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.
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