SPOUSES GULLA V. HEIRS OF LABRADOR (CIVIL)

The trial court, the RTC, and the CA were one in ruling that the 562 sqm property is part of the public domain, hence, beyond the commerce of men and not capable of registration. In fact, the land is within the salvage zone fronting China Sea as well as the property covered by OCT P-13350 in the name of respondents.

The provision relied upon is Article 440 of the New Civil code, which states that " the ownership of property gives the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially." This however, does not apply in this case, considering that the 562 sqm lot is a foreshore land adjacent to the sea which is alternately covered and left dry by ordinary flow of the tides.

Such property belongs to the public domain and is no longer needed for public use. Respondents thus have no possessory right over the property unless upon application, the government through the then Bureau of Lands had granted them permit.

There is no question that no such permit was issued or granted in favor of respondents. This being the case, respondents have no cause of action to cause petitioners' eviction from the subject property. The real party-in-interest to file a complaint against petitioners for recovery of possession of the subject property and cause petitioners' eviction therefrom is the Republic of the Philippines, through the Office of the Solicitor General. Consequently, petitioners cannot be required to pay any rentals to respondents for their possession of the property.