CASE NO.92

G.R. No. 98045 June 26, 1996DESAMPARADO VDA. DE NAZARENO and LETICIA NAZARENO TAPIA, petitioners, vs.THE COURT OF APPEALS, MR. & MRS. JOSE SALASALAN, MR. & MRS. LEO RABAYA, AVELINO LABIS, HON. ROBERTO G. HILARIO, ROLLEO I. IGNACIO, ALBERTO M. GILLERA and HON. ABELARDO G. PALAD, JR., in their official and/or private capacities, respondents.

FACTS:

Sometime in 1979, private respondents Jose Salasalan and Leo Rabaya leased the subject lots on which their houses stood from one Antonio Nazareno, petitioners' predecessor-in-interest. In the latter part of 1982, private respondents allegedly stopped paying rentals. As a result, Antonio Nazareno and petitioners filed a case for ejectment with the Municipal Trial Court of Cagayan de Oro City, Branch 4. A decision was rendered against private respondents, which decision was affirmed by the Regional Trial Court of Misamis Oriental, Branch 20.Before he died, Antonio Nazareno caused the approval by the Bureau of Lands of the survey plan designated as Plan Csd-106-00571 with a view to perfecting his title over the accretion area being claimed by him. Before the approved survey plan could be released to the applicant, however, it was protested by private respondents before the Bureau of Lands.Upon investigation of the Regional Director of the Bureau of Land, it was recommended that Survey Plan No. MSI-10-06-000571-D (equivalent to Lot No. 36302, Cad. 237) in the name of Antonio Nazareno, be cancelled and that private respondents be directed to file appropriate public land applications.Antonio Nazareno filed a motion for reconsideration with the Department of Natural Resources who denied the motion. Respondent Director of Lands then ordered him to vacate the portions adjudicated to private respondents and remove whatever improvements they have introduced thereon. He also ordered that private respondents be placed in possession thereof.Upon the denial of the late Antonio Nazareno's motion for reconsideration, petitioners Desamparado Vda. de Nazareno and Leticia Tapia Nazareno, filed a case before the RTC, Branch 22 for annulment of the following: order of investigation by respondent Gillera, report and recommendation by respondent Labis, decision by respondent Hilario, order by respondent Ignacio affirming the decision of respondent Hilario and order of execution by respondent Palad. The RTC dismissed the complaint for failure to exhaust administrative remedies which resulted in the finality of the administrative decision of the Bureau of Lands.On appeal, the Court of Appeals affirmed the decision of the RTC dismissing the complaint. 

Hence, this petition.

ISSUES:Petitioners assign the following errors:I. PUBLIC RESPONDENT COURT OF APPEALS IN A WHIMSICAL, ARBITRARY

AND CAPRICIOUS MANNER AFFIRMED THE DECISION OF THE LOWER COURT WHICH IS CONTRARY TO THE PREVAILING FACTS AND THE LAW ON THE MATTER;II. PUBLIC RESPONDENT COURT OF APPEALS IN A WHIMSICAL, ARBITRARY AND CAPRICIOUS MANNER AFFIRMED THE DECISION OF THE LOWER COURT DISMISSING THE ORIGINAL CASE WHICH FAILED TO CONSIDER THAT THE EXECUTION ORDER OF PUBLIC RESPONDENT ABELARDO G. PALAD, JR., DIRECTOR OF LANDS, MANILA, PRACTICALLY CHANGED THE DECISION OF PUBLIC RESPONDENT ROBERTO HILARIO, REGIONAL DIRECTOR, BUREAU OF LANDS, REGION 10, THUS MAKING THE CASE PROPER SUBJECT FOR ANNULMENT WELL WITHIN THE JURISDICTION OF THE LOWER COURT.

RULING:

The resolution of the above issues, however, hinges on the question of whether or not the subject land is public land. Petitioners claim that the subject land is private land being an accretion to his titled property, applying Article 457 of the Civil Code which provides: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. In the case of Meneses v. CA, 2 this Court held that accretion, as a mode of acquiring property under Art. 457 of the Civil Code, requires the concurrence of these requisites : (1) that the deposition of soil or sediment be gradual and imperceptible; (2) that it be the result of the action of the waters of the river (or sea); and (3) that the land where accretion takes place is adjacent to the banks of rivers (or the sea coast). These are called the rules on alluvion which if present in a case, give to the owners of lands adjoining the banks of rivers or streams any accretion gradually received from the effects of the current of waters.Furthermore, the Bureau of Lands classified the subject land as an accretion area which was formed by deposits of sawdust in the Balacanas Creek and the Cagayan river, in accordance with the ocular inspection conducted by the Bureau of Lands.

This Court has often enough held that findings of administrative agencies which have acquired expertise because their jurisdiction is confined to specific matters are generally accorded not only respect but even finality. Again, when said factual findings are affirmed by the Court of Appeals, the same are conclusive on the parties and not reviewable by this Court. It is this Court's irresistible conclusion, therefore, that the accretion was man-made or artificial. In the case at bar, the subject land was the direct result of the dumping of sawdust by the Sun Valley Lumber Co. consequent to its sawmill operations.Having determined that the subject land is public land, a fortiori, the Bureau of Lands, as well as the Office of the Secretary of Agriculture and Natural Resources have jurisdiction over the same in accordance with the Public Land Law. WHEREFORE, the petition is DISMISSED for lack of merit.SO ORDERED.

CASE NO. 93

GR L-61647 12 October 1984Republic v. Court of Appeals 

FACTS:

Benjamin Tancinco, Azucena Tancinco Reyes, Maria Tancinco Imperial and Mario C. Tancinco are registered owners of a parcel of land situated at Barrio Ubihan, Meycauayan, Bulacan bordering on the Meycauayan and Bocaue rivers.On 24 June 1973, the Tancincos filed an application for the registration of 3 lots adjacent to their fishpond property (Psu-131892: Lot 1, 33837 sq.m.; Lot 2, 5,453 sq.m.; Lot 3, 1985 sq. On 5 April 1974, Assistant Provincial Fiscal Amando C. Vicente, in representation of the Bureau of Lands filed a written opposition to the application for registration. On 6 March 1975, the Tancincos filed a partial withdrawal of the application for registration with respect to Lot 3 of Plan Psu-131892 in line with the recommendation of the Commissioner appointed by the Court. On 7 March 1975, Lot 3 was ordered withdrawn from the application and trial proceeded only with respect to Lots 1 and 2 covered by Plan Psu-131892. On 26 June 1976, the lower court rendered a decision granting the application on the finding that the lands in question are accretions to the Tancincos' fishponds covered by TCT 89709.On 30 July 1976, the Republic appealed to the Court of Appeals. On 19 August 1982, the appellate court rendered a decision affirming in toto the decision of the lower cost; without costs.ISSUE:Hence, the petition for certiorari to set aside the decision of the CA.

RULING:The Republic claimed that there was no accretion to speak of because what actualy happend was that the Tancincos simply transferred their dikes further down the river bed of Meycuayan River, and thus, if there was any accretion to speak of, it was man-made and artificial and not the result of the gradual and imperceptible sedimentation by the waters of the rivers.

The Supreme Court granted the petition, reversed and set aside the decision appealed from, and ordered the private respondents to move back the dikes of their fishponds to their original location and return the disputed property to the river to which it belongs.

CASE NO. 94HEIRS OF EMILIANO NAVARRO, petitioner, vs.INTERMEDIATE APPELLATE COURT & HEIRS OF SINFOROSO PASCUAL, respondents.FACTS:On October 3, 1946, Sinforoso Pascual, now deceased, filed an application for foreshore lease covering a tract of foreshore land in Sibocon, Balanga, Bataan, having an area of approximately seventeen (17) hectares. This application was denied on January 15, 1953. So was his motion for reconsideration.Subsequently, petitioners' predecessor-in-interest, also now deceased, Emiliano Navarro, filed a fishpond application with the Bureau of Fisheries covering twenty five (25) hectares of foreshore land also in Sibocon, Balanga, Bataan.Initially, such application was denied by the Director of Fisheries on the ground that the property formed part of the public domain.Upon motion for reconsideration, the Director of Fisheries, on May 27, 1958, gave due course to his application but only to the extent of seven (7) hectares of the property as may be certified by the Bureau of Forestry as suitable for fishpond purposes.The Municipal Council of Balanga, Bataan, had opposed Emiliano Navarro's application.Aggrieved by the decision of the Director of Fisheries, it appealed to the Secretary of Natural Resources who, however, affirmed the grant. On the other hand, sometime in the early part of 1960, Sinforoso Pascual flied an application to register and confirm his title to a parcel of land, situated in Sibocon, Balanga, Bataan, described in Plan Psu-175181 and said to have an area of 146,611 square meters.Pascual claimed that this land is an accretion to his property, situated in Barrio Puerto Rivas, Balanga, Bataan, and covered by Original Certificate of Title No. 6830.On March 25, 1960, the Director of Lands, represented by the Assistant Solicitor General, filed an opposition thereto stating that neither Pascual nor his predecessors-in-interest possessed sufficient title to the subject property, the same being a portion of the public domain and, therefore, it belongs to the Republic of the Philippines. 

During the pendency of the land registration case, that is, on November 6, 1960, Sinforoso Pascual filed a complaint for ejectment against Emiliano Navarro, one

Marcelo Lopez and their privies, alleged by Pascual to have unlawfully claimed and possessed, through stealth, force and strategy, a portion of the subject property covered by Plan Psu-175181. The defendants in the case were alleged to have built a provisional dike thereon: thus they have thereby deprived Pascual of the premises sought to be registered. This, notwithstanding repeated demands for defendants to vacate the property.The case was decided adversely against Pascual. Thus, Pascual appealed to the Court of First Instance (now Regional Trial Court) of Balanga, Bataan. Because of the similarity of the parties and the subject matter, the appealed case for ejectment was consolidated with the land registration case and was jointly tried by the court a quo.During the pendency of the trial of the consolidated cases, Emiliano Navarro died on November 1, 1961 and was substituted by his heirs, the herein petitioners.Subsequently, on August 26, 1962, Pascual died and was substituted by his heirs, the herein private respondents.On November 10, 1975, the court a quo rendered judgment finding the subject property to be foreshore land and, being a part of the public domain, it cannot be the subject of land registration proceedings.On December 15, 1980, we granted the Solicitor General, acting as counsel for the Director of Forestry, an extension of time within which to file in this court, a petition for review of the decision dated November 29, 1978 of the respondent appellate court and of the aforecited resolution dated November 21, 1980.ISSUE :May the land sought to be registered be deemed an accretion in the sense that it naturally accrues in favor of the riparian owner or should the land be considered as foreshore land?Before us is a petition for review of: (1) the decision 1 and (2) two subsequent resolutions 2 of the Intermediate Appellate Court 3 (now the Court of Appeals) in Land Registration Case No. N-84, 4 the application over which was filed by private respondents' predecessor-in-interest, Sinforoso Pascual, now deceased, before the Court of First Instance 5 (now the Regional Trial Court) of Balanga, Bataan.

RULING:The disputed property was brought forth by both the withdrawal of the waters of Manila Bay and the accretion formed on the exposed foreshore land by the action of the sea which brought soil and sand sediments in turn trapped by the palapat and bakawan trees planted thereon by petitioner Sulpicio Pascual in 1948Anchoring their claim of ownership on Article 457 of the Civil Code, petitioners vigorously argue that the disputed 14-hectare land is an accretion caused by the joint action of the Talisay and Bulacan Rivers which run their course on the eastern and western boundaries, respectively, of petitioners' own tract of land.Accretion as a mode of acquiring property under said Article 457, 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. 

Accretion is the process whereby the soil is deposited, while alluvium is the soil deposited on the estate fronting the river bank ; the owner of such estate is called the riparian owner. Riparian owners are, strictly speaking, distinct from littoral owners, the latter being owners of lands bordering the shore of the sea or lake or other tidal waters. Petitioners' claim of ownership over the disputed property under the principle of accretion, is misplaced.WHEREFORE, the instant Petition for Review is hereby DENIED and DISMISSED.Costs against petitioners.SO ORDERED.

CASE NO. 95G.R. No. L-30829 August 28, 1929GOVERNMENT OF THE PHIL. vs. COLEGIO DE SAN JOSE, ET AL.

FACTS:During the months of September, October and November every year, the waters of Laguna de Bay cover a long strip of land along the eastern border of the two parcels of land in question, the width of which strip varies from 50 to 70 meters according to the evidence of the Colegio de San Jose and up to the eastern border of the pass claimed by the municipality of San Pedro Tunasan, according to some witnesses for the Insular Government; and, according to other witnesses for the Insular Government, the flooded strip includes the aforementioned pass itself, which is usually completely covered with water, so that the people can fish in said flooded strip.The claimant Colegio de San Jose contends, and its evidence tends to prove, that the above-named parcels of land are a part of the Hacienda de San Pedro Tunasan belonging to said claimant, which has been in possession thereof since time immemorial by means of its tenants or lessees and farmers.On the other hand, the Government of the Philippine Islands contends that the said two parcels of land belong to the public domain, and its evidence tends to prove that they have always been known as the shores of Laguna de Bay, and they are situated alongside the highway running parallel to said shore; that the water of the lake has receded a great distance on that side; that said parcels of land had been under water formerly; that at present, during the rainy season, the water of the lake reaches the highway, and that when the water recedes the people of the place occupy and cultivate said lands during the dry season.ISSUE:The only question to be decided in the present appeal is whether the two aforesaid parcels of land in controversy belong to the Hacienda de San Pedro Tunasan and are owned by the claimant Colegio de San Jose, or whether they belong to the public domain as a part of the bed of Laguna de Bay.

RULING:Inasmuch as Laguna de Bay is a lake, we must resort to the legal provisions governing the ownership and use of lakes and their beds and shores, in order to determine the character and ownership of the parcels of land in question. It is beyond discussion that Laguna de Bay belongs to the public domain, being a natural lake existing upon public lands, and fed by public waters from rivers, brooks and springs.Now then, what is the bed of Laguna de Bay?

The evidence shows that during the dry season, that is, during the months of December, January, February, March, April, May, June, July and August, the water of the lake at its highest depth reaches no farther that the line forming the northeastern boundary of the two parcels of land in controversy, and that it is only during the wet season, that is, during the months of September, October, and November, that said water rises to the highway, completely covering said parcels of land. Therefore, the waters of Laguna de Bay have two different levels during the year:One during the dry season, which obtains during nine months, and the other during the wet season, which continues for three months. Which of these two heights marks the land limit of the waters of Laguna de Bay, that is, which of them forms its natural bed or basin? The law says, the highest ordinary depth. Now then, which of the two aforesaid depths of the waters of Laguna de Bay is the ordinary one? The word "ordinary" is defined in the Dictionary of the Spanish Academy as follows:ORDINARY. Not exceeding the average; common, natural, occurring always or most of the time; not going beyond what happens or takes place.The word extraordinary is defined in the same dictionary as follows:EXTRAORDINARY. Uncommon, transcending the general rule, order or measure; exceeding, surpassing, or going beyond that which is ordinary, commonly met with, current, settled, or admitted by the majority.According to the foregoing definitions of the words "ordinary" and "extraordinary," the highest depth of the waters of Laguna de Bay during the dry season is the ordinary one, and the highest depth they attain during the rainy season is the extraordinary one; inasmuch as the former is the one which is regular, common, natural, which occurs always or most of the time during the year, while the latter is uncommon, transcends the general rule, order of measure, and goes beyond that which is the ordinary depth. Summarizing, we find:(1) That the natural bed or basin of Laguna de Bay is the ground covered by its waters at their highest ordinary depth during the dry season, that is, during the months of December, January, February, March, April, May, June, July and August; (2) that the highest depth reached by said waters during the rainy season, or during the months of September, October and November, is extraordinary;(3) that the two parcels of land in litigation form an integral part of the Hacienda de San Pedro Tunasan belonging to the claimant Colegio de San Jose;(4) that said two parcels of land, being accidentally inundated by the waters of Laguna de Bay continue to be the property of the claimant Colegio de San Jose (art. 77, Law of Waters of August 3, 1866); 

(5) that even supposing that the said two parcels of land have been formed by

accession or deposits of sediment by the waters of said Laguna de Bay, they still belong to the said claimant Colegio de San Jose, as owner of the land of the Hacienda de San Pedro Tunasan, bordering on said Laguna de Bay (art. 84, Law of Waters of August 3, 18660; (6) that the provisions of the Law of Waters regulating the ownership and use of the waters of the sea are not applicable to the ownership and use of lakes, which are governed by special provisions.In the view of the foregoing considerations, we are of the opinion and so hold, that the judgment appealed from should be affirmed, without special pronouncements as to costs. So ordered.

CASE NO. 96G.R. No. L-3788. December 21, 1907Roxas v. TuasonFACTS:On 19 February 1906, attorneys Rosado, Sanz & Opisso, on behalf of Pedro P. Roxas, applied for the registration of the estate owned by Roxas (Hacienda de San Pedro Macati) in accordance with the provisions of the Land Registration Act. Said hacienda was acquired by Roxas by inheritance under the will of his late father, Jose Bonifacio Roxas, y Ubaldo. The property consists of 4 parcels of land, irregular shape, designated on the accompanying plan under the letters "A" to "D", containing a total area of 1,761 hectares 51 ares and 5 centares, equivalent to 17,615,105 sq.m., and assessed at P415,221.34, of which P59,904 corresponded to the portion of said hacienda included within the limits of the city of Manila and P256,769 corresponded to that portion situated in the Province of Rizal. The building constructed of strong materials, called the "Casa-Quinta" or "Casa de Ingenieros," belonging also to Roxas, is erected within parcel "C," occupying, together with its appurtenances, an area of 8,430 sq.m., and was assessed at P98,557.34. The hacienda was not mortgaged nor that any person has any right to or any interest therein; and it is almost wholly occupied, under lease, by about 429

tenants whose names, residences, and postal addresses, as well as the residence of the owner of the property and of his attorney in fact, are stated in the application. On 24 April, Roxas requested the summoning of the persons therein named, and stated in addition that the total area of the hacienda is 17,613,595.91 sq.ms., as specified in the corrections made to the technical description. On 24 July 1906, Roxas amended his application and gave the postal address and names of several occupants of the property; and by other amendments to his original petition dated 30 August and 25 September 1906, rectifications are made in the boundaries of the hacienda, the last of which represents a decrease of 1,446.70 sq.ms., or 14 ares and 46.70 centares which must be deducted from the original description.The owners of the adjoining properties having been summoned and notified by means of subpoenas and notices published in the daily papers, one of them, Julia Tuason, appeared and by a document dated 10 September 1906, set forth her opposition to the registration and authentication of the title of Roxas, as regards the parcel marked "C," for the reason that two old monuments which had separated their respective properties had been pulled down and new ones erected without her consent, and in her opinion the latter included a considerable portion of the land owned by her. 

The municipality of San Pedro Macati also filed opposition to the requested registration, alleging that the land occupied by the municipal building and the public school had been in the possession of the town from time immemorial, and that all the land occupied by roads, highways, lanes, and public landing places belonged to the public domain and should be excluded from registration in favor of Roxas.On 18 September 1906, the attorney for Alejandro Aguirre and Consolacion Aguirre also filed opposition to said application for registration alleging that the 2 parcels of land owned by them had been improperly included within the bounds of said hacienda in the parcel marked "C," the second said parcels, which is the only subject of the respective bill of exceptions and appeal interposed by them, consists of a building lot situated in Calle San Pedro, opposite the first parcel of land, which was the subject of another bill of exceptions and appeal by the Roxas; said second parcels measures 10 meters and 87 centimeters on its front and rear, and 9 meters and 20 centimeters along each of its sides, its boundaries being stated.On 17 October 1906, the court rendered decision, overruling the opposition made by Julia Tuason, by the municipality of San Pedro Macati, and by Alejandro and Consolacion Aguirre as to the second parcel, and ordered the registration of the Hacienda of San Pedro Macati in favor of Pedro Roxas excluding the parcel of land with a frontage of 23 Spanish yards and a depth of 24 Spanish yards occupied by the municipal building, which the government has the right to use without the payment of rent therefor, so long as the same is occupied by the said building or by another in substitution thereof and used for the public good and for official purposes. Julia Tuason, the municipality of San Pedro Macati, and Alejandro and Consolacion Aguirre, excepted to said judgment and moved for a new trial on the ground that the same was contrary to law and to the weight of the evidence; said motion was overruled, Tuason, Aguirre and the municipality of San Pedro Macati again excepting. The respective bills of exceptions having been presented, the same were forwarded in the ordinary manner to the Supreme Court.RULING:

The Supreme Court affirmed the judgment appealed from as regards Julia Tuason and the municipality of San Pedro Macati, declared the appeal of Alejandro and Consolacion Aguirre to be abandoned, and ordered Tuason, the Aguirres and the municipality of San Pedro to pay their respective share of the costs.

CASE NO. 97G.R. No. 73465. September 7, 1989Cureg v. IACFACTS: On 5 November 1982, Domingo Apostol, Soledad Gerardo, Rosa Gerardo, Nieves Gerardo, Flordeliza Gerardo and Lilia Maquinad filed a complaint for quieting of title and damages with preliminary injunction against Leonida, Romeo, Pepito, Hernando, Manuel, Antonio and Elpidio Carniyan with the RTC Isabela (Civil Case Br. 111-373). A temporary restraining order was issued by the trial court on 12 November 1982. The complaint alleged that the Gerardos and Maquinad are the legal and/or the forced heirs of the late Domingo Gerardo, who died in February 1944, the latter being the only issue of the late Francisco Gerardo, who died before the outbreak of WWII; that since time immemorial and/or before 26 July 1894, the late Francisco Gerardo, together with his predecessors-in-interest have been in actual, open, peaceful and continuous possession, under a bona fide claim of ownership and adverse to all other claimants, of a parcel of land, situated in Casibarag-Cajel, Cabagan, Isabela, containing an area of 2.5 hectares [N: Cagayan River; E: Domingo Guingab (formerly Rosa Cureg); S: Antonio Carniyan; and W: Sabina Mola]. Said land was declared for taxation purposes under TD 08-3023 in the name of Francisco Gerardo, which cancelled TD C-9669, in the name of Francisco; that upon the death of Francisco Gerardo, the ownership and possession of the land was succeeded by his only issue, Domingo Gerardo who, together with 3 legal or forced heirs, namely Soledad Gerardo, Primo Gerardo(+) and Salud Gerardo(+) have also been in actual, open, peaceful and continuous possession of the same. Primo Gerardo was survived by Rosa, Nieves and Flordeliza Gerardo; while Salud Gerardo was survived by Lilia Maquinad. In 1979, Soledad, Rosa, Nieves, and Flordeliza Gerardo along with Lilia Maquinad verbally sold the land to Domingo Apostol. On 10 September 1982, the verbal sale and conveyance was reduced into writing by the vendors who executed an "Extra-Judicial Partition with Voluntary Reconveyance." About the time of the execution of the Extra-Judicial Partition, the land already manifested signs of accretion of about 3 hectares on the north caused by the northward movement of the Cagayan River; that Domingo Apostol declared the land and its accretion for tax purposes under TD 08-13281 on 15 September 1982.Sometime about the last week of September and or the first week of October 1982, when the Gerardos, Maquinad and Apostol were about to cultivate their land together with its accretion, they were prevented and threatened by the Carniyans (Leonida Cureg and Romeo, Pepito, Hernando, Manuel, Antonio and Elpidio: surviving spouse and children of Antonio Carniyan) from continuing to do so.

The late Antonio Carniyan was the owner of a piece of land (acquired from his father-in-law Marcos Cureg on 5 October 1956 as evidenced by an Absolute Deed of Sale) situated in Casibarag-Cajel, Cabagan, Isabela which contained an area of 2,790 sq. m.(N: Domingo Gerardo; E: Domingo Guingab; S: Pelagio Camayo; and W: Marcos Cureg), and which was declared for taxation purposes under TD 13131, with an assessed value of P70.00. Carniyan revised on 28 November 1968 his TD 13131 dated 24 July 1961 to conform with the correct area and boundaries of his OCT P-19093 issued on 25 November 1968 pursuant to Free Patent 399431 dated 21 May 1968; that the area under the new TD 15663 was increased from 2,790 sq.ms. to 4,584 sq.ms. and the boundary on the north became Cagayan River, purposely eliminating completely the original boundary on the north which is Domingo Gerardo. The heirs of Antonio Carniyan (Cureg, et.al.) alleged in their answer that the land claimed by the Gerardos and Apostol is non-existent; that Antonio Carniyan was the owner of a piece of land bounded on the north by Cagayan River and not by the land of Francisco Gerardo; that the "subject land" is an accretion to their registered land and that they have been in possession and cultivation of the "accretion" for many years.The application for the issuance of a writ of preliminary injunction was denied on 28 July 1983 on the ground that the Carniyans (Cureg) were in actual possession of the land in litigation prior to September 1982. In a decision rendered on 6 July 1984, the trial court rendered judgment declaring Domingo Apostol the absolute owner of the parcel of land containing an area of 5.5000 hectares (N: Cagayan River; E: Domingo Guingab; S: Antonio Carniyan; and W: by Sabina Mola) and with an assessed value of P3,520; ordering the issuance of a writ of preliminary injunction against Cureg, et.al.; ordering that the writ be made permanent; and ordering Cureg, et.al. to pay Apostol, et.al. a reasonable attorney's fee of P5,000.00, litigation expenses of P1,500.00 and costs.On 17 July 1984, Cureg appealed to the then IAC Court which affirmed the decision of the trial court on 15 October 1985 (CA-GR CV 03852). Cureg's Motion for Reconsideration was denied on 8 January 1986. Hence, the petition for review under Rule 45 of the Rule of Court.

RULING:The Supreme Court granted the petition, reversed and set aside the decision appealed from, and rendered judgment dismissing Civil Case Br. III-373 for quieting of title and damages; with costs against Apostol, et.al.

CASE NO.98G.R. No. L-17652. June 30, 1962Grande v. CA

FACTS: Eulogia, Alfonso, Eulalia, and Sofia Grande are the owners of a parcel of land, with an area of 3.5032 hectares, located at barrio Ragan, municipality of Magsaysay (formerly Tumauini), province of Isabela, by inheritance from their deceased

mother Patricia Angui (who inherited it from her parents Isidro Angui and Ana Lopez, in whose name said land appears registered, as shown by OCT 2982, issued on 9 June 1934). Said property is identified as Lot 1, Plan PSU-83342. When it was surveyed for purposes of registration sometime in 1930, its northeastern boundary was the Cagayan River (the same boundary stated in the title). Since then, and for many years thereafter, a gradual accretion on the northeastern side took place, by action of the current of the Cagayan River, so much so, that by 1958, the bank thereof had receded to a distance of about 105 meters from its original site, and an alluvial deposit of 19,964 square meters (1.9964 hectares), more or less, had been added to the registered area.On 25 January 1958, the Grandes instituted an action in the CFI Isabela against Domingo and Esteban Calalung to quiet title to said portion (19,964 square meters) formed by accretion, alleging in their complaint (Civil Case 1171) that they and their predecessors-in-interest, were formerly in peaceful and continuous possession thereof, until September, 1948, when the Calalungs entered upon the land under claim of ownership. The Grandes also asked for damages corresponding to the value of the fruits of the land as well as attorney's fees and costs. In their answer, dated 18 February 1958, the Calalungs claim ownership in themselves, asserting that they have been in continuous, open, and undisturbed possession of said portion, since prior to the year 1933 to the present. After trial, the CFI Isabela, on 4 May 1959, rendered a decision adjudging the ownership of the portion in question to the Grandes, and ordering the Calalungs to vacate the premises and deliver possession thereof to the Grandes, and to pay to the latter P250.00 as damages and costs.Unsatisfied, the Calalungs appealed to the Court of Appeals, which rendered, on 14 September 1960, a decision (CA-GR 25169-R) reversing that of the CFI Isabela, and dismissing the Grandes' action against the Calalungs, to quiet title to and recover possession of a parcel of land allegedly occupied by the latter without the Grandes' consent. Thus, the appeal by the Grandes to the Supreme Court.

RULING:The Supreme Court affirmed the decision of the Court of Appeals, with costs against the Grandes

CASE NO.99G.R. No. 108065. July 6, 1993.Baes v. CAFACTS:In 1962, the government dug a canal on a private parcel of land (Lot 2958, with area of 33,902 sq.m.) to streamline the Tripa de Gallina creek. This lot was later acquired by Felix Baes, who registered it in his name and then had it subdivided into 3 lots (Lot 2958-A, 28,889 sq.m, TCT 11041.; Lot 2958-B, 3,588 sq.m, TCT 11042.; and Lot 2958-C, 452 sq.m., TCT 11043).In exchange for Lot 2958-B, which was totally occupied by the canal, the government gave Baes a lot with exactly the same area as Lot 2958-B through a Deed of Exchange of Real Property dated 20 June 1970. The property, which was near but not contiguous to Lot 2958-C, was denominated as Lot 3271-A and later registered in the name of Felix Baes under TCT 24300. The soil displaced by the canal was used to fill up the old bed of the creek.Meanwhile, Baes had Lot 2958-C and a portion of Lot 2958-A designated as Lot 1, Blk. 4, resurveyed and subdivided. On 12 January 1968, he submitted a petition for the approval of his resurvey and subdivision plans, claiming that after the said lots were plotted by a competent surveyor, it was found that there were errors in respect of their bearings and distances. The resurvey-subdivision plan was approved by the CFI Pasay City in an order dated 15 January 1968. As a result, the old TCTs covering the said lots were canceled and new ones were issued (Blk. 4: Lot 1-A, 672 sq.m., TCT T-14404; Lot 1-B representing the increase in size after the resurvey, 826 sq.m., TCT T-14405; Lot 2958-C-1, 452 sq.m., TCT T-14406; and Lot 2958-C-2 representing the increase after resurvey, 2,770 sq.m., TCT T-14407). Lots 2958-C-1 and 2958-C-2 were later consolidated and this time further subdivided into 4 lots (Lot 1, 147 sq.m., TCT 29592.; Lot 2, 950 sq.m., TCT 29593; Lot 3, 257 sq.m., TCT 29594; and Lot 4, 1,868 sq.m., TCT 29595).In 1978, the Republic of the Philippines discovered that Lot 1-B (TCT 14405) on which the Baes had erected an apartment building, covered Lot 3611 of the Pasay Cadastre, which is a filled-up portion of the Tripa de Gallina creek. Moreover, Lot 2958-C (TCT 29592 to 29595), with an increased area of 2,770 sq.m. after resurvey and subdivision, had been unlawfully enlarged.

On 17 November 1982, the Republic filed a petition for cancellation of TCT 14405 and 29592 to 29595 with the trial court (Civil Case 0460-P). Baes did not object in his answer to the cancellation of TCT 29592, 29594 and 29595 and was not able to prove during the trial that the government utilized a portion of Lot 2 under TCT 29593. The trial court therefore decreed that the original Lot 2958-C (452 sq.m.) be reverted to its status before the resurvey-

subdivision of Lot 2958-C. Baes appealed to the Court of Appeals, which affirmed in toto the ruling of the trial court, declaring TCTs 14405, 29592, 29593, 29594, 29595, and TCT 29593's derivative titles TCTs 124725, 124726, 124727 and 124729, ordering the Register of Deeds for Pasay City to cancel them and issue new ones in their stead in the name of the Baes after segregating from TCT 29593 452 sq. m., the actual area of Lot 2958-C (covered by cancelled TCT 11043) belonging to Felix Baes, and dismissing the counterclaim. Baes appealed to the Supreme Court by way of certiorari.RULING: The Supreme Court denied the petition, with costs against Baes.

CASE NO. 100G.R. No. 43346. March 20, 1991Ronquillo v. CA

FACTS:Rosendo del Rosario was a registered owner of a parcel of land known as Lot 34, Block 9, Sulucan Subdivision, situated at Sampaloc, Manila and covered by TCT 34797 of the Registry of Deeds of Manila. Florencia and Amparo del Rosario were daughters of said Rosendo del Rosario. Adjoining said lot is a dried-up portion of the old Estero Calubcub occupied by Mario C. Ronquillo since 1945.Both del Rosario and Ronquillo have filed with the Bureau of Lands miscellaneous sales application for the purchase of the abandoned river bed known as Estero Calubcub and their sales applications, dated 5 August 1958 and 13 October 1959, respectively, are still pending action before the Bureau of Lands. Del Rosario claims that long before 1930, when TCT 34797 over Lot 34 was issued in the name of Rosendo del Rosario, the latter had been in possession of said lot including the adjoining dried-up portion of the old Estero Calubcub, having bought the same from Arsenio Arzaga. Sometime in 1935, said titled lot was occupied by Isabel Roldan with the tolerance and consent of del Rosario on condition that the former will make improvements on the adjoining dried-up portion of the Estero Calubcub. In the early part of 1945 defendant occupied the eastern portion of said titled lot as well as the died-up portion of the old Estero Calubcub which abuts del Rosario's titled lot.

After a relocation survey of the land in question sometime in 1960, del Rosario learned that Ronquillo was occupying a portion of their land and thus demanded Ronquillo to vacate said land when the latter refused to pay the reasonable rent for its occupancy. However, despite said demand Ronquillo refused to vacate. On the other hand, Ronquillo claims that sometime before 1945 he was living with his sister who was then residing or renting Del Rosario's titled lot. In 1945 he built his house on the disputed dried-up portion of the Estero Calubcub with a small portion thereof on the titled lot of del Rosario. Later in 1961, said house was destroyed by a fire which prompted him to rebuild the same but, this time it was built only on the dried-up portion of the old Estero Calubcub without touching any part of del Rosario's titled land. He further claims that said dried-up portion is a land of public domain.

Rosendo, Amparo and Florencia del Rosario lodged a complaint with the CFI Manila praying, among others, that they be declared the rightful owners of the dried-up portion of Estero Calubcub. Ronquillo filed a motion to dismiss the complaint on the ground that the trial court had no jurisdiction over the case since the dried-up portion of Estero Calubcub is public land and, thus, subject to the disposition of the Director of Lands. The Del Rosarios opposed the motion arguing that since they are claiming title to the dried-up portion of Estero Calubcub as riparian owners, the trial court has jurisdiction. The resolution of the motion to dismiss was deferred until after trial on the merits. On 26 December 1962, the trial court rendered judgment ordering Ronquillo to deliver to del Rosario the portion of the land covered by TCT 34797 which is occupied by him and to pay for the use and occupation of said portion of land at the rate of P5 a month from the date of the filing of the complaint until such time as he surrenders the same to del Rosario and declaring Del Rosario to be the owners of the dried-up portion of estero Calubcub which is abutting del Rosario' property; with costs against Ronquillo.On appeal (CA-GR 32479-R), the Court of Appeals affirmed the decision of the trial court on 25 September 1975 and declared that since Estero Calubcub had already dried-up way back in 1930 due to the natural change in the course of the waters, under Article 370 of the old Civil Code which it considers applicable to the present case, the abandoned river bed belongs to the Del Rosarios as riparian owners. Consequently, respondent court opines, the dried-up river bed is private land and does not form part of the land of the public domain. It stated further that even assuming for the sake of argument that said estero did not change its course but merely dried up or disappeared, said dried-up estero would still belong to the riparian owner, citing its ruling in the case of Pinzon vs. Rama. Upon motion of Ronquillo, respondent court modified its decision on 28 January 1976 by setting aside the first portion of the trial court's decision ordering Ronquillo to surrender to the Del Rosarios that portion of land covered by TCT 34797 occupied by the former, based on the former's representation that he had already vacated the same prior to the commencement of this case. However, the appellate court upheld its declaration that the Del Rosarios are the rightful owners of the dried-up river bed. 

Hence, the petition for review.

On 17 May 1976, the Supreme Court issued a resolution requiring the Solicitor General to comment on the petition in behalf of the Director of Lands as an indispensable party in representation of the Republic of the Philippines, and who, not having been impleaded, was subsequently considered impleaded as such in the Court's resolution of 10 September 1976.In his Motion to Admit Comment, the Solicitor General manifested that pursuant to a request made by this office with the Bureau of Lands to conduct an investigation, the Chief of the Legal Division of the Bureau sent a communication informing him that the records of his office do not show that Mario Ronquillo, Rosendo del Rosario, Amparo del Rosario or Florencia del Rosario has filed any public land application covering parcels of land situated at Estero Calubcub, Manila as verified by its Records Division. The position taken by the Director of Lands (in his comment on 3 September 1978, in the 4 May 1989 reply, and 17 August 1989 comment) explicates that Article 370 of the old Code does not apply as the abandoned riverbed as such was abandoned not by the natural change in the course of the river but by the drying up of the bed caused by human activity. The Director of Lands also added that the del Rosario and Ronquillo have claimed pending sales applications over the dried portion of the estero (admitting thus that it is public land under the authority of the Bureau of Lands), which were rejected as the Manila City Engineer's Office needed the dried portion of the estero for drainage purposes. On 29 June 1979, Florencia del Rosario manifested to this Court that Rosendo, Amparo and Casiano del Rosario have all died, and that she is the only one still alive among the private respondents in the case. In a resolution dated 20 January 1988, the Court required Ronquillo to implead one Benjamin Diaz pursuant to the former's manifestation that the land adjacent to the dried-up river bed has already been sold to the latter, and the Solicitor General was also required to inquire into the status of the investigation being conducted by the Bureau of Lands. In compliance therewith, the Solicitor General presented a letter from the Director of Lands to the effect thereat neither of the parties involved in the present case has filed any public land application.

On 3 April 1989, Ronquillo filed an Amended Petition for Certiorari, this time impleading the Development Bank of the Philippines (DBP) which subsequently bought the property adjacent to the dried-up river bed from Benjamin Diaz. In its resolution dated 10 January 1990, the Court ordered that DBP be impleaded as a party respondent. On 13 September 1990, DBP filed a Manifestation/ Compliance stating that DBP's interest over TCT 139215 issued in its name (formerly TCT 34797 of the Del Rosarios and TCT 135170 of Benjamin Diaz) has been transferred

to Spouses Victoriano and Pacita A. Tolentino pursuant to a Deed of Sale dated 11 September 1990.

RULING:The Supreme Court reversed and set aside the remaining effective portion of the appealed decision which declares Del Rosario as riparian owner of the dried-up portion of Estero Calubcub.

CASE NO.101G.R. No. 94283. March 4, 1991Jagualing v. CAFACTS:A certain parcel of land is located in Sta. Cruz, Tagoloan, Misamis Oriental with an area of 16,452 sq. m., forming part of an island in a non-navigable river, bounded by the Tagoloan river on the north, south, and east and by the portion belonging to Vicente Neri on the west. Janita Eduave claims that she inherited the land from her father, Felomino Factura, together with his co-heirs, Reneiro Factura and Aldenora Factura, and acquired sole ownership of the property by virtue of a Deed of Extra Judicial Partition with sale. The land is declared for tax purposes under Tax Declaration 26137 with an area of 16,452 sq. m. Since the death of her father on 5 May 1949, Eduave had been in possession of the property although the tax declaration remains in the name of the deceased father.The entire land had an area of 16,452 sq. m. appearing in the deed of extrajudicial partition, while in tax declaration the area is only 4,937 sq. m., and she reasoned out that she included the land that was under water. The land was eroded sometime in November 1964 due to typhoon Ineng, destroying the bigger portion and the improvements leaving only a coconut tree.In 1966 due to the movement of the river deposits on the land that was not eroded increased the area to almost half a hectare and in 1970 Eduave started to plant banana trees. In 1973, Maximo and Anuncita Jagualing asked her permission to plant corn and bananas provided that they prevent squatters to come to the area. 

Eduave engaged the services of a surveyor who conducted a survey and placed concrete monuments over the land. Eduave also paid taxes on the land in litigation, and mortgaged the land to the Luzon Surety and Co., for a consideration of P6,000.00. The land was the subject of a reconveyance case, in the CFI Misamis Oriental (Branch V, Cagayan de Oro City, Civil Case 5892), between Janita Eduave vs. Heirs of Antonio Factura, which was the subject of judgment by compromise in view of the amicable settlement of the parties, dated 31 May 1979. The heirs of Antonio Factura had ceded a portion of the land with an area of 1,289 sq. m., to Janita Eduave in a notarial document of conveyance, pursuant to the decision of the CFI, after a subdivision of the lot 62 Pls-799, and containing 1,289 sq. m. was designated as Lot 62-A, and the subdivision plan was approved as Pls-799-Psd-10-001782. 

Eduave also applied for concession with the Bureau of Mines to extract 200 m3 of grave, and after an ocular inspection the permit was granted. Eduave, after permit was granted, entered into an agreement with Tagoloan Aggregates to extract sand and gravel, which agreement was registered in the office of the Register of Deeds.Maximo and Anuncita Jagualing assert that they are the real owners of the land in litigation containing an area of 18,000 sq. m. During the typhoon Ineng in 1964 the river control was washed away causing the formation of an island. Jagualing started occupying the land in 1969, paid land taxes as evidenced by tax declaration 26380 and tax receipts, and tax clearances. Actual occupation of the land by Jagualing included improvements and the house.Rudygondo and Janita Eduave filed with the RTC Misamis Oriental an action to quiet title and/or remove a cloud over the property in question against Jagualing. On 17 July 1987 the trial court dismissed the complaint for failure of Eduave to establish by preponderance of evidence their claim of ownership over the land in litigation. The court found that the island is a delta forming part of the river bed which the government may use to reroute, redirect or control the course of the Tagoloan River. Accordingly, it held that it was outside the commerce of man and part of the public domain, citing Article 420 of the Civil Code. As such it cannot be registered under the land registration law or be acquired by prescription. The trial court, however, recognized the validity of Jagualing's possession and gave them preferential rights to use and enjoy the property. The trial court added that should the State allow the island to be the subject of private ownership, the Jagualings have rights better than that of Eduave.On appeal to the Court of Appeals, the court found that the island was formed by the branching off of the Tagoloan River and subsequent thereto the accumulation of alluvial deposits. Basing its ruling on Articles 463 and 465 of the Civil Code, the Court of Appeals reversed the decision of the trial court, declared Eduave as the lawful and true owners of the land subject of the case and ordered Jagualing to vacate the premises and deliver possession of the land to Eduave. Hence, the present petition.RULING:The Supreme Court found no error committed by the appellate court, denied the petition for lack of sufficient merit, and affirmed the decision of the Court of Appeals; without pronouncement as to costs.

CASE NO. 102G.R. No. 40399. February 6, 1990Agne v. Director of LandsFACTS:The land subject matter of the case was originally covered by Free Patent 23263 issued on 17 April 1937 in the name of Herminigildo Agpoon. On 21 May 1937, pursuant to the said patent, the Register of Deeds of Pangasinan issued to said Herminigildo Agpoon OCT 2370. Presentacion Agpoon Gascon inherited the said parcel of land upon the death of her father, Herminigildo, and was issued TCT 32209 on 6 April 1960. Presentacion declared the said land for taxation purposes in her name under TD 11506 and taxes were paid thereon in her name.On 13 April 1971, spouses Joaquin and Presentacion Gascon filed Civil Case U-2286 in the then CFI Pangasinan for recovery of possession and damages against Marcelino C. Agne, Felix Oriane, Agaton Taganas (represented by Florentino C. Taganas), Hilario Escorpizo, Isabelo Mauricio, Heirs of Roman Damaso (Jorge Damaso and Alejandro Damaso), Heirs of Francisco Ramos (Encarnacion R. Leano and Dominga R. Medrano), Heirs of Sabina Gelacio Agapito (Serapio Agapito and Nicolasa Agapito), Feliza Diccion Agne, Estanislao Gorospe (represented by Elizabeth G. Badua), Librado Badua, Nicolas Villanieva, Heirs of Carlos Palado (Fortunata Palado and Isabelita Palado), Primitivo Taganas, Panfilo Soingco, Bernardo Palattao, Marcelino S. Santos and Paulino D. Agne Jr. (minor, represented by Feliza Diccion Agne). Their complaint states that they are the registered owners under TCT 32209 of the parcel of land situated in Barrio Bantog, Asingan, Pangasinan which is now in the possession of Agne, et.al.; that during the Japanese occupation, the latter, taking advantage of the abnormal conditions then obtaining, took possession of said land by means of fraud, stealth, strategy and intimidation; that Gascon repeatedly demanded the surrender of the physical possession of said property but the latter refused.Agne, et.al. alleged that the land in question was formerly a part of the river bed of the Agno-Chico River; that in the year 1920, a big flood occurred which caused the said river to change its course and abandon its original bed; that by virtue of the provisions of Article 370 of the Spanish Civil Code which was then the law in force, Agne, et.al., by operation of law, became the owners by accession or accretion of the respective aliquot parts of said river bed bordering their properties; that since 1920, they and their predecessors in interest occupied and exercised dominion openly and adversely over said portion of the abandoned river bed in question abutting their respective riparian lands continuously up to the present to the exclusion of all other persons, particularly Herminigildo Agpoon; that they have introduced improvements thereon by constructing irrigation canals and planting trees and agricultural crops thereon and converted the land into a productive area.

On 6 March 1974, while the above case was still pending, Agne, et.al. filed a complaint against Director of Lands and spouses Agpoon with the former CFI Pangasinan for annulment of title, reconveyance of and/or action to clear title to a parcel of land, which action was docketed as Civil Case U-2649. Agne, et. al.

alleged in their said complaint that the land in question, which was formerly a portion of the bed of Agno-Chico river which was abandoned as a result of the big flood in 1920, belongs to them pursuant to the provision of Article 370 of the old Civil Code; that it was only on 13 April 1971, when spouses filed a complaint against them, that they found out that the said land was granted by the Government to Herminigildo Agpoon under Free Patent 23263, pursuant to which OCT 2370 was issued in the latter's name; and that the said patent and subsequent titles issued pursuant thereto are null and void since the said land, an abandoned river bed, is of private ownership and, therefore, cannot be the subject of a public land grant.On 21 June 1974, the trial court rendered a decision in Civil Case U-2286, ordering Agne, et.al. to surrender physical possession of land in question, to pay in soludum the produce of the land (P5,000 per year) from the date of the filing of the action at the rate of 6% interest per annum until fully paid; to pay in solidum the amount of P800 representing attorney's fees; and to pay the costs.Agne, et.al. appealed to the appellate court. On 30 January 1985 the former IAC affirmed in toto in AC-GR CV 60388-R the decision of the trial court, and with the denial of Agne et.al.'s motion for reconsideration, Agne, et.al. filed a petition for review on certiorari with the Supreme Court (GR 72255).On 24 June 1974, the CFI Pangasinan, acting on the motion to dismiss filed by the Director of Lands and spouses Agpoon, issued an order dismissing Civil Case U-2649 for annulment of title by merely citing the statement in the case of Antonio, et al. vs. Barroga, et al. that an action to annul a free patent many years after it had become final and indefeasible states no cause of action. Agne, et.al's motion for the reconsideration of the order was denied on 11 September 1974, hence the petition for review on certiorari (GR L-40399).RULING:The Supreme Court reversed and set aside the assailed decision of IAC in AC-GR CV 60388-R and the questioned order of dismissal of the trial court in its Civil Case 2649, and rendered judgment ordering the Gascon to reconvey the parcel of land to Agne, et.al.

CASE NO. 103G.R. No. 77294. December 12, 1988Viajar vs. CA

FACTS:The spouses Ricardo and Leonor Ladrido were the owners of Lot 7511 of the Cadastral Survey of Pototan situated in barangay Cawayan, Pototan, Iloilo (154,267 sq. ms., TCT T-21940 of the Register of Deeds of Iloilo). Spouses Rosendo and Ana Te were also the registered owners of a parcel of land described in their title as Lot 7340 of the Cadastral Survey of Pototan. On 6 September 1973, Rosendo Te, with the conformity of his wife, sold this lot to Angelica F. Viajar and Celso F. Viajar for P5,000.A Torrens title was later issued in the latter's names. Later, Angelica Viajar had

Lot 7340 relocated and found out that the property was in the possession of Ricardo Y. Ladrido. Consequently, she demanded its return but Ladrido refused.The piece of real property which used to be Lot 7340 of the Cadastral Survey of Pototan was located in barangay Guibuanogan, Pototan, Iloilo; that it consisted of 20,089 sq.ms.; that at the time of the cadastral survey in 1926, Lot 7511 and Lot 7340 were separated by the Suague River; that the area of 11,819 sq.ms of what was Lot 7340 has been in the possession of Ladrido; that the area of 14,036 sq.ms., which was formerly the river bed of the Suague River per cadastral survey of 1926, has also been in the possession of Ladrido; and that the Viajars have never been in actual physical possession of Lot 7340.On 15 February 1974, Angelica and Celso Viajar instituted a civil action for recovery of possession and damages against Ricardo Y. Ladrido (Civil Case 9660) with the CFI Iloilo. Summoned to plead, Ladrido filed his answer with a counterclaim. The Viajars filed their reply to the answer. Subsequently, the complaint was amended to implead Rosendo Te as another defendant. The Viajars sought the annulment of the deed of sale and the restitution of the purchase price with interest in the event the possession of defendant Ladrido is sustained. Te filed his answer to the amended complaint and he counterclaimed for damages. The Viajars answered the counterclaim. During the pendency of the case, Celso Viajar sold his rights over Lot 7340 to his mother and co-plaintiff, Angelica F. Viajar. For this reason, Angelica F. Viajar appears to be the sole registered owner of the lot. On 25 May 1978, Ricardo Ladrido died. He was substituted in the civil action by his wife, Leonor P. Ladrido, and children, namely: Lourdes Ladrido-Ignacio, Eugenio P. Ladrido and Manuel P. Ladrido, as parties defendants. After trial on the merits, a second amended complaint which included damages was admitted. On 10 December 1981, the trial court rendered its decision in favor of Ladrido, dismissing the complaint of Angelica and Celso Viajar with costs against them, declaring Leonor P. Ladrido, Lourdes Ladrido-Ignacio, Eugenio P. Ladrido and Manuel P. Ladrido as owner of the parcel of land indicated as Lots A and B in the sketch plan situated in barangays Cawayan and Guibuanogan, Pototan, Iloilo, and containing an area of 25,855 sq.ms., and pronouncing that as owners of the land, the Ladridos are entitled to the possession thereof.Not satisfied with the decision, the Viajars appealed to the Court of Appeals. The Court of Appeals affirmed the decision of the court a quo on 29 December 1986 (CA-GR CV 69942). The Viajars filed a petition for review on certiorari.RULING:The Supreme Court dismissed the petition for lack of merit without pronouncement as to costs.

CASE NO. 104

G.R. No. 18771. March 26, 1923Panlilio v. MercadoFACTS:

Nicolas Panlilio, Eutiquiano Cuyugan, and Sixto Timbol (plaintiffs) are the owners of various parcels of land in the municipality of Mexico, Pampanga. From 1911 until August, 1919, the parcels of land belonging to them were divided by a small river known as the Estero Abacan. The defendants Atilano Mercado and Ciriaco Pimping are the owners of various parcels of land which, previously to the month of August 1919, were situated to the east of the land of the plaintiffs and were not touched by the Abacan River. During the said month, a very heavy flood occurred in the Abacan River and when the flood subsided, the river no longer flowed in the channel through the lands of the plaintiffs but had opened a new course for itself through the lands of the defendants where it still continues to flow. This new course was the course of the river previous to the year 1911.It may be noted that in the years 1916 and 1917 a cadastral survey was made of the district where the lands of both the plaintiffs and the defendants are situated and that upon the plans of that survey the then course of the river is excluded from the cadaster and set apart as a public stream.After the termination of the 1919 rainy season and early in the year 1920, a complaint was made to the provincial board of Pampanga by various land owners, including the defendants Atilano Mercado and Ciriaco Pimping, setting forth that the new course of the river was destroying their land and rendering it useless and asking that the river be returned to its former channel. The complaint was endorsed to the district engineer and on 10 June 1920, the defendants Atilano Mercado and Ciriaco Pimping, accompanied by the defendant district engineer (Manuel Reyes), proceeded to the point where the river had first begun to change its course, and after locating this point upon the cadastral plan, proceeded with laborers of the defendants Atilano Mercado and Ciriaco Pimping to excavate the old bed of the river for the purpose of causing the river to return to this bed.On 25 June 1920, a petition for a writ of injunction was filed by the plaintiffs to restrain the defendants from entering upon the lands, and from disturbing the plaintiffs in their peaceful possession of the same. They also pray for damages for trespass on the land. 

Defendant Mercado and Pimping set up a counterclaim for P40,000, alleging that the plaintiffs, by placing bamboo stakes in the River Abacan, caused it to change its course, thus invading said defendants' lands and causing damages in the sum mentioned. 

The court absolved the defendants (landowners Mercado and Pimping, district engineer Manuel Reyes, and Pampanga Constabulary Commander Telesforo Martinez) from the complaint and the plaintiffs from the counterclaim, without cost. From this judgment, all of the parties appeal.RULING:The Supreme Court affirmed the judgment appealed from, without cost.