Article 502 – Waters of Public Dominion
CASE TITLE FACTS
The Government of the PARTIES
Philippine Islands  Colegio De San Jose owns parcels of land adjacent to
Laguna Lake.
Vs.  Part of the land that they claim to be theirs is
a strip of beside Laguna Lake which is
Colegio De San Jose, et submerged under water during September,
al. October, and November.
 The Insular Government contends that the subject
strip of land belongs to the Philippine Government.
COLEGIO DE SAN JOSE APPLIED FOR THE
REGISTRATION OF TWO PARCELS OF LAND
BESIDE LAGUNA LAKE
 The Court of First Instance of Laguna rendered a
decision ordering the registration of the two parcels
of land.
THE INSULAR GOVERNMENT APPEALED THE
DECISION OF THE COURT OF FIRST INSTANCE TO
THIS COURT
 The Insular Government claimed that the subject
strip of land is of public domain.
 It was averred that the subject strip of land is
part of the bed or shore of Laguna Lake,
being submerged under water during the
months of September, October, and
November.
 Also, the subject strip of land was formerly
under water. The water of Laguna Lake
merely receded greatly on that part.
ISSUE: WON the subject strip of land is of public domain
- NO
RULING/DOCTRINE
In the view of the foregoing considerations, we are of the opinion
and so hold, that the judgment appealed from should be affirmed,
without special pronouncements as to costs. So ordered.
 First, it is important to determine whether Laguna Lake is
actually a Lake or a Lagoon. LAKE. A body of water
formed in depressions of the earth. Ordinarily fresh water,
coming from rivers, brooks, or springs, and connected with
the sea by them.
 Laguna de Bay is a body of water formed in depressions of
the earth; it contains fresh water coming from rivers and
brooks or springs, and is connected with Manila Bay by the
Pasig River. According to the definition just quoted, Laguna
de Bay is a lake.
 Article 407 of the Civil Code says that Lakes and Ponds
formed by nature on public lands, and their channels are of
public ownership. It is now, beyond question that Laguna
Lake is of Public Domain.
 Also, Article 74 of the Law of Waters states that the natural
bed or basin of lakes, ponds, or pools, is the ground covered
by their waters when at their highest ordinary depth.
 The relevant question now is which is the natural bed of
Laguna Lake?
 According to the Dictionary of the Spanish Academy,
ORDINARY means not exceeding the average; common,
natural, occurring always or most of the time; not going
beyond what happens or takes place.
 According to the foregoing definitions of the words
"ordinary" and "extraordinary," the highest depth of the
waters of Laguna de Bay during the dry season is the
ordinary one, and the highest depth they attain during the
rainy season is the extraordinary one.
 On the contention that waters of Laguna Lake receded, Art.
77 of the laws of waters provide that lands accidentally
inundated by the waters of lakes shall continue to be the
property of their respective owners. Art. 367 of the Civil
Code does not apply because it pertains to Lagoons