Haystack: Republic v. Court of Appeals (GR L-61647, 12 October 1984)

Republic v. CA
[G.R. No. L-61647. October 12, 1984.]
First Division, Gutierrez Jr. (J): 5 concur

Facts: Benjamin Tancinco, Azucena Tancinco Reyes, Maria Tancinco Imperial and Mario C. Tancinco are registered owners of a parcel of land covered by TCT T-89709 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. m.) 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 On 7 March 1975, Lot 3 was ordered withdrawn from the application and trial proceeded only with respect to Lots 1 and 2 covered by Plan Psu-131892.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. Hence, the petition for certiorari to set aside the decision of the CA.

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.

1. Power to review vested in the Court; Binding effect of the findings of facts by lower court not absolute
The rule that the findings of fact of the trial court and the Court of Appeals are binding upon this Court admits of certain exceptions. The Court retains the power to review and rectify the findings of fact of said courts when (1) the conclusion is a finding grounded entirely on speculations, surmises and conjectures; (2) when the inference made is manifestly mistaken, absurd, and impossible; (3) where there is grave abuse of discretion; (4) when the judgment is based on a misapprehension of facts; and (5) when the court, in making its findings, went beyond the issues of the case and the same are contrary to the admissions of both appellant and appellee (Carolina Industries Inc. v. CMS Stock Brokerage, Inc., 97 SCRA 734).

2. No accretion to speak of as the transfer of dikes is man-made and artificial; Article 457 NCC
There is no accretion to speak of under Article 457 of the New Civil Code because what actually happened is that the private respondents simply transferred their dikes further down the river bed of the Meycauayan Rivers, and thus, if there is any accretion to speak of, it is man-made and artificial and not the result of the gradual and imperceptible sedimentation by the waters of the river. Article 457 of the New Civil Code provides that “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."

3. Accretion, requisites
Article 457 requires the concurrence of three requisites before an accretion covered by this particular provision is said to have taken place. They are (1) that the deposit be gradual and imperceptible; (2) that it be made through the effects of the current of the water; and (3) that the land where accretion takes place is adjacent to the banks of rivers.

4. Alluvion as exclusive work of nature indispensable
The requirement that the deposit should be due to the effect of the current of the river is indispensable. This excludes from Art. 457 of the New Civil Code all deposits caused by human intervention. Alluvion must be the exclusive work of nature. In the instant case, there is no evidence whatsoever to prove that the addition to the said property was made gradually through the effects of the current of the Meycauayan and Bocaue rivers; but there is evidence that the alleged alluvial deposits were artificial and man-made and not the exclusive result of the current of the Meycauayan and Bocaue rivers. The alleged alluvial deposits came into being not because of the sole effect of the current of the rivers but as a result of the transfer of the dike towards the river and encroaching upon it.

5. Reason in giving riparian owner the right to any land or alluvion deposited by a river
The reason behind the law giving the riparian owner the right to any land or alluvion deposited by a river is to compensate him for the danger of loss that he suffers because of the location of his land. If estates bordering on rivers are exposed to floods and other evils produced by the destructive force of the waters and if by virtue of lawful provisions, said estates are subject to incumbrances and various kinds of easements, it is proper that the risk or danger which may prejudice the owners thereof should be compensated by the right of accretion. (Cortes v. City of Manila, 10 Phil. 567). In the present case, the riparian owner does not acquire the additions to his land caused by special works expressly intended or designed to bring about accretion. When the private respondents transferred their dikes towards the river bed, the dikes were meant for reclamation purposes and not to protect their property from the destructive force of the waters of the river.

6. Adjudication of land in question as private property is null and void
The conclusion that can be made from said alleged accretion being declared for taxation purposes only in 1972 is that areas could not have been there in 1939. They existed only after the private respondents transferred their dikes towards the bed of the Meycauayan river in 1951. What private respondents claim as accretion is really an encroachment of a portion of the Meycauayan river by reclamation. Thus, the lower court cannot validly order the registration of Lots 1 & 2 in the names of the private respondents. These lots were portions of the bed of the Meycauayan river and are therefore classified as property of the public domain under Article 420 paragraph 1 and Article 502, paragraph 1 of the Civil Code of the Philippines. They are not open to registration under the Land Registration Act. The adjudication of the lands in question as private property in the names of the private respondents is null and void.

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