JULIAN SANTULAN VS. EXECUTIVE SECRETARY G.R. No. L-28021 December 15, 1977
Lease of a parcel land in Public domain- Doctrine of Reparian Rights
Facts:
Petitioner Julian Santulan and Antonio Lusin who have been succeeded by their heirs were
rival claimants with respect to the lease of a parcel of foreshore land
of public domain with an area of about 4 ½ hectares located at Barrio
Kaingin, Kawit Cavite. The Petitioner Santulan surveyed the land on
December 5, 1942 and filed an application on Dec. 29, 1942 to lease for
five (5) years for agricultural purposes an area of 36, 120 sq. meters
and including the
application for revocable permit to occupy the said land for planting
of Bakawan which later develop to fishpond seven years later after
acquiring ordinary fishpond permit from BFAR. On the other hand, private respondent Lusin was reported and was being summoned that he was illegally entered the area covered by the petitioners fishpond permit and was refrain from introducing improvements.
However, private respondent Lusin filed applications 1n 1942 and 1945 for
a revocable-permit and a lease of a foreshore for the purpose of
producing salt in the said land. He also contends that he had been in
the continues and exclusive possession of the land since 1920 when it
was still under water, and that he had used it as a site of his fish
corrals, and allegedly converted two (2) hectares into fishpond enclosed
with mud dikes and provided with a concrete sluice gate and another
sluice gate made of wood. On the northern part of the land bordering the
bay were bamboo stakes placed at close intervals to serve as water
breakers to protect the mud dikes from being washed away by the action
of the sea. The private respondent said that he introduced the alleged
improvements from 1951 to 1953. The 1942 foreshore lease applications of
Petitioner Santulan and private respondent Lusin gave rise to Bureau of
Lands Conflict.
Issue:
Whether
or not the continues and exclusive possession of the private respondent
could nullify the petitioner’s preferential right to lease the land by
reason of his riparian rights?
Ruling:
The
Director of Land ruled that the disputed land was subject to “reparian
rights” which may he invoked by petitioner Julian Santulan as owner of
the upland in accordance with section 32 of Lands Administrative Order
No. 7-1. It was found out that the disputed land is foreshore land
covered and uncovered by the flow and ebb of the ordinary tides that is
an extension of Santulan’s Lot No. 986 of the Kawit cadastre, with an
area of 17, 301 square meters, registered in his name in 1937 under
Original Certificate of Title No. 6 which was issued by virtue of a free
patent, and
the said foreshore land was allegedly formed by soil deposits
accumulated by the alluvial action of the sea, and the petitioner was
the first to enter the land and to make dikes thereon.
Private
Respondent Antonio Lusin was found out to be possessor in bad faith,
and latter’s allegation with respect to the possession and improvements
could not nullify the petitioner’s preferential right to lease the land
by reason of his riparian rights. Therefore, the rejection of the
private respondent’s revocable permit and foreshore lease is proper.
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Lands Administrative Order No. 7-1 dated April 30. 1936
32. Preference of the Reparian Owner �
The owner of the property adjoining foreshore lands, marshy lands or
lands covered with water bordering upon shores or banks of navigable
lakes or rivers, shall be given preference to apply for such lands
adjoining his property as may not be needed for the public service,
subject to the laws and regulations governing lands of this nature,
provided that he applies therefore within sixty (60) days from the date
he receives a communication from the Director of Lands advising him of
his preferential right.
“Riparian owner"
embraces not only the owners of lands on the banks of rivers but also
the littoral owners, meaning the owners of lands bordering the shore of
the sea or lake or other tidal waters. The littoral is the coastal
region including both the land along the coast and the water near the
coast or the shore zone between the high and low watermarks.