Almagro v. Kwan G.R. No. 175806, October 20, 2010
PONENTE CARPIO, J.
FACTS
This case involves a 17,181 square meter land which is known as Lot No. 6278-M located at Maslog, Sibulan, Negros Oriental and inherited by respondents from their parents who died in 1976 and 1986respectively. 1986respectively. On September 18, 1996, respondents filed with the MTC an action for recovery of possession and damages against petitioners as well as those who are occupants within the boundary of the land in controversy. During the pre-trial, the Court and the parties designated geodetic engineer Suasin to perform the task of verification and relocation survey of said lot and which was accordingly executed on September 12-13, 2000. In the written report of Engr. Suasin, it contained, inter alia, that the big portion of the lot is submerged under the sea and a small portion remain as dry land, and that some of the defendants have constructed buildings or houses inside the dry land. In the Court’s judgment dated May 11, 2001, the MTC dismissed the complaint on the ground that the remaining dry portion of Lot No. 6278-M has become foreshore land and should be returned to the public domain. Respondents appealed to the RTC, which subsequently concluded upon conducting two ocular inspections, inspections, that the disputed remaining portion is not foreshore land because it remained dry even during high tides. Petitioners moved for reconsideration, but were denied. They also filed separate petitions for review withthe Court of Appeals. ISSUE
Whether or not the disputed portion of Lot No. 6278-M is still private land or has become foreshore land which forms part of the public domain, as contended by petitioners
Nikki G. Estores
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HELD
The SC held that the disputed portion is private land and is rightfully owned by respondents, in contravention to the claim of petitioners that is has become foreshore land and therefore owned by the public domain, and that they have foreshore lease permits from the DENR on claimed foreshore land, albeit failing to present evidence to prove validity of such claim.
Nikki G. Estores
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