Ignacio v.

Director of Lands, 121 SCRA 13

Applicant/Appellant: Faustino Ignacio

Oppositors/Appellees: Director of Lands and Lureano Valeriano

Doctrine/s:

1) Land formed by the action of the sea is property of the state; Francisco vs. Government of the
P.I., 28 Phil., 505, involving a land claimed by a private person and subject to the ebb and <ow of
the tides of the Manila Bay.
2) Until a formal declaration on the part of the Government, through the executive department
or the legislature, to the effect that land is no longer needed for coast guard service, for public
use or for special industries, they continue to be part of the public domain; not available for
private appropriation or ownership.

Facts:
This is an appeal from the decision of CFI of Rizal upon the dismissal of Faustino’s application for the
registration of a land (mangrove) situated in Navotas, Rizal. Faustino alleged that he acquired such land
by right of accretion since it is adjacent to his land. Faustino also contended that the land having been
formed by gradual deposit by action of the Manila Bay, the provision of the New Civil Code prevails
providing “To the owners of lands adjoining the banks of rivers belong the accretion which they gradually
receive from the effects of the current of the waters”. Faustino also contended that the Law of Waters are
not applicable because they refer to the accretions formed by the sea, and that Manila Bay cannot be
considered as a sea.

Faustino’s application was opposed by the Director of Lands with the contention that said land forms part
of the public domain. Trial Court dismissed the application holding that said land formed part of the public
domain. Hence this appeal.

Issue:
Whether or not the land in question forms part of the public domain. YES

Held:
The contention of Faustino that the land be subject to the NCC provision is untenable. The land in
question is not considered as banks of rivers, instead, this refers to the action in the Manila bay, held to
be a part of the sea.

The general rule, as the Law of Waters provide, lands added to shores by accretions caused by actions of
the sea form part of the pubic domain. Except, 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.