decision, holding the land forms part of the public domain and is not subject to private appropriation or acquisitive prescription.
1. Inapplicability of River Accretion Law: Article 457 of the New Civil Code (on accretion to riverbanks) does not apply, as the accretion was caused by Manila Bay, not a river.
2. Manila Bay as Part of the Sea: Manila Bay is considered a part of the sea (an arm of the sea). Therefore, the Law of Waters of 1866 governs. Under Article 4 of this law, lands added to shores by accretion from the sea form part of the public domain.
3. No Executive or Legislative Declaration: For such land to become private property, a formal declaration by the executive or legislative department is required, stating it is no longer needed for public utility, special industries, or coastguard service. No such declaration existed here.
4. Acquisitive Prescription Inapplicable: Lands of the public domain are outside the sphere of commerce and not subject to ordinary acquisitive prescription. Ignacio’s possession, however long, cannot convert public land into private property.
5. Estoppel Not Applicable: The Director of Lands is not estopped from claiming the land as public domain.
The Court found no error in the dismissal of Ignacio’s application. Costs were imposed on appellant.