Republic v.

Vda de Castillo
GR L-69002, February 30, 1988

Principle:
Property of public dominion being outside of the commerce of men, could not be
subject to registration and they could not be acquired by prescription.

Facts:
The late Modesto Castillo applied for registration of two parcels of land in
Batangas, in a decision of the court, he was declared the true and absolute owner and
OCT was issued to him. After his death, Amanda Vda. de Castillo they executed
partition and issued TCTs of the subdivided property. The Republic filed a case for
annulment of said certificates of title and for the reversion of the lands covered by the
State. It was alleged that said land had always formed part of Taal Lake and that
washed and inundated waters thereof and being of public ownership could not be the
subject of registration. Defendants allege estoppel and res judicata.

Issue:
Whether the government is barred by res judicata and its action has already
prescribed.

Ruling:
No. Shores are properties of the public domain intended for public use. Thus, it
has long been settled that portions of the foreshore or of the territorial waters and
beaches could not be registered. Their inclusion in a certificate of title did not convert
the same into properties of private ownership or confer title upon the registrant. The
property in controversy were not subject of registration being outside commerce of
men. Prescription does not lie because mere possession of land does not divest the land of
its public character.