1. Government v.

Cabangis MLD
G.R. No. 28379. March 27, 1929
VILLA-REAL, J.:

*digest is from tolentino but will make my own during the weekend sorry
Blurb:

Topic: Effect and significance of classification of property as property of public dominion

Doctrine:

SuperSummary:

Facts:
- The lots in question in this case formerly formed part of a large tract of land belonging to the
predecessor of the claimant Cabangis.
- From the year 1896, said land began to wear away, due to the action of waves of Manila
Bay, until 1901, when the said lots became completely submerged in water in ordinary tides,
and remained in such state until 1912, when the government undertook the dredging of Vitas
Estuary in order to facilitate navigation, depositing all the sand and silt taken from the bed of
the estuary on the lands covered by the water, thereby slowly and gradually forming again
the lots which had been previously submerged. Cabangis immediately took possession of
the reclaimed land.

Issues:
To whom do these lots belong?

Ruling:
In case of gradual encroachment or erosion by the ebb and flow of the tide, private property may
become property of the public domain, where it appears that the owner has to all intents and
purposes abandoned it and permitted it to be destroyed, so as to become part of the shore,
roadstead, or the like. It is a de facto case of eminent domain not subject to indemnity. And when
they remain in that condition until they are reclaimed from the sea by filling in done by the
government, they continue to be property of the public domain after reclaiming. The fact that
Cabangis immediately took possession of the property after reclaiming, does not confer on him or
his successors the ownership of the said lots, because as they were converted into property of the
public domain, no private person could acquire title thereto except in the form and manner
established by law.

Disposition: