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IGNACIO V.

DIRECTOR OF LANDS AND


VALERIANO
108 SCRA 335

FACTS

Faustino Ignacio filed an application to register a parcel of land (mangrove) which he


alleged he acquired by right of accretion since it adjoins a parcel of land owned by the
Ignacio. His application is opposed by the Director of Lands, Laureano Valeriano,
contending that said land forms part of the public domain. The Trial Court dismissed the
application holding that said land formed part of the public domain. Thus the case at
bar.

ISSUE:

Whether or not the land forms part of the public domain

HELD: YES

1. The law on accretion cited by Ignacio in inapplicable in the present case because it
refers to accretion or deposits on the banks of rivers while this refers to action in the
Manila Bay, which is held to be part of the sea

2. Although it is provided for by the Law of Waters that lands added to shores by
accretions caused by actions of the sea form part of the pubic domain when they are no
longer necessary for purposes of public utility, only the executive and the legislative
departments have the authority and the power to make the declaration that any said
land is no longer necessary for public use. Until such declaration is made by said
departments, the lot in question forms part of the public domain, not available for private
appropriation or ownership.

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