HEIRS OF NAVARRO V. IAC
Accretion along an area adjacent to the sea is public domain, even if the accretion results from rivers emptying into the sea. It cannot be registered.
FACTS:
Sinforoso Pascual sits in the midst of a land registration case. The story begins on 1946 upon his desire to register land on the northern section of his existing property. His current registered property is bounded on the east by Talisay River, on the West by Bulacan River and on the North by the Manila bay. Both rivers flow towards the Manila Bay. Because of constantly flowing water, extra land of about 17hectares (that’s about the size of Disney Park!) formed in the northern most section of the property. It is this property he sought to register.
The RTC denied the registration claiming this to be foreshore land and part of public domain (remember, accretion formedby the sea is public dominion). His Motion for Reconsideration likewise burned. In 1960, he attempted registry again, claiming that the Talisay and Bulacan rivers deposited more silt resulting on accretion. He claimed this land as riprarian owner. The Director of Lands, Director of Forestry and the Fiscal opposed.
Then a new party surfaced. Mr Emiliano Navarro jumped into the fray opposing the same application, stating the he leased part of the property sought to be registered. He sought to protect his fishpond that rested on the same property. Sinforoso was not amused and filed ejectment against Mr. Navarro, claiming that Navarro used stealth force and strategy to occupy a portion of his land. Pascual lost the case against Navarro so he appealed. During the appeal, his original land registration case was consolidated and tried jointly. (alas Pascual died) The heirs of Pascual took over the case.
On 1975, the court decided that the property was foreshore land and therefore part of public domain. The RTC dismissed the complaint of Pascual for ejectment against Navarro and also denied his land registration request. Pascual’s heirs appealed and the RTC was reversed by the IAC. The Apellate court granted petition for registration! The reason? The accretion was caused by the two rivers, not manila bay. Hence it wasn’t foreshore land. (BUT the confusion lies in the fact that the accretion formed adjacent to Manila Bay… which is sea!) Aggrieved, the Director of Forestry moved for reconsideration (Government insists it is foreshore and hence, public domain). The Apellate court denied all motions of the Director and the Government.
The matter went to the SC.
ISSUE:
Whether or not the accretion taking place on property adjacent to the sea can be registered under the Torrens system.
HELD:
It cannot be registered. This is land of Public domain. Pascual claimed ownership under Article 457 of the Civil Code saying that the disputed 14-hectare land is an accretion caused by the joint action of the Talisay and Bulacan Rivers Art 457: Accretion as a mode of acquiring property and requires the concurrence of the following requisites: (1) that the accumulation of soil or sediment be gradual and imperceptible; (2) that it be the result of the action of the waters of the river; and (3) that the land where the accretion takes place is adjacent to the bank of the river.
Unfortunately, Pasucal and Heirs claim of ownership based on Art 457 is misplaced. If there’s any land to be claimed, it should be land ADJACENT to the rivers Talisay and Bulacan. The law is clear on this. Accretion of land along the river bank may be registered. This is not the case of accretion of land on the property adjacent to Manila Bay.
Furthermore, Manila Bay is a sea. Accretion on a sea bank is foreshore land and the applicable law is not Art 457 but Art 4 of the Spanish Law of Waters of 1866. This law, while old, holds that accretion along sea shore cannot be registered as it remains public domain unless abandoned by government for public use and declared as private property capable of alienation.
Article 4 of the Spanish Law of Waters of August 3, 1866 provides as follows:
Lands added to the shores by accretions and alluvial deposits caused by the action of the sea, form part of the public domain. When they are no longer washed by the waters of the sea and are not necessary for purposes of public utility, or for the establishment of special industries, or for the coast-guard service, the Government shall declare them to be the property of the owners of the estates adjacent thereto and as increment thereof.
The IAC decision granting registration was reversed and set aside. Registration cannot be allowed.
