108 SCRA 335


Faustino Ignacio filed an application to register a parcel of land (mangrove) which he alleged he acquired by right of accretion since it adjoins a parcel of land owned by the Ignacio. His application is opposed by the Director of Lands, Laureano Valeriano, contending that said land forms part of the public domain. The Trial Court dismissed the application holding that said land formed part of the public domain. Thus the case at bar.


Whether or not the land forms part of the public domain


1. The law on accretion cited by Ignacio in inapplicable in the present case because it refers to accretion or deposits on the banks of rivers while this refers to action in the Manila Bay, which is held to be part of the sea

2. Although it is provided for by the Law of Waters that lands added to shores by accretions caused by actions of the sea form part of the pubic domain when they are no longer necessary for purposes of public utility, only the executive and the legislative departments have the authority and the power to make the declaration that any said land is no longer necessary for public use. Until such declaration is made by said departments, the lot in question forms part of the public domain, not available for private appropriation or ownership.