If the lot in question was formed as a result of the construction by the Government of a breakwater fronting the place, then the applicable law is article 5 of the Law of Waters of 1866, reading: "Lands reclaimed from the sea in consequence of works constructed by the State, or by the provinces, pueblos, or private persons, with proper permission, shall become the property of the party constructing such works, unless otherwise provided by the terms of the grant of authority," and the doctrine laid down by this Court in Government of the Philippine Islands vs. Cabañgis, supra, containing the following conclusion:
In conclusion, then we hold that the lots in question having disappeared on account of the gradual erosion due to the ebb and flow of the tide, and having remained in such a state until they were reclaimed from the sea by the filling in done by the Government, they are public land (Aragon vs. Insular Government, 19, Phil., 223; Francisco vs. Government of the Philippine Islands, 28 Phil., 505).
If, as contended by the petitioner, said lot was formed by accession in the manner provided in article 4 of the same Law of Waters of 1866, the Government may only declare it property of the adjoining owners and as an increment thereto when it is no longer washed by the water of the sea and when it is no longer necessary for public use. It appears that the sea washes the lot in question and that the City of Iloilo needs it for the improvement of the said city by the construction thereon of an avenue for public use.
MELCHOR LAMPREA, petitioner, vs.THE DIRECTOR OF LANDS, ET AL., respondents.G.R. No. L-45721 April 18, 1939
No comments:
Post a Comment