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.

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 Courts 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, 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

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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 Page 2 of 2