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Tiongco vs. Director of Lands

The Director of Lands objected to Tiongco's application for registration of title over a parcel of land, claiming it was part of the foreshore lands. The trial court adjudicated the land to Lanzar, finding it was not necessary for public utility or special industries. However, the court held that the trial court erred in its decision. Lands added to the shore by accretion and alluvial deposits caused by the sea form part of the public domain and cannot be acquired by prescription. Since the subject land was the direct result of dumping by a lumber company, it was deemed a man-made accretion and part of the public domain.

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172 views1 page

Tiongco vs. Director of Lands

The Director of Lands objected to Tiongco's application for registration of title over a parcel of land, claiming it was part of the foreshore lands. The trial court adjudicated the land to Lanzar, finding it was not necessary for public utility or special industries. However, the court held that the trial court erred in its decision. Lands added to the shore by accretion and alluvial deposits caused by the sea form part of the public domain and cannot be acquired by prescription. Since the subject land was the direct result of dumping by a lumber company, it was deemed a man-made accretion and part of the public domain.

Uploaded by

Lester
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
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Tiongco V.

DIRECTOR OF LANDS

FACTS:
Tiongco filed for application for registration of title over a parcel of land, to
which the Director of Lands objected to as the land in question, according
to him, was part of the foreshore lands. The trial court adju
dicated the land to Lanzar as the said land wasnt necessary
for public utility or establishment of special industries.

ISSUE:
Whether or not the trial court erred in its decision.

HELD: Yes, lands added to the shore by accretion and alluvial deposits
caused by the action of the sea, form part of the public domain; it cannot be
appropriated nor can it be acquired by prescription. When they are no
longer washed by the water of the sea and are not necessary for purposes of
public utility, or for the establishment of special industries, or for coastguard
services, then the Government shall declare them to be property of the
owners of the estate adjacent thereto and as increment thereof.

Thus, in Tiongco v. Director of Lands, et al., where the land was


not formed solely by the natural eect of the water current of the
river bordering said land but is also the consequence of the
direct and deliberate intervention of man, it was deemed a man-
made accretion and, as such, part of the public domain. In the
present case, the subject land was the direct result of the
dumping of sawdust by the Sun Valley Lumber Co. consequent
to its sawmill operations. As the accretion site was the result of
the late Antonio Nazarenos labor consisting in the dumping of
boulders, soil and other lling materials into the Balacanas
Creek and Cagayan River bounding his land, the same would
still be part of the public domain

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