VIAJAR v. CA

It is a well settled 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 or river.

FACTS:

Private respondents Spouses Ladrido are owners of Lot 7511 of the Cadastral Survey of Pototan Iloilo. Petitioners are owners of the Lot 7340, which they bought from the Te. Viajar had lot 7340 relocated and found out that the property was in the possession of Ladrido. She demanded the return but the latter refused. She instituted a civil action for recovery of possession and damages. She also impleaded Te as defedant for the reason that if Ladrido is going to be favored then the sale was to be annulled and plaintiff must be reimbursed. During the trial it was proven that during the cadastral survey in 1926, the two lots were separated by the Suague River and that a part of the land of Lot 7340 and the old river bed were in the possession of the defendants and that the plaintiffs have never been in actual physical possession.

CFI ruled in favor of the defendants which the CA confirmed. There was a mention in the case that the issue from which the decision of the CFI was not the issue appealed in the CA so the affirmation made by the CA should be void.

ISSUES:

1) Whether or not the change in the course of the Suague River was gradual or sudden
2) Whether or not the plaintiffs are protected by the Torrens System (in relation to the dimunition of the area of their land because the plaintiffs are contending that Art 457 must be interpreted as applicable only to unregistered lands)

RULING:

It was established in the trial that for a period of 40 years 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.

It is a well settled rule that registration under the Torrens System does not protect the riparian owner against the dimunition of the area of his registered land through gradual changes in the course of an adjoining stream or river. Accretions which the banks of the river may gradually receive from the effect of the current become the property of the owners of the banks.