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  • Viajar Vs CA

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    Eumir Songcuya
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    The plaintiffs Angelica and Celso Viajar owned land that was formerly Lot No. 7340 according to a 1926 cadastral survey. However, over time the Suague River, which separated Lot 7340 from the land of defendants Ricardo and Leonor Ladrido, changed course gradually through accretion. As a result, 11,819 square meters of what was formerly Lot 7340, along with 14,036 square meters of former river bed, came under the possession of the defendants. The Court held that even registered land is not protected from ownership changes caused by gradual accretion under Article 457 of the Civil Code. Therefore, the accreted lands now belong to the defendants, even though they were formerly part of the

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    The plaintiffs Angelica and Celso Viajar owned land that was formerly Lot No. 7340 according to a 1926 cadastral survey. However, over time the Suague River, which separated Lot 7340 from the land of defendants Ricardo and Leonor Ladrido, changed course gradually through accretion. As a result, 11,819 square meters of what was formerly Lot 7340, along with 14,036 square meters of former river bed, came under the possession of the defendants. The Court held that even registered land is not protected from ownership changes caused by gradual accretion under Article 457 of the Civil Code. Therefore, the accreted lands now belong to the defendants, even though they were formerly part of the

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    678 views2 pages

    Viajar Vs CA

    Uploaded by

    Eumir Songcuya
    The plaintiffs Angelica and Celso Viajar owned land that was formerly Lot No. 7340 according to a 1926 cadastral survey. However, over time the Suague River, which separated Lot 7340 from the land of defendants Ricardo and Leonor Ladrido, changed course gradually through accretion. As a result, 11,819 square meters of what was formerly Lot 7340, along with 14,036 square meters of former river bed, came under the possession of the defendants. The Court held that even registered land is not protected from ownership changes caused by gradual accretion under Article 457 of the Civil Code. Therefore, the accreted lands now belong to the defendants, even though they were formerly part of the

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    of 2

    Republic of the Philippines SUPREME COURT Manila FIRST DIVISION 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. Ramon A. Gonzales for petitioner. Miraflores Law Offices for respondents. MEDIALDEA, J.:

    Facts: The spouses Ricardo Y. Ladrido and Leonor P. Ladrido were the owners of Lot No. 7511 containing an area of 154,267 square meters situated in barangay Cawayan, Pototan, Iloilo. Spouses Rosendo H. Te and Ana Te were also the registered owners of a parcel of land described in their title as Lot No. 7340. On September 6, 1973, Rosendo H. Te, sold this lot to Angelica F. Viajar and Celso F. Viajar for P5,000. A Torrens title was later issued in the names of Angelica F. Viajar and Celso F. Viajar. Later, Angelica F. Viajar had Lot No. 7340 relocated and found out that the property was in the possession of Ricardo Y. Ladrido. Consequently, she demanded its return but Ladrido refused. On February 15, 1974, Angelica F. Viajar and Celso F. Viajar instituted a civil action for recovery of possession and damages against Ricardo Y. Ladrido. The facts admitted by the parties during the pre-trial show that the piece of real property which used to be Lot No. 7340 of the Cadastral Survey of Pototan was located in barangay Guibuanogan Pototan, Iloilo; that it consisted of 20,089 square meters; that at the time of the cadastral survey in 1926, Lot No. 7511 and Lot No. 7340 were separated by the Suague River; that the area of 11,819 square meters of what was Lot No. 7340 has been in the possession of the defendants; that the area of 14,036 square meters, which was formerly the river bed of the Suague River per cadastral survey of 1926, has also been in the possession of the defendants; and that the plaintiffs have never been in actual physical possession of Lot No. 7340. Issue: Is registered land protected from ownership by accretion in accordance with Art. 457? Doctrine and Held: No, even registered land is covered by Art 457. The trial court found that the change in the course of the Suague River was gradual and this finding was affirmed by the respondent Court of Appeals. As a result, petitioners contend, Article 457 of the New Civil Code must be construed to limit the accretion mentioned therein as accretion of unregistered land to the riparian owner, and should not extend to registered land. Thus, the lot in question having remained the registered land of the petitioners, then the private respondents cannot acquire title there in derogation to that of the petitioners, by accretion, for that will defeat the indefeasibility of a Torrens Title. The rule that registration under the Torrens System does not protect the riparian owner against the diminution of the area of his registered land through gradual changes in the course of an adjoining stream is well settled. It clearly appearing that the land in question has become part of defendant's estate as a result of accretion, it follows that said land now belongs to him. The fact that the accretion to his land

    used to pertain to plaintiffs estate, which is covered by a Torrens Certificate of Title, cannot preclude him (defendant) from being the owner thereof. Registration does not protect the riparian owner against the diminution of the area of his land through gradual changes in the course of the adjoining stream. Accretions which the banks of rivers may gradually receive from the effect of the current become the property of the owners of the banks (Art. 366 of the Old Civil Code; Art. 457 of the New). 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.

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