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    Payatas Estate Improvement Co. vs. Tuason

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    Lorie Jean Udarbe
    The Suague River bordered Lots 7340 and 7511. Over 40 years, the river gradually overflowed its banks each year, depositing soil on Lot 7511 and changing the river's course. The land in dispute was now part of Lot 7511 due to this gradual accretion. The Supreme Court upheld previous rulings that riparian owners gain ownership of land added to their property through the natural and gradual processes of rivers, even if the other land was previously titled. It dismissed the petition seeking recovery of the accreted land, now clearly part of Lot 7511.

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    Payatas Estate Improvement Co. vs. Tuason

    Uploaded by

    Lorie Jean Udarbe
    31 views1 page
    The Suague River bordered Lots 7340 and 7511. Over 40 years, the river gradually overflowed its banks each year, depositing soil on Lot 7511 and changing the river's course. The land in dispute was now part of Lot 7511 due to this gradual accretion. The Supreme Court upheld previous rulings that riparian owners gain ownership of land added to their property through the natural and gradual processes of rivers, even if the other land was previously titled. It dismissed the petition seeking recovery of the accreted land, now clearly part of Lot 7511.

    Original Description:

    Original Title

    Viajar v. CA (G.R. No. 77294, December 12, 1988)

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    The Suague River bordered Lots 7340 and 7511. Over 40 years, the river gradually overflowed its banks each year, depositing soil on Lot 7511 and changing the river's course. The land in dispute was now part of Lot 7511 due to this gradual accretion. The Supreme Court upheld previous rulings that riparian owners gain ownership of land added to their property through the natural and gradual processes of rivers, even if the other land was previously titled. It dismissed the petition seeking recovery of the accreted land, now clearly part of Lot 7511.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views1 page

    Payatas Estate Improvement Co. vs. Tuason

    Uploaded by

    Lorie Jean Udarbe
    The Suague River bordered Lots 7340 and 7511. Over 40 years, the river gradually overflowed its banks each year, depositing soil on Lot 7511 and changing the river's course. The land in dispute was now part of Lot 7511 due to this gradual accretion. The Supreme Court upheld previous rulings that riparian owners gain ownership of land added to their property through the natural and gradual processes of rivers, even if the other land was previously titled. It dismissed the petition seeking recovery of the accreted land, now clearly part of Lot 7511.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    77294, December 12, 1988


    ANGELICA VIAJAR and CELSO VIAJAR, plaintiffs-appellants,
    vs.
    COURT OF APPEALS, LEONOR P. LADRIDO, LOURDES LADRIDO IGNACIO, EUGENIO P. LADRIDO and L P.
    LADRIDO, defendants-appellees.

    MEDIALDEA, J.:

    FACTS:
    Lot 7349 located in Pototan, Iloilo was owned by spouses Rosendo Te and Ana Te. The same was sold to
    plaintiffs Angelica and Celso Viajar. Lot 7511, on the other hand was owned by spouses Ricardo and
    Leonor Ladrido. Between these parcel of lot was the Suague River. (West side of the river is Lot 7511)

    Plaintiffs filed a complaint for recovery of possession against Ricardo Ladrido when the former learned
    that the area of 11,819 sqm. of Lot No. 7340 has been in the possession of the defendants.

    RTC: In favor of defendants. Held them as the owner of the subject land.

    CA: AFFIRMED. The change in the course of the Suague River was gradual and not sudden.

    For more than 40 years (before 1940 to 1980), the Suague River overflowed its banks yearly and the
    property of the defendant gradually received deposits of soil from the effects of the current of the river.
    The quondam river bed had been filled by accretion through the years. The land is already plain and
    there is no indication on the ground of any abandoned river bed. The river bed is definitely no longer
    discernible now.

    ISSUE: WON the change in the course of the Suague River was gradual.

    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.

    Payatas Estate Improvement Co. vs. Tuason:


    Accretions of that character are natural incidents to land bordering on running streams and are not
    affected by the registration laws. It follows that registration does not protect the riparian owner against
    diminution of the area of his land through gradual changes in the course of the adjoining stream.

    C.N. Hodges vs. Garcia: Reiterated same ruling –


    The accretion to defendant’s land used to pertain to plaintiff’s estate, which is covered by a Torrens
    Certificate of Title, cannot preclude the defendant from being the owner thereof.
    Such accretions are natural incidents to land bordering on running streams and the provisions of the
    Civil Code in that respect are not affected by the Registration Act.

    Petition DISMISSED.

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