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Maximo Jagualing, Et Al. Vs. Court Of Appeals, Et Al.

MAXIMO JAGUALING, ANUNCITA JAGUALING and MISAMIS ORIENTAL CONCRETE PRODUCTS, INC., petitioners, vs. COURT OF APPEALS (FIFTEENTH DIVISION), JANITA F. EDUAVE and RUDYGONDO EDUAVE, respondents. Cabanlas, Resma & Cabanlas Law Offices for petitioners. Jaime Y. Sindiong for private respondents.

G.R. No. 94283 | 1991-03-04

D E C I S I O N


GANCAYCO, J.:

Between the one who has actual possession of an island that forms in a non-navigable and non-flotable river and the owner of the land along the margin nearest the island, who has the better right thereto? This is the issue to be resolved in this petition.

The parties to this case dispute the ownership of a certain parcel of land located in Sta. Cruz, Tagoloan, Misamis Oriental with an area of 16,452 square meters, more or less, forming part of an island in a non-navigable river, and more particularly described by its boundaries as follows:

North by the Tagoloan River,
South by the Tagoloan River,
East by...