MEMO

Date : 10 January 2013

Query : Does Titled Land Eroded by the Sea Revert to Public Domain

A titled land that is eroded by action of the sea will become part of the foreshore
land, thereby reverting back to its status as part of public domain.

Art. 420 of the Civil Code provides:

Art. 420. The following things are property of public dominion:

(1) Those intended for public use, such as roads, canals, rivers,
torrents, ports and bridges constructed by the State, banks, shores,
roadsteads, and others of similar character; x x x

When the sea moved towards the estate and the tide invaded it, the invaded
property became foreshore land and passed to the realm of the public domain 1. In a
similar case the Court said that it has no jurisdiction to award foreshore land2.

In the case of Government v. Cabangis3 the Court ruled that land that was
privately owned but submerged by sea water becomes part of public domain and does
not become private again even if the same is reclaimed. The Court however said that
the landowners could protect their land with the permission of competent authority by
building a retaining wall4.

1
Republic v. Court of Appeals, G.R. No. 100709 [14 November 1997]).
2
Republic v. Lozada, 90 SCRA 503 (1979).
3
53 Phil. 112 (1929)
4
id.