The Insular Government vs. Aldecoa & Co.

G.R. No. 6098, August 12, 1911

19 Phil. 505
Facts: Aldecoa & Co., operating a mercantile co-partnership company, has been occupying on
two adjoining parcels of land which, during the extraordinary high tides, is usually covered by
sea water that would extend to the other side of the said avenue at the ordinary low tides, and
constructed on the land a wharf, located along the railroad, and built warehouses of light material
for the storage of coal since 1889. The Attorney-General, on April 20, 1907 filed a written
complaint stating that the company has no title or right to two adjoining parcels of land, which
belongs to the domain of the Government of the United States and were placed under the
administration and control of the Government of these Islands.
Issue: Whether or not the parcels of land are of public domain for purposes of public utility.
Held: Yes, the land produced by the action of the sea is of public ownership and cannot therefore
be acquired by any private person or entity inasmuch as same belongs to the State. Furthermore,
the company did not ask the Government a permission to set up the wall.