GR L 14151; (April, 1960) (Digest)
G.R. No. L-14151; April 28, 1960
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. ENCARNACION JACOBO, defendant-appellee.
FACTS
The case originated from an information filed in the Justice of the Peace Court of Guiguinto, Bulacan, charging Encarnacion Jacobo with violating an order from the Secretary of Public Works and Communications. The order directed her to remove obstructions she had placed in the bed of Sapang Cabay and to restore the stream to its original condition. The justice of the peace court found her guilty and imposed a fine. On appeal to the Court of First Instance, a new information was filed by the provincial fiscal. The defendant filed a motion to quash. The trial court granted the motion and dismissed the case. It noted that the prosecution conceded the defendant had applied for and was granted a free patent, and Original Certificate of Title No. P-134 was issued in her favor by the President of the Philippines on December 29, 1953, registered on February 4, 1954. The court reasoned that during the alleged violation period (December 17, 1955, to July 1956), she was the absolute owner of the property, which was no longer public land but private property. The Solicitor General appealed this order of dismissal.
ISSUE
Whether the Court of First Instance correctly granted the motion to quash the information charging the defendant with violating an order to remove obstructions from Sapang Cabay, given that she held a Torrens title to the land.
RULING
Yes, the order of dismissal is affirmed. The Supreme Court found that the information contained no allegation that Sapang Cabay is a public stream or river within the meaning of Article 420 of the Civil Code; its name suggests it is merely a creek. The Solicitor General’s argument assumed it was a public stream, but this was not alleged in the information nor admitted in the motion to quash. Furthermore, even assuming the defendant had included a public stream or appropriated public waters in violation of the law, her possession of a Torrens title to the property precludes a finding of malice or bad faith on her part. Liability for maintaining the obstruction would only arise after a judicial declaration that Sapang Cabay is a public stream or that the portion occupied by her gates is excluded from her title. Therefore, the dismissal of the information was proper.