G.R. No.

L-22763, March 18, 1983

BRUNA ARANAS DE BUYSER, plaintiff-appellant,
vs.
DIRECTOR OF LANDS, IGNACIO TANDAYAG and CANDIDA DE TANDAYAG, defendants-appellees.
ESCOLIN, J.:

FACTS:
Plaintiff is the registered owner of a parcel of land which contiguous to it is a parcel of land formed by
accretion from the sea. Defendant spouses have been occupying this foreshore land under a permit
issued by the Director of lands in which payments of rent were made thereon.

Plaintiff filed an action for recovery of possession with the CFI against spouses as well as the rent arrears
for the period of 6 years.

CFI: DISMISSED. Defendants are lawful possessor of the land which is part of the public domain.

ISSUE:
WON the subject land is a property of public domain.

HELD: YES.

An alluvial formation along the seashore is part of the public domain and, therefore, not open to
acquisition by adverse possession by private persons. It is outside the commerce of man, unless
otherwise declared by either the executive or legislative branch of the government (Ignacio v. Dir. of
Lands)

Plaintiff alleged Art. 4 of the Spanish Law of Waters:

Lands added to the shore by accretion and alluvial deposits caused by the action of the sea,
form part of the public domain, when they are no longer washed by the waters of the sea, and
are not necessary for purposes of public utility, or for the establishment of special industries,
or for the coastguard service, the Government shall declare them to be the property of the
owners of the estate adjacent thereto and as an increment thereof.

Interpretation: The State shall grant these lands to the adjoining owners only when they are no longer
needed for the purposes mentioned therein. In the case at bar, there was no such declaration.

The Director’s approval of the revocable permit application is not tantamount to an implied declaration
that subject land is no longer needed for public use.

Since it is part of the public dominion, its disposition falls under the control of Bureau of Lands. To
acquire legal possession, spouses correctly filed an application, while the plaintiff did not.

Revocable permit (VALID) – to legalize the habitual use of the coast and shores of these islands by the
people, who had erected thereon light material houses and dwellings, temporary structures used in
connection with fishing and other maritime industries, as well as to authorize the provisional occupation
and use contemplated by the law providing for its format lease.

CA decision – AFFIRMED.