Law on formation of islands

The Civil Code of the Philippines provides for the law on formation of islands. This regulates to whom such formed island pertains.

Islands formed belong to the State if:

[1] Formed on the SEAS within the jurisdiction of the Philippines;
[2] Formed on LAKES; and
[3] Formed on NAVIGABLE or FLOATABLE RIVERS.

Islands formed on non-navigable or non-floatable rivers belong to riparian owners who own the nearest margins or banks.

When is a river navigable or floatable?

[1] Capable of affording a channel or passage for ships and vessels;
[2] Must be sufficient not only to float bancas and light boats, but also bigger watercraft;
[3] Deep enough to allow unobstructed movements of ships and vessels; and
[4] Can be used as a highway of commerce, trade and travel.

Item [4] above is the best test to determine whether a a river is navigable or floatable.

They belong to the owners of the nearest margins or banks if:

[1] Formed through successive accumulation of alluvial deposits;
[2] On NON-NAVIGABLE and NONFLOATABLE RIVERS; and
[3] If island is in the middle, they are divided longitudinally in half.