Title
Maneclang vs. Intermediate Appellate Court
Case
G.R. No. 66575
Decision Date
May 24, 1988
A family's claim of ownership over a fishpond is dismissed by the court, which upholds that the body of water is a public creek and cannot be subject to private appropriation, declaring a Compromise Agreement recognizing the family as owners null and void.
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Case Digest (G.R. No. 66575)

Facts:

  • Petitioners: Adriano Maneclang and his family
  • Respondents: Intermediate Appellate Court and members of the Municipal Council of Bugallon, Pangasinan
  • Nature of Case: Complaint for quieting of title over a fishpond within four parcels of land in Barrio Salomague, Bugallon, Pangasinan
  • Municipal Resolutions: Nos. 38 and 95 pertained to municipal waters and public bidding for the lease of municipal ferries and fisheries, including the disputed fishpond
  • Trial Court Decision: Dismissed the complaint on August 15, 1975, ruling that the body of water was a creek and public in nature
  • Intermediate Appellate Court Decision: Affirmed the trial court's decision on April 29, 1983
  • Supreme Court Proceedings: Petitioners sought a review on certiorari, but the Supreme Court found the Compromise Agreement contrary to law and public policy

Issue:

  • (Unlock)

Ruling:

  1. No, a creek, being a public body of water, cannot be subject to private ownership and appropriation.
  2. The Compromise Agreement recognizing the petitioners' ownership over the fishpond is null and void.
  3. The petitioners were not deprived o...(Unlock)

Ratio:

  • Creek as Public Domain: The Supreme Court held that a creek is a property belonging to the public domain and is not susceptible to private appropriation and acquisitive prescription.

  • Established Principles: Cited Mercado vs. Municipal President of Macabebe (59 Phil. 592, 1934) and affirmed in Diego v. Court of Appeals (102 Phil. 494) and Mangaldan v. Manaoag (38 Phil. 455).

  • Nature of Creek: The construction of irrigation dikes and conversion into a fishpond did not change the creek's public nature.

  • Compromise Agreement: Found null and void for being contrary to law and public policy.

  • Authority of Municipal Council: The Municipality of Bugallon had the authority to pass resolutions dealing with its municipal waters.

  • Due...continue reading


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