What is alluvium or alluvion?



It is the gradual deposit of sediment by natural action of a current of fresh water (not sea water), the original identity of the deposit being lost. Where is by sea water, it belongs to the State. (Government of Philippine Islands v. Cabangis, G.R. No. L-­‐28379, Mar. 27, 1929)


Note: Art. 457 states “To the owners of the lands adjoining the banks of the rivers belong the accretion which they gradually receive from the effects of the current of the waters.


Distinguish accretion from alluvium?

Accretion is the process whereby the soil is deposited while alluvium is the soil deposited.


What are the requisites of alluvium?


1. Deposit is Gradual and imperceptible

2. Made through the effects of the current of the water

3. The land where the accretion takes place is Adjacent to the banks of the river


When does the alluvion start to become the property of the riparian owner?


From the time that the deposit created by the current of water becomes manifest. (Heirs of Navarro v. IAC, GR. No. 68166, Feb. 12, 1997)


To what does the rule on alluvion not apply?


The rule does not apply to man-­‐made or artificial accretions to lands that adjoin canals or esteros or artificial drainage system (Ronquillo vs. CA, G.R. No 43346, Mar. 20, 1991).


What if the riparian owner fails to register the deposits within the prescriptive period?


Failure to register the alluvial deposit acquired by accretion for a period of 50 years subjects said accretion to acquisition thru prescription by third persons. (Reynante v. CA, G.R. No. 95907, Apr. 8, 1992)


Note: 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.