224 SCRA 562


A parcel of land was dug by the government for the construction of a canal to  streamline  the  river.    Baes  eventually  bought  the  land,  which  was subdivided  into  3  parcels.    The  middle  parcel  covered  the  canal.    The government  gave  him  another  equivalent  parcel  as  compensation.    After resurvey, it was discovered that there were errors.  New TCT’s were issued to  represent  the  enlargements.    Government  opposed  as  the  lots  were allegedly unlawfully enlarged.  Baes averred that he should own dried up land as the creek was discovered to the canal in his property.


If the riparian owner is entitled to compensation for the damage to or loss of his property due to natural causes, all the more reason to compensate him  when  the  change  in  the  course  of  river  is  effected  through  artificial means.