CELESTIAL V.

CACHOPERO
G.R. No. 142595 October 15, 2003

FACTS: Respondent, the bother of petitioner were both claiming ownership and
possession over the same piece of land which was a dried-up creek as respondent was
trying to obtain Miscellaneous Sales Application (MSA) with the Bureau of Lands. In
the ocular inspection, it was verified that the land in dispute was formerly a part of the
Salumayan Creek that became dry as a result of the construction of an irrigation canal
by National Irrigation Administration. Hence, the land was declared as outside the
commerce of man and therefore, not susceptible of private acquisition under the
provision of Public Land Act.

ISSUE: Whether or not the land in question owned by one of the parties when it is
classified as outside the commerce of man

RULING: Since property of public dominion is outside the commerce of man and not
susceptible to private appropriation and acquisitive prescription. A creek, like the
Salunayan Creek, is a recess or arm extending from a river and participating in the ebb
and flow of the sea. As such, under Articles 420(1) and 502(1) of the Civil Code, the
Salunayan Creek, including its natural bed, is property of the public domain which is
not susceptible to private appropriation and acquisitive prescription. And, absent any
declaration by the government, that a portion of the creek has dried-up does not, by
itself, alter its inalienable character.

C2F131Salo