REPUBLIC V. COURT OF APPEALS
281 SCRA 639
Morato has filed for patent over a parcel of land, of which was granted under the condition that he would not encumber it for a period of 5 years from issuance of patent. It was then found out that he mortgaged and leased the lots. The government sought for the revocation of the patent
issued. The trial court and appellate court decided in favor of the respondents.
Foreshore lands have been defined to be that part of the land which is between the high and low water and left dry by the flux and reflux of the tides. This is the strip of land that lies between the high and low watermarks and that is alternatively wet and dry according to the flow of the tide.
Foreshore lands may not anymore be the subject of issuance of free patents. Under property of public ownership or dominion are foreshore lands, as provided for in the Civil Code.
It is to be noted that when the sea moved towards the estate and the tide invaded it, the invaded property became foreshore land and passed to the realm of public domain.