Republic of the Philippines
SUPREME COURT
Manila
FIRST DIVISION
G.R. Nos. L6607576 July 5, 1990
EULOGIO AGUSTIN, HEIRS OF BALDOMERO LANGCAY, ARTURO BALISI & JUAN
LANGCAY, petitioners,
vs.
INTERMEDIATE APPELLATE COURT, MARIA MELAD, TIMOTEO MELAD, PABLO BINAYUG &
GERONIMA UBINA, respondents.
Antonio N. Laggui for petitioners.
Pedro R. Perez, Jr. for private respondents.
GRIÑOAQUINO, J.:
The Cagayan River separates the towns of Solana on the west and Tuguegarao on the east in the province
of Cagayan. According to the unrebutted testimony of Romeo Rigor, Geodetic Engineer of the Bureau of
Lands, in 1919 the lands east of the river were covered by the Tuguegarao Cadastre. In 1925, Original
Certificate of Title No. 5472 was issued for land east of the Cagayan River owned by defendantpetitioner
Eulogio Agustin (Exh. 2Agustin).
As the years went by, the Cagayan River moved gradually eastward, depositing silt on the western bank. The
shifting of the river and the siltation continued until 1968.
In 1950, all lands west of the river were included in the Solana Cadastre. Among these occupying lands
covered by the Solana Cadastre were plaintiffsprivate respondents, namely, Pablo Binayug, who has been
in possession of Lots 3349, 7876, 7877, 7878, 7879, 7875, 7881, 7882, 7883, 7884, 7885, 7891 and 7892,
and Maria Melad, who owns Lot 3351 (Exh. 3Binayug; Exh. BMelad). Pablo Binayug began his possession
in 1947. An area of eight (8) hectares was planted to tobacco and corn while 12 hectares were overgrown
with talahib (Exh. C1 Binayug.) Binayug's Homestead Application No. W79055 over this land was approved
in 1959 (Exh. BBinayug). Binayug's possession was recognized in the decision in Civil Case No. 101 (Exh.
FBinayug). On the other hand, as a result of Civil Case No. 343T, Macario Melad, the predecessorin
interest of Maria Melad and Timoteo Melad, was issued Original Certificate of Title No. P5026 for Lot 3351 of
Cad. 293 on June 1, 1956.
Through the years, the Cagayan River eroded lands of the Tuguegarao Cadastre on its eastern bank among
which was defendantpetitioner Eulogio Agustin's Lot 8457 (Exh. EMelad), depositing the alluvium as
accretion on the land possessed by Pablo Binayug on the western bank.
However, in 1968, after a big flood, the Cagayan River changed its course, returned to its 1919 bed, and, in
the process, cut across the lands of Maria Melad, Timoteo Melad, and the spouses Pablo Binayug and
Geronima Ubina whose lands were transferred on the eastern, or Tuguegarao, side of the river. To cultivate
those lots they had to cross the river.
In April, 1969, while the private respondents and their tenants were planting corn on their lots located on the
eastern side of the Cagayan River, the petitioners, accompanied by the mayor and some policemen of
Tuguegarao, claimed the same lands as their own and drove away the private respondents from the
premises.
On April 21, 1970, private respondents Maria Melad and Timoteo Melad filed a complaint (Civil Case No.
343T) to recover Lot No. 3351 with an area of 5 hectares and its 6.6hectare accretion. On April 24, 1970,
private respondent Pablo Binayug filed a separate complaint (Civil Case No. 344T) to recover his lots and
their accretions.
On June 16, 1975, the trial court rendered a decision, the dispositive portion of which reads:
WHEREFORE, premises considered, judgment is hereby made:
In Civil Case No. 343T, commanding Eulogio Agustin, Gregorio Tuliao, Jacinto Buquel and
Octavio Bancud, or anybody acting as their representative[s] or agents to vacate Lot No. 3351 of
Solana Cadastre together with its accretion consisting of portions of Lots 9463, 9462 and 9461
of Tuguegarao Cadastre and for these defendants to restore ownership in favor of Maria Melad
and Timoteo Melad who are the only interested heirs of Macario Melad.
In Civil Case No. 344T, commanding defendants Justo Adduru, Andres Pastor, Teofilo
Tagacay, Vicente Camilan, Nicanor Mora, Baldomero Cagurangan, Domingo Quilang, Cesar
Cabalza, Elias Macababbad, Titong Macababbad, Arturo Balisi, Jose Allabun, Eulogio Agustin,
Banong Aquino, Junior Cambri and Juan Langoay, or any of their agents or representatives to
vacate the Lots 3349, 7876, 7877, 7878, 7879, 7875, 7881, 7882, 7883, 7884, 7885, 7891 and
7892, together with its accretion and to restore possession to plaintiffs Pablo Binayug and
Geronima Ubina. Without pronouncement as to damages which were not properly proven and to
costs.
SO ORDERED. (As amended by the order dated August 15, 1975.) (pp. 2425, Rollo.)
Only defendantpetitioner Eulogio Agustin appealed in Civil Case No. 343T, while in Civil Case No. 344T,
only defendantspetitioners Eulogio Agustin, Baldomero Cagurangan (substituted by his heir), Arturo Balisi
and Juan Langcay appealed. But upon motion of plaintiffsprivate respondents, the trial court ordered the
execution pending appeal of the judgment in Civil Case No. 344T against Cagurangan, Balisi and Langcay
on the ground that their appeal was dilatory as they had not presented evidence at the trial (Order dated
August 15, 1975).
On November 29, 1983, the Intermediate Appellate Court rendered a decision affirming in toto the judgment
of the trial court, with costs against the defendantsappellants.
In their petition for review of that decision, the petitioners allege that the Court of Appeals erred:
1. in declaring that the land in question had become part of private respondents' estate as a
result of accretion;
2. in declaring that the accretion to private respondents' estate which used to pertain to
petitioners' estate cannot preclude the private respondents from being the owners thereof; and
3. in declaring that the ownership of private respondents over the accretion is not affected by the
sudden and abrupt change in the course of the Cagayan River when it reverted to its old bed
The petition is unmeritorious and must be denied.
The finding of the Court of Appeals that there had been accretions to the lots of the private respondents who
did not lose the ownership of such accretions even after they were separated from the principal lots by the
sudden change of course of the river, is a finding of fact which is conclusive on this Court. That finding is
supported by Art. 457 of the New Civil Code which provides:
Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion which they
gradually receive from the effects of the current of the waters. (366)
Accretion benefits a riparian owner when the following requisites are present: (1) that the deposit be gradual
and imperceptible; (2) that it resulted from the effects of the current of the water; and (3) that the land where
accretion takes place is adjacent to the bank of a river (Republic vs. CA, 132 SCRA 514).
All these requisites of accretion are present in this case for, as the trial court found:
. . . Cagayan River did move year by year from 1919 to 1968 or for a period of 49 years. Within
this period, the alluvium (sic) deposited on the other side has become greater in area than the
original lands of the plaintiffs in both cases. Still the addition in every year is imperceptible in
nature, one could not discern it but can be measured after the lapse of a certain time. The
testimonial evidence in these cases that said Cagayan River moved eastward year by year is
overwhelming as against the denial of defendant Eulogio Agustin alone. Cesar Caronan, one
time mayor of Solana, Cagayan, said so. Arturo Taguian said so. Timoteo Melad said so.
Francisco Ubina said so. Geodetic Engineer Rigor impliedly said so when he testified that when
Solana Cadastre was executed in 1950 it overlapped portions of Tuguegarao Cadastre
executed in 1919. This could not have happened if that part of Tuguegarao Cadastre was not
eroded by the overflow of the Cagayan River. These testimonies cannot be destroyed by the
denials of Vicente Cauilan, Marcelo Agustin and Eulogio Agustin alone . . . . (p. 27,Rollo.)
The appellate court confirmed that the accretion on the western bank of the Cagayan River had been going
on from 1919 up to 1968 or for a period of 49 years. It was gradual and imperceptible. Only when Lot No.
3351, with an original area of 5 hectares described in the free patent that was issued to Macario Melad in
June 1956, was resurveyed in 1968 did it become known that 6.6 hectares had been added to it. Lot No.
3351, covered by a homestead patent issued in June, 1950 to Pablo Binayug, grew from its original area of
18 hectares, by an additional 50 hectares through alluvium as the Cagayan River gradually moved to the
east. These accretions belong to riparian owners upon whose lands the alluvial deposits were made (Roxas
vs. Tuason, 9 Phil. 408; Director of Lands vs. Rizal, 87 Phil. 806). The reason for this principle is because, if
lands bordering on streams are exposed to floods and other damage due to the destructive force of the
waters, and if by virtue of law they are subject to encumbrances and various kinds of easements, it is only
just that such risks or dangers as may prejudice the owners thereof should in some way be compensated by
the right of accretion (Cortes vs. City of Manila, 10 Phil. 567). i•t•caüsl
The private respondents' ownership of the accretion to their lands was not lost upon the sudden and abrupt
change of the course of the Cagayan River in 1968 or 1969 when it reverted to its old 1919 bed, and
separated or transferred said accretions to the other side (or eastern bank) of the river. Articles 459 and 463
of the New Civil Code apply to this situation.
Art. 459. Whenever the current of a river, creek or torrent segregates from an estate on its bank
a known portion of land and transfers it to another estate, the owner of the land to which the
segregated portion belonged retains the ownership of it, provided that he removes the same
within two years.
Art. 463. Whenever the current of a river divides itself into branches, leaving a piece of land or
part thereof isolated, the owner of the land retains his ownership. He also retains it if a portion of
land is separated from the estate by the current. (Emphasis supplied).
In the case at bar, the sudden change of course of the Cagayan River as a result of a strong typhoon
in 1968 caused a portion of the lands of the private respondents to be "separated from the estate by
the current." The private respondents have retained the ownership of the portion that was transferred
by avulsion to the other side of the river.
WHEREFORE, the petition is denied for lack of merit. The decision of the Intermediate Appellate Court, now
Court of Appeals, is hereby affirmed. Costs against the petitioners.
SO ORDERED.
Narvasa, C.J., Cruz, Gancayco and Medialdea, JJ., concur.