Foreshore land is a part of the alienable land of the public domain and may be disposed of only by lease and not otherwise. ISSUE: Whether or not the petition should be granted.Īt the core of the controversy is whether the parcels of land in question are foreshore lands. The appellate court denied petitioners motion for reconsideration for lack of merit and for failure to file the appellants brief within the extended period granted to petitioner.

Petitioner appealed to the Court of Appeals. 85770, both decreed that the parcel of land covered by OCT No. 88 and the Courts resolution in the petition to quiet title, G.R. After hearing the motion to dismiss, the trial court dismissed the complaint on the ground that the judgment rendered by the cadastral court in G.R. Petitioner, through the Office of the Solicitor General, filed an objection to the motion to dismiss. They contended that the adjudication by the cadastral court is binding against the whole world including the Republic since the cadastral proceedings are in rem and the government itself through the Director of Lands instituted the proceedings and was a direct and active participant therein. Within the time for pleading, private respondents EANCRA Corporation, Lolita Alcazar and Salvador Alcazar filed their answer with cross-claim, while the rest, namely, Felix S. Respondents, on the other hand contend that Director of Lands found Jose Baritua's land covered by TCT No.18655, which stemmed from OCT 408(500), to be 'definitely outside of the foreshore area.' Petitioner Republic of the Philippines filed a case with the trial court to judicially declare the Transfer Certificates of Title (TCT) issued to herein private respondents null and void on the ground that the subject land, on which the OCT was based, has the features of a foreshore land based on an investigation conducted by the DENR, Region V, Legazpi City. 55173 was subdivided and further subdivided resulting in the issuance of several titles, which are now the subjects of herein petition in the name of private respondents.

55173 of then Court of First Instance of Albay.

On September 12, 1917, the late Elias Imperial was issued Original Certificate of Title (OCT) 408 (500) pursuant to Decree No.

IMPERIAL, LOLITA ALCAZAR, SALVADOR ALCAZAR, EANCRA CORPORATION, and the REGISTER OF DEEDS of LEGASPI CITY IMPERIAL JR., FELIZA SREPUBLIC OF THE PHILIPPINES represented by the DIRECTOR, LANDS MANAGEMENT BUREAU vs. REPUBLIC OF THE PHILIPPINES represented by the DIRECTOR, LANDS MANAGEMENT BUREAU vs. Law on Natural Resources, Constitutional Law

Imperialism 2 (1999)