7/25/2019 Case13 Javier

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Almagro vs. KwanPlaintiff: Manuel Almagro joined by his wife, Elizabeth

AlmagroRespondents:William C. Kwan, Salvaion C. Kwan, !itoriaC. Kwan and Ceilia C. Kwan".#. $o. %&'()* and %&'(%+. t. -+, -+%+Ponente: Cario, /

FACTS:

0his ase involves 1ot $o. 2-&(3M, a %&,%(% s4uare

meter arel of land overed by 0C0 $o. 03%%5*&.0he lot is loated at Maslog, Sibulan, $egros rientaland is registered in the name of souses Kwan Chinand 6osima Sarana. 0he resondents inherited 1ot $.2-&(3M uon the death of their arents.

n Set. %(,%**2, the resondents filed with the M0C

an ation for reovery of ossession and damagesagainst several ersons that have onstrutedbuildings or houses inside the dry land while othershave onstruted outside or only a small ortion ofbuildings or houses.

7uring the re3trial, the ourt and arties designated

"eodeti Engr. /orge Suasin to ondut theverifiation and reloation survey of 1ot $o. 2-&(3M.

After the ourt admitted Engr. Suasin8s reort, theresondents filed a motion for judgement on theleadings, whih the M0C granted.

MTCs Decision:

M0C dismissed the omlaint on the ground that the

remaining dry ortion of the lot has beome9#ES:#E 1A$7 and should be returned to theubli domain.

Foresore refers to that art of the land adjaent to

the sea whih is alternately overed and left dry bythe ordinary flow of the tides.

Foresore !ands refers to the stri of land that lies

between the high and low water mar;s and that isalternately wet and dry aording to the flow of thetide.

RTC

After the #0C onduted two oular insetions

during low tide and high tide, it onluded that thedisuted remaining ortion of 1ot no. 2-&(3M is not

foreshore land beause the remaining dry land is notadjaent to the sea and the dry land is not alternatelywet and dry by the ordinary flow of the tides. 0heseirumstanes are ontrary to the definitions of aforeshore land.

0he #0C reversed and set aside the deision of M0C

ossessors in good faith.