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    Republic vs. CA G.R. No. L 61647. October 12 1984

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    Airess Canoy Casimero
    The Supreme Court denied the application for registration of lands claimed to be accretions by private respondents. The Court found that no natural accretion took place, as the transfer of dikes by private respondents was man-made and artificial, not the result of gradual and imperceptible sedimentation by river currents. For accretion to occur under Article 457 of the Civil Code, the deposit must be gradual and imperceptible, made through river currents, and the land must be adjacent to river banks. As the alleged additions were caused by transferring dikes into the river bed rather than natural forces, private respondents did not acquire ownership rights over the added lands.

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    Republic vs. CA G.R. No. L 61647. October 12 1984

    Uploaded by

    Airess Canoy Casimero
    85 views3 pages
    The Supreme Court denied the application for registration of lands claimed to be accretions by private respondents. The Court found that no natural accretion took place, as the transfer of dikes by private respondents was man-made and artificial, not the result of gradual and imperceptible sedimentation by river currents. For accretion to occur under Article 457 of the Civil Code, the deposit must be gradual and imperceptible, made through river currents, and the land must be adjacent to river banks. As the alleged additions were caused by transferring dikes into the river bed rather than natural forces, private respondents did not acquire ownership rights over the added lands.

    Original Title

    Republic-vs.-CA-G.R.-No.-L-61647.-October-12-1984

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    The Supreme Court denied the application for registration of lands claimed to be accretions by private respondents. The Court found that no natural accretion took place, as the transfer of dikes by private respondents was man-made and artificial, not the result of gradual and imperceptible sedimentation by river currents. For accretion to occur under Article 457 of the Civil Code, the deposit must be gradual and imperceptible, made through river currents, and the land must be adjacent to river banks. As the alleged additions were caused by transferring dikes into the river bed rather than natural forces, private respondents did not acquire ownership rights over the added lands.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    85 views3 pages

    Republic vs. CA G.R. No. L 61647. October 12 1984

    Uploaded by

    Airess Canoy Casimero
    The Supreme Court denied the application for registration of lands claimed to be accretions by private respondents. The Court found that no natural accretion took place, as the transfer of dikes by private respondents was man-made and artificial, not the result of gradual and imperceptible sedimentation by river currents. For accretion to occur under Article 457 of the Civil Code, the deposit must be gradual and imperceptible, made through river currents, and the land must be adjacent to river banks. As the alleged additions were caused by transferring dikes into the river bed rather than natural forces, private respondents did not acquire ownership rights over the added lands.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    Republic v.

    CA
    REPUBLIC OF THE PHILIPPINES (DIRECTOR OF LANDS), petitioner,
    vs.
    THE HON. COURT OF APPEALS, BENJAMIN TANCINCO, AZUCENA
    TANCINCO REYES, MARINA TANCINCO IMPERIAL and MARIO C.
    TANCINCO, respondents.

    G.R. No. L-61647. October 12, 1984

    FACTS:
    Benjamin Tancinco, Azucena Tancinco Reyes, Maria Tancinco Imperial and
    Mario C. Tancinco are registered owners of a parcel of land situated at Barrio
    Ubihan, Meycauayan, Bulacan bordering on the Meycauayan and Bocaue rivers.

    On June 24, 1973, the Tancincos filed an application for the registration of 3
    lots adjacent to their fishpond property (Psu-131892: Lot 1, 33,937 sqm.; Lot 2,
    5,453 sq.m.; Lot 3, 1985 sq. m.)

    On April 5, 1974, Assistant Provincial Fiscal Amando C. Vicente, in


    representation of the Bureau of Lands filed a written opposition to the
    application for registration.

    On March 6, 1975, the Tancincos filed a partial withdrawal of the application


    for registration with respect to Lot 3 of Plan Psu-131892 in line with the
    recommendation of the Commissioner appointed by the Court.

    On March 7, 1975, Lot 3 was ordered withdrawn from the application and trial
    proceeded only with respect to Lots 1 and 2 covered by Plan Psu-131892. On
    June 26,1976, the lower court rendered a decision granting the application on
    the finding that the lands in question are accretions to the Tancincos’ fishponds
    covered by TCT 89709.

    ISSUE:
    Whether or not accretion took place which can be acquired by the adjacent land
    owner.
    HELD:
    No accretion to speak of as the transfer of dikes is man-made and artificial.
    Private respondents simply transferred their dikes further down the river bed of
    the Meycauayan Rivers, and thus, if there is any accretion to speak of, it is man-
    made and artificial and not the result of the gradual and imperceptible
    sedimentation by the waters of the river.

    Article 457 of the New Civil Code provides that “to the owners of lands
    adjoining the banks of rivers belong the accretion which they gradually receive
    from the effects of the current of the waters.”

    Article 457 requires the concurrence of three requisites before an accretion


    covered by this particular provision is said to have taken place. They are:

    (1) that the deposit be gradual and imperceptible;


    (2) that it be made through the effects of the current of the water; and
    (3) that the land where accretion takes place is adjacent to the banks of rivers.

    The requirement that the deposit should be due to the effect of the current of the
    river is indispensable. This excludes from Art. 457 of the New Civil Code all
    deposits caused by human intervention. Alluvion must be the exclusive work of
    nature. In the instant case, there is no evidence whatsoever to prove that the
    addition to the said property was made gradually through the effects of the
    current of the Meycauayan and Bocaue rivers. However, there is evidence that
    the alleged alluvial deposits were artificial and man-made and not the exclusive
    result of the current of the Meycauayan and Bocaue rivers. The alleged alluvial
    deposits came into being not because of the sole effect of the current of the
    rivers but as a result of the transfer of the dike towards the river and
    encroaching upon it.

    The reason behind the law giving the riparian owner the right to any land or
    alluvion deposited by a river is to compensate him for the danger of loss that he
    suffers because of the location of his land. If estates bordering on rivers are
    exposed to floods and other evils produced by the destructive force of the waters
    and if by virtue of lawful provisions, said estates are subject to incumbrances
    and various kinds of easements, it is proper that the risk or danger which may
    prejudice the owners thereof should be compensated by the right of accretion.
    (Cortes v. City of Manila, 10 Phil. 567).

    In the present case, the riparian owner does not acquire the additions to his land
    caused by special works expressly intended or designed to bring about
    accretion. When the private respondents transferred their dikes towards the river
    bed, the dikes were meant for reclamation purposes and not to protect their
    property from the destructive force of the waters of the river.

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