Art. 464. Islands which may be formed on the seas within the jurisdiction of the Philippines, on lakes, and on navigable or floatable rivers belong to the State. 

 Art. 465. Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers, belong to the owners of the margins or banks nearest to each of them, or to the owners of both margins if the island is in the middle of the river, in which case it shall be divided longitudinally in halves. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof. (Civil Code)


Who owns ISLANDS formed by unidentifiable accumulated deposits?

It depends.

  1. If formed on the SEA within the jurisdiction of the Philippines - STATE
  2. If formed on LAKES - STATE
  3. If formed on NAVIGABLE OR FLOATABLE RIVERS  - STATE
  4. If formed on NON-NAVIGABLE OR NON-FLOATABLE RIVERS
A. If NEARER in margin to one bank, owner of nearer margin is sole owner

B. If EQUIDISTANT, the island shall be divided longitudinally in halves, each bank getting half.


When is a river considered navigable or floatable?

A river is navigable or floatable if it is capable of floating vessels, boats, or other craft, or rafts of logs, or logs in quantities to make it of commercial value. (Macatangay vs Secretary of Public Works, G.R. No. L-21673. May 16, 1966)

One which is useful for floatable and commerce, whether the tides affect the water or not. (Dela Cruz vs Director of Lands, 63 O.G. 7079)


 Why is the nearer margin preferred?

The nearer margin has better chances of developing the island in the interest of agriculture.


 Reference:
Edgardo L. Paras, Civil Code of the Philippines Annotated, Book II, Property