Title
Almagro vs. Kwan
Case
G.R. No. 175806 175810
Decision Date
Oct 20, 2010
Respondents inherited Lot No. 6278-M; petitioners built structures on it. SC ruled the land remains private, not foreshore, affirming CA's order to vacate and remove structures.
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Case Digest (G.R. No. 175806 175810)

Facts:

Ownership and Inheritance

  • Lot No. 6278-M, a 17,181 square meter parcel of land located in Maslog, Sibulan, Negros Oriental, is covered by TCT No. T-11397 and registered in the name of spouses Kwan Chin and Zosima Sarana.
  • Upon the death of Kwan Chin (2 November 1986) and Zosima Sarana (23 January 1976), their legitimate children (respondents) inherited the property through hereditary succession.

Legal Action

  • On 18 September 1996, respondents filed a complaint for recovery of possession and damages against several individuals (petitioners) who had constructed houses or buildings on the property.
  • Spouses Manuel and Elizabeth Almagro intervened as successors-in-interest of spouses Delano and Maria Bangay.

Survey and Findings

  • The parties agreed to refer the case to Geodetic Engineer Jorge Suasin, Sr. for a verification and relocation survey of Lot No. 6278-M.
  • Engr. Suasin’s report revealed:
    • A large portion of the lot is submerged under the sea, with only a small portion remaining as dry land.
    • Some petitioners had constructed buildings or houses inside the dry land, while others had structures partially or entirely outside the dry land.

MTC Ruling

  • The Municipal Trial Court (MTC) dismissed the complaint, ruling that the remaining dry portion of Lot No. 6278-M had become foreshore land and should be returned to the public domain.

RTC Ruling

  • The Regional Trial Court (RTC) reversed the MTC decision, finding that the disputed portion of Lot No. 6278-M was not foreshore land. The RTC observed that the dry land remained dry even during high tide.
  • The RTC ordered the case remanded to the MTC to determine which petitioners were builders in good faith.

Court of Appeals Ruling

  • The Court of Appeals affirmed the RTC decision with modification, ordering specific petitioners to vacate the premises and remove their structures within 30 days from the finality of the judgment.

Issue:

  1. Whether the disputed portion of Lot No. 6278-M is still private land or has become foreshore land, which forms part of the public domain.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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