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1) Colegio De San Jose owns land adjacent to Laguna Lake, part of which is submerged during certain months. The government claims this submerged land is public domain.
2) The court ruled that Laguna Lake is defined as a lake, not a lagoon, and therefore the submerged lands are considered the natural bed of the lake and are public domain per the Civil Code.
3) However, the court also noted that if the lands were accidentally inundated during high waters rather than being the natural bed, ownership would remain with the landowners.
1) Colegio De San Jose owns land adjacent to Laguna Lake, part of which is submerged during certain months. The government claims this submerged land is public domain.
2) The court ruled that Laguna Lake is defined as a lake, not a lagoon, and therefore the submerged lands are considered the natural bed of the lake and are public domain per the Civil Code.
3) However, the court also noted that if the lands were accidentally inundated during high waters rather than being the natural bed, ownership would remain with the landowners.
1) Colegio De San Jose owns land adjacent to Laguna Lake, part of which is submerged during certain months. The government claims this submerged land is public domain.
2) The court ruled that Laguna Lake is defined as a lake, not a lagoon, and therefore the submerged lands are considered the natural bed of the lake and are public domain per the Civil Code.
3) However, the court also noted that if the lands were accidentally inundated during high waters rather than being the natural bed, ownership would remain with the landowners.
The Government of the PARTIES In the view of the foregoing considerations, we are of the opinion Philippine Islands Colegio De San Jose owns parcels of land adjacent to and so hold, that the judgment appealed from should be affirmed, Laguna Lake. without special pronouncements as to costs. So ordered. Vs. Part of the land that they claim to be theirs is a strip of beside Laguna Lake which is First, it is important to determine whether Laguna Lake is Colegio De San Jose, et submerged under water during September, actually a Lake or a Lagoon. LAKE. A body of water al. October, and November. formed in depressions of the earth. Ordinarily fresh water, The Insular Government contends that the subject coming from rivers, brooks, or springs, and connected with strip of land belongs to the Philippine Government. the sea by them. Laguna de Bay is a body of water formed in depressions of COLEGIO DE SAN JOSE APPLIED FOR THE the earth; it contains fresh water coming from rivers and REGISTRATION OF TWO PARCELS OF LAND brooks or springs, and is connected with Manila Bay by the BESIDE LAGUNA LAKE Pasig River. According to the definition just quoted, Laguna The Court of First Instance of Laguna rendered a de Bay is a lake. decision ordering the registration of the two parcels Article 407 of the Civil Code says that Lakes and Ponds of land. formed by nature on public lands, and their channels are of public ownership. It is now, beyond question that Laguna THE INSULAR GOVERNMENT APPEALED THE Lake is of Public Domain. DECISION OF THE COURT OF FIRST INSTANCE TO Also, Article 74 of the Law of Waters states that the natural THIS COURT bed or basin of lakes, ponds, or pools, is the ground covered The Insular Government claimed that the subject by their waters when at their highest ordinary depth. strip of land is of public domain. The relevant question now is which is the natural bed of It was averred that the subject strip of land is Laguna Lake? part of the bed or shore of Laguna Lake, According to the Dictionary of the Spanish Academy, being submerged under water during the ORDINARY means not exceeding the average; common, months of September, October, and natural, occurring always or most of the time; not going November. beyond what happens or takes place. Also, the subject strip of land was formerly According to the foregoing definitions of the words under water. The water of Laguna Lake "ordinary" and "extraordinary," the highest depth of the merely receded greatly on that part. waters of Laguna de Bay during the dry season is the ordinary one, and the highest depth they attain during the ISSUE: WON the subject strip of land is of public domain rainy season is the extraordinary one. - NO On the contention that waters of Laguna Lake receded, Art. 77 of the laws of waters provide that lands accidentally inundated by the waters of lakes shall continue to be the property of their respective owners. Art. 367 of the Civil Code does not apply because it pertains to Lagoons