Usero v CA Digest

G.R. No. 152115, 26 January 2005

Property Law

Facts: This is a consolidated petition assailing the decision of the Court of Appeals (CA). Petitioners
and the private respondent are registered owners of neighboring parcels of land wherein between
the lots is a low-level strip of land with stagnant body of water. Whenever there is a storm or heavy
rain, the water therein would flood thereby causing damage to houses of the Polinars prompting
them to build a concrete wall on the bank of the strip of land about 3meters from their house and
riprapped the soil in that portion.

The Useros claimed ownership of the strip, demanded the halt of the construction but the Polinars
never heeded believing that the strip is part of a creek. However, the Polinars offered to pay for the
land. As the parties still failed to settle, both filed separate complaints for forcible entry. The
Municipal Trial Court ruled in favor of the petitioner, while the regional trial court reversed and
ordered the dismissal of the complaint and confirmed the existence of the creek between the lots.

Issue: Whether or not the disputed strip of land is part of the creek hence part of public
domain

Held: YES. Art. 420 of the Philippine New Civil Code (NCC) provides for properties which are part of
public domain. A creek is included in the phrase "and others of similar character". A creek, which
refers to a recess or arm of a river is a property belonging to the public domain, therefore not
susceptible of private ownership. Being a public water, it cannot be registered under the Torrens
system under the name of any individual.