G.R. No. 100709 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DIRECTOR OF LANDS, VS. COURT OF APPEALS, JOSEFINA L. MORATO, SPOUSES NENITA CO AND ANTONIO QUILATAN AND THE REGISTER OF DEEDS OF QUEZON PROVINCE.

Ruling

Accordingly, if the requirements are not complied with, the State as the grantor could petition for the annulment of the patent and the cancellation of the title. Respondent Morato cannot use the doctrine of the indefeasibility of her Torrens title to bar the state from questioning its transfer or encumbrance. The certificate of title issued to her clearly stipulated that its award was subject to the conditions provided for in Sections 118, 119, 121, 122 and 124 of Commonwealth Act (CA) No. 141. Because she violated Section 118, the reversion of the property to the public domain necessarily follows, pursuant to Section 124. Second Issue: Foreshore Land Reverts to the Public Domain There is yet another reason for granting this petition. Although Respondent Court found that the subject land was foreshore land, it nevertheless sustained the award thereof to Respondent Morato: [25] First of all, the issue here is whether the land in question, is really part of the foreshore lands. The Supreme Court defines foreshore land in the case of Republic vs. Alagad, 169 SCRA 455, 464, as follows: Otherwise, where the rise in water level is due to, the extraordinary action of nature, rainful, for instance, the portions inundated thereby are not considered part of the bed or basin of the body of water in question. It cannot therefore be said to be foreshore land but land outside of the public dominion, and land capable of registration as private property. A foreshore land, on the other hand has been defined as follows: ... that part of (the land) which is between high and low water and left dry by the flux and reflux of the tides x x x x (Republic vs. C.A., Nos. L-43105, L-43190, August 31, 1984, 131 SCRA 532; Government vs. Colegio de San Jose, 53 Phil 423) The strip of land that lies between the high and low water marks and that is alternatively wet and dry according to the flow of the tide. (Rep. vs. CA, supra, 539). The factual findings of the lower court regarding the nature of the parcel of land in question reads: Evidence disclose that the marginal area of the land radically changed sometime in 1937 up to 1955 due to a strong earthquake followed by frequent storms eventually eroding the land. From 1955 to 1968, however, gradual reclamation was undertaken by the lumber company owned by the Moratos. Having thus restored the land thru mostly human hands employed by the lumber company, the area continued to be utilized by the owner of the sawmill up to the time of his death in 1965. On or about March 17, 1973, there again was a strong earthquake unfortunately causing destruction to hundreds of residential houses fronting the Calauag Bay including the Santiago Building, a cinema house constructed of concrete materials. The catastrophe totally caused the sinking of a concrete bridge at Sumulong river also in the municipality of Calauag, Quezon. On November 13, 1977 a typhoon code named Unding wrought havoc as it lashed the main land of Calauag, Quezo