Republic vs.

Court of Appeals
Republic of the Philippines vs. Court of Appeals
G.R. No. 100709. November 14, 1997.
Panganiban, J.
Doctrine: When the sea moved towards the estate and the tide invaded it, the invaded property became
foreshore land and passed the realm of the public domain and accordingly cannot be a subject of a free patent.
Facts: Josefina Morato, private respondent, applied sometime in 1972 a free patent on a parcel of land situated
at Pinagtalleran, Calauag, Quezon. On January 16, 1974, the patent was approved and the Register of Deeds
issued an Original Certificate of Title in favor of Morato on February 4, 1974. Both the free patent and the title
specifically required that the land shall not be alienated or encumbered within five years from the date of the
issuance of the patent. Upon reports that Morato encumbered the said land, violating the 5-year prohibition of
the patent, the District Land Officer in Lucena City conducted an investigation. The officer found out that
Morato mortgaged the said property to Nenita Co and Antonio Quilatan on October 24, 1974, who subsequently
built a house on it. Two years later, or on February 2, 1976, part of the property was also leased by Morato to
Perfecto Advincula where a warehouse was thereafter constructed. Moreover it was found out that the said
property was a portion of the Calauag Bay, five to six feet deep under water during high tide and two feet deep
at low tide, and not suitable to vegetation. Petitioner then filed a complaint for the cancellation of the title and
reversion of the parcel of land to the public domain on the grounds that the land is a foreshore land and was
mortgaged and leased within the five-year prohibitory period. The lower court dismissed the complaint ruling
that there was no violation of the five-year ban since Morato did not encumber nor alienate the land as it was
merely leased, and the mortgage the latter entered into with Nenita Co and Antonio Quilatan covered only the
improvement and not the land itself. Upon appeal, CA affirmed in toto the courts decision. Hence, this petition.
Issue: Whether the questioned land is a foreshore land and thus must be reverted to the public domain.
Held: Yes. The Supreme Court defined a foreshore land as that parcel of land which is between high and low
water and left dry by the flux and reflux of the tides; it is that strip of land that lies between the high and low
water marks and that is alternatively wet and dry according to the flow of the tide. From the factual findings of
the lower court, it was found out that years before the issuance of the free patent to private respondent, the
questioned land was subjected to several natural calamities like earthquakes and typhoons that caused severe
erosion of the land. Then private respondent introduced improvements and developments to the land. At the
time then of the issuance of free patent of land to Morato, it was not covered by water but due to the gradual
sinking of the land caused by natural calamities, the sea advances had permanently invaded a portion of subject
land. During high tide, at least half of the land is 6 feet deep under water and three feet deep during low tide.
The Calauag Bay has extended up to a portion of the land. Thus, uncontestedly, the land has become a foreshore
land and is now a part of the public domain pursuant to Article 420 of the New Civil Code being part of the
shores defined therein. Accordingly, it cannot be disposed of by the government and appropriated by a private
individual, i.e. be a subject of a free patent.