Nimfa Usero v. Court of Appeals

Summary

This consolidated case involved a property boundary dispute between adjacent landowners over a strip of land. Petitioners Samela and Usero claimed ownership of the disputed area and filed forcible entry cases when respondent spouses Polinar constructed improvements to prevent flood damage. The Metropolitan Trial Courts initially ruled for petitioners, but the Regional Trial Courts reversed, finding the disputed area was a creek belonging to public domain. The Court of Appeals and Supreme Court affirmed, holding that the strip of land is a natural watercourse (creek) that cannot be privately owned under Civil Code Article 420. The decision established that creeks are public dominion property and adjacent landowners may undertake protective measures subject to applicable regulations. The case demonstrates the principle that natural watercourses remain part of the public domain regardless of adjacent private property claims.