Outline of the Presentation
I. A. Definition of Accretion
B. Requirements for a land to be considered
an accretion
C. Legal basis of the ownership of lands
formed by accretion
II. DENR Administrative Order No. 2020-16
• What is Accretion?
- It is the gradual and imperceptible deposit
made through the effects of the current of the
water. It is the process whereby the soil is
deposited along the banks of the rivers.
• What are the requirements for a land to be
considered accretion?
The following must be shown :
1.The deposit of soil is gradual and
imperceptible;
2.It is made through the effects of the current of
water; and
3.It takes place on a land adjacent to the banks
of rivers
• Who owns the land formed through
accretion?
• Art. 457 of the New Civil Code of the
Philippines, provides that :
“ (t)o 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”.
DENR ADMINISTRATIVE ORDER
NO. 2020-16
GUIDELINES ON THE DISPOSITION OF LANDS
FORMED BY ACCRETION ADJACENT TO
AGRICULTURAL LANDS (A&D) AND
MANAGEMENT OF ISLETS IN RIVER
CHANNELS, DRIED CREEKS AND DRIED
RIVER BEDS
Suspension Order by the then Secretary Ramon
J.P Paje dated 16 January 2012 entitled,
“Suspension of Acceptance and Processing of Public Land
Applications on Lands Formed by Action of the Sea in all
Waterways and Accretion Islets in River Channels and Adjacent
Shores, Dried Creeks and River Beds and Other Lots of Similar
Character”
This draft DAO shall apply to lands
formed by accretion adjacent to
agricultural lands (A&D) and proper
management of islets in river
channels, dried creeks and dried
riverbeds.
For islets such as sandbar and delta, dried creeks and
dried riverbeds
All islets such as sandbars and delta shall not be
subjected to any mode of titling.
Islands formed within navigable or floatable lakes or
rivers belong to the State pursuant to Article 464 of the
Civil Code of the Philippines. The same shall not be
alienated, unless declared as open for disposition through
a law enacted by the Congress or a Presidential
Proclamation.
On the other hand, dried creeks and dried riverbeds shall
not be alienated since these belong to the State as property
of public dominion pursuant to Article 502 of the Civil
Code of the Philippines, and outside the commerce of
man. Hence, these lands are not susceptible to private
appropriation and acquisitive prescription unless declared
as open for disposition through a law enacted by the
Congress or a Presidential Proclamation.
The Regional Office, through the Community Environment
and Natural Resources Office (CENRO), the Mines and
Geosciences Bureau (MGB) of the Region, the
Conservation and Development Division (CDD) of the
Region, and the Local Government Unit (LGU) concerned
(City/Municipality Planning and Development Office) shall
jointly identify and assess the physical and biological
conditions including ecology, geology, topography,
hydrology and soils of these lands. In extreme cases, these
areas may be designated as no build zone areas.
The Regional Office, through the CENRO, MGB of the
Region, CDD of the Region, and LPDD of the Region, shall
determine the potential and most suitable use of these
lands, subject to existing laws, rules and regulations. The
DENR shall then conduct a survey of the areas.
The DENR may recommend for the issuance of a
Presidential Proclamation or enter into a Memorandum of
Agreement (MOA) with the LGU for the proper
management and development of the area.
For lands formed by accretion adjacent to
agricultural lands (A&D):
Lands formed by accretion within a block classified as
agricultural land (A&D) shall be disposed of in
accordance with the provisions of CA 141, as amended,
and Section 2 Chapter 3 of Book II, Title II of the Civil
Code of the Philippines.
For lands formed by accretion adjacent to
agricultural lands (A&D):
If the adjacent lot is already titled, the landowner shall
proceed to the Court for the acquisition of the lands
formed by accretion adjacent to agricultural lands (A&D).
The same shall be surveyed using the survey symbol
ACR except those accretions formed in Friar Lands
where the survey symbol shall remain as FLS.
If the adjacent lot is still untitled, the lands formed by
accretion within a block classified as agricultural land
(A&D), shall be surveyed and assigned with the highest
lot number. The adjacent claimant may opt to
consolidate the same with the adjacent lot for purposes
of filing the appropriate PLA.
Lands formed within non-navigable or non-floatable
lakes or river shall be governed by the provisions of
Article 465 of the Civil Code, which provides:
“Art. 465. Islands which through successive accumulation of
alluvial deposits are formed in non-navigable and non-floatable
rivers, belong to the owners of the margins or banks nearest to
each of them, or to the owners of both margins if the island is in
the middle of the river, in which case it shall be divided
longitudinally in halves. If a single island thus formed be more
distant from one margin than from the other, the owner of the
nearer margin shall be the sole owner thereof”.
• The disposition of these lands shall be
subjected to additional
comments/clearance/certification from the
MGB Regional Office to be secured by the
CENRO concerned to determine the physical
and geological condition of the area and
whether it is fit for habitation or human
settlement.
The geo-hazard map from the MGB shall
also be secured and be overlaid on the
cadastral map covering the area subject of
the application.
The law on easements under Article 51 of
the Water Code of the Philippines (PD 1067)
and DAOs 99-21 and 92-13 shall also be
strictly observed.
All subsisting PLAs shall be reviewed for
appropriate action consistent with the draft
Order.
T H A N K Y O U.
