GR L 66575; (September, 1986) (Digest)
G.R. No. L-66575. September 30, 1986.
ADRIANO MANECLANG, et al., petitioners, vs. THE INTERMEDIATE APPELLATE COURT and ALFREDO MAZA, et al., respondents.
FACTS
Petitioners Adriano Maneclang, et al., filed a complaint for quieting of title over a fishpond located within their titled parcels of land in Bugallon, Pangasinan, and for the annulment of two municipal council resolutions. The trial court dismissed the complaint, finding the body of water in question to be a creek, a tributary of the Agno River, and therefore public in nature and not subject to private appropriation. It also held that the challenged resolutions, which ordered an inspection of the creek and authorized public bidding for its lease, were validly passed in the exercise of legislative powers. The Intermediate Appellate Court affirmed this decision.
During the Supreme Court proceedings, the parties submitted a Compromise Agreement. They sought recognition of petitioners’ ownership, arguing that the construction of a dike by the National Irrigation Administration (NIA) had prevented water from flowing in or out, and that pursuing the case was no longer beneficial to the parties.
ISSUE
Whether the Compromise Agreement, which would adjudicate ownership of the disputed fishpond to the petitioners, is valid and enforceable.
RULING
No, the Compromise Agreement is null and void. The Supreme Court upheld the factual finding of the lower courts that the subject body of water was originally a creek, a tributary of the Agno River. Under settled jurisprudence, a creek is a property of the public domain, not susceptible to private appropriation or acquisitive prescription. As a public water, it cannot be registered under the Torrens System.
The Court ruled that neither the NIA’s construction of dikes, which altered water flow, nor the conversion of the creek into a fishpond, changed its inherent character as public dominion. The nature of the property is determined by law, not by subsequent alterations. Therefore, any agreement purporting to transfer ownership of such public property to private individuals is contrary to law and public policy. The Municipality of Bugallon, through its council, acted within its authority in managing this municipal water via the resolutions. The petition was dismissed for lack of merit, and the Compromise Agreement was set aside.