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    Agustin v. IAC (G.R. Nos. L-66075-76, July 5, 1990)

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    Lorie Jean Udarbe
    This case involves a dispute over land ownership between the petitioners Eulogio Agustin and others and the respondents Maria Melad, Timoteo Melad, Pablo Binayug, and Geronima Ubina. The lands were divided by the Cagayan River, with the petitioners owning land east of the river under the Tuguegarao Cadastre and the respondents owning land west of the river under the Solana Cadastre. From 1919 to 1968, the river gradually eroded some of Agustin's land and deposited alluvium onto Binayug's land through accretion. However, a major flood in 1968 caused the river to abruptly change course, transferring some of the respondents' lands to

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    Agustin v. IAC (G.R. Nos. L-66075-76, July 5, 1990)

    Uploaded by

    Lorie Jean Udarbe
    204 views2 pages
    This case involves a dispute over land ownership between the petitioners Eulogio Agustin and others and the respondents Maria Melad, Timoteo Melad, Pablo Binayug, and Geronima Ubina. The lands were divided by the Cagayan River, with the petitioners owning land east of the river under the Tuguegarao Cadastre and the respondents owning land west of the river under the Solana Cadastre. From 1919 to 1968, the river gradually eroded some of Agustin's land and deposited alluvium onto Binayug's land through accretion. However, a major flood in 1968 caused the river to abruptly change course, transferring some of the respondents' lands to

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    This case involves a dispute over land ownership between the petitioners Eulogio Agustin and others and the respondents Maria Melad, Timoteo Melad, Pablo Binayug, and Geronima Ubina. The lands were divided by the Cagayan River, with the petitioners owning land east of the river under the Tuguegarao Cadastre and the respondents owning land west of the river under the Solana Cadastre. From 1919 to 1968, the river gradually eroded some of Agustin's land and deposited alluvium onto Binayug's land through accretion. However, a major flood in 1968 caused the river to abruptly change course, transferring some of the respondents' lands to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    204 views2 pages

    Agustin v. IAC (G.R. Nos. L-66075-76, July 5, 1990)

    Uploaded by

    Lorie Jean Udarbe
    This case involves a dispute over land ownership between the petitioners Eulogio Agustin and others and the respondents Maria Melad, Timoteo Melad, Pablo Binayug, and Geronima Ubina. The lands were divided by the Cagayan River, with the petitioners owning land east of the river under the Tuguegarao Cadastre and the respondents owning land west of the river under the Solana Cadastre. From 1919 to 1968, the river gradually eroded some of Agustin's land and deposited alluvium onto Binayug's land through accretion. However, a major flood in 1968 caused the river to abruptly change course, transferring some of the respondents' lands to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. Nos.

    L-66075-76, July 5, 1990


    EULOGIO AGUSTIN, HEIRS OF BALDOMERO LANGCAY, ARTURO BALISI & JUAN LANGCAY, petitioners,
    vs.
    INTERMEDIATE APPELLATE COURT, MARIA MELAD, TIMOTEO MELAD, PABLO BINAYUG & GERONIMA
    UBINA, respondents.
    GRIÑO-AQUINO, J.:

    FACTS:
    The lands east of the Cagayan River were covered by the Tuguegarao Cadastre wherein petitioner
    Eulogio Agustin was issued OCT for the land owned by him thereof. On the other hand, all lands west of
    the said river were covered by the Solana Cadastre where respondents occupy portions thereof.

    Pablo Melad began his possession in 1947: 8 ha – tobacco; 12 ha – overgrown with talahib; homestead
    application was approved in 1959. Melad was issued OCT on June 1, 1956.

    From 1919 – The Cagayan River eroded part of Agustin’s land depositing alluvium of Binayug’s land.
    However, in 1968, due to a big flood, respondents’ lands were transferred on the eastern side of the
    river (Tuguegarao side).

    Petitioners claimed ownership of the lands causing respondents to file for separate complaints (Melad –
    5 ha. and 6.6 ha. accretion as well as Binayug.)

    RTC: in favor of respondents.


    IAC/CA: AFFIRMED. There had been accretions to the lots of the private respondents who did not lose
    the ownership of such accretions even after they were separated from the principal lots by the sudden
    change of course of the river.

    ISSUES: WON respondents own the accretion despite sudden and abrupt change in the course of the
    Cagayan River when it reverted to its own bed.

    HELD: YES.
    Art. 457 – 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.

    Requisites:
    (1) That the deposit be gradual and imperceptible;
    (2) That it resulted from the effects of the current of the water;
    (3) That the land where accretion takes place is adjacent to the bank of a river.

    Accretion had been going on from 1919 to 1968 (49 yrs.). After the resurvey of Melad’s land 1968, 6.6.
    hectares has be added to Melad’s land. While 50 has. were added to Binayug’s land. Hence, Art 457.

    Reason:
    If lands bordering on streams are exposed to floods and other damage due to the destructive force of
    the waters, and if by virtue of law they are subject to encumbrances and various kinds of easements, it is
    only just that such risks or dangers as may prejudice the owners thereof should in some way be
    compensated by the right of accretion.
    Flood:
    Accretion to their lands was not lost upon the sudden and abrupt change of the course of the Cagayan
    River in 1968 or 1969 when it reverted to its old 1919 bed, and separated or transferred said
    accretions to the other side (or eastern bank) of the river.

    Art. 459 – Whenever the current of a river, creek or torrent segregates from an estate on its bank a
    known portion of land and transfers it to another estate, the owner of the land to which the segregated
    portion belonged retains the ownership of it, provided that he removes the same within two years.

    Art. 463 – Whenever the current of a river divides itself into branches, leaving a piece of land or part
    thereof isolated, the owner of the land retains his ownership. He also retains it if a portion of land is
    separated from the estate by the current.

    In the case at bar, the sudden change of course of the Cagayan River as a result of a strong typhoon in
    1968 caused a portion of the lands of the private respondents to be "separated from the estate by the
    current." The private respondents have retained the ownership of the portion that was transferred by
    avulsion to the other side of the river.

    DENIED.

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