Haystack: Binalay v. Manalo (GR 92161, 18 March 1991)

Binalay v. Manalo
[G.R. No. 92161. March 18, 1991.]
Third Division, Feliciano (J): 4 concur

Facts: The late Judge Taccad originally owned a parcel of land situated in Tumauini, Isabela having an estimated area of 20 hectares. The western portion of this land bordering on the Cagayan River has an elevation lower than that of the eastern portion which borders on the national road. Through the years, the western portion would periodically go under the waters of the Cagayan River as those waters swelled with the coming of the rains. The submerged portion, however, would re-appear during the dry season from January to August. It would remain under water for the rest of the year. On 9 May 1959, Guillermo Manalo acquired 8.65 hectares thereof from Faustina Taccad, daughter of Judge Juan Taccad (N: Francisco Forto, E: National Road, S: Julian Tumolva, W: Cagayan River). In 1964, Manalo purchased another 1.80 hectares from Gregorio Taguba who had earlier acquired the same from Judge Taccad (N: Balug Creek, S: Faustina Taccad [now Manalo], E: Provincial Road, W: Cagayan river). On 21 October 1969, during the rainy season, the two parcels of land were consolidated as one lot during the cadastral survey at Balug, Tamauini, Isabela (Lot 307, 1.8 hectares + 2.9489 hectares of 8.65 hectares purchased; the other portion under water was left unsurveyed).

The Cagayan River running from south to north, forks at a certain point to form two (2) branches — the western and the eastern branches — and then unites at the other end, further north, to form a narrow strip of land. The eastern branch of the river cuts through the land of and is inundated with water only during the rainy season. The bed of the eastern branch is the submerged or the unsurveyed portion of the land belonging to Manalo. For about 8 months of the year when the level of water at the point where the Cagayan River forks is at its ordinary depth, river water does not flow into the eastern branch. While this condition persists, the eastern bed is dry and is susceptible to cultivation. The elongated strip of land formed by the western and the eastern branches of the Cagayan River looked very much like an island. This strip of land was surveyed on 12 December 1969. It was found to have a total area of 22.7209 hectares and was designated as Lot 821 (10.8122 hectares) and Lot 822 (11.9087).. Lot 821 is located directly opposite Lot 307 and is separated from the latter only by the eastern branch of the Cagayan River during the rainy season and, during the dry season, by the exposed, dry river bed, being a portion of the land bought from Faustina Taccad. Manalo claims that Lot 821 also belongs to him by way of accretion to the submerged portion of the property to which it is adjacent.

Binalay, et.al., other hand, who are in possession of Lot 821 insist that they own Lot 821. They occupy the outer edges of Lot 821 along the river banks, i.e., the fertile portions on which they plant tobacco and other agricultural products. They also cultivate the western strip of the unsurveyed portion during summer. This situation compelled Manalo to file a case for forcible entry against petitioners on 20 May 1969. The case was dismissed by the Municipal Court of Tumauini, Isabela for failure of both parties to appear. On 15 December 1972, Manalo again filed a case for forcible entry against petitioners. The latter case was similarly dismissed for lack of jurisdiction by the Municipal Court of Tumauini, Isabela.

On 24 July 1974, Manalo filed a complaint before the then CFI Isabela, Branch 3 for quieting of title, possession and damages against petitioners. He prayed that judgment be entered ordering petitioners to vacate the western strip of the unsurveyed portion, and prayed that judgment be entered declaring him as owner of Lot 821 on which he had laid his claim during the survey. On 10 November 1982, the trial court rendered a decision declaring Manalo as the lawful owner of Lot 821 and ordering Binalay, et.al. to vacate the premises of Lot 821 and restraining them further from entering said premises; without pronouncement as to costs. Binalay, et.al. appealed to the Court of Appeals which, however, affirmed the decision of the trial court. They filed a motion for reconsideration, without success. In effect, both courts rejected the assertion that the depression on the earth's surface which separates Lot 307 and Lot 821 is, during part of the year, the bed of the eastern branch of the Cagayan River.

The Supreme Court set aside the decision of Court of Appeals in CA-GR CV 04892, declared Manalo as the owner of Lot 307, and declared that the regularly submerged portion or the eastern bed of the Cagayan River to be property of public dominion. The Court also declared that the ownership of Lot 821 shall be determined in an appropriate action that may be instituted by the interested parties inter se; without pronouncement as to costs.

1. Finding of facts by lower courts entitled to great respect; Whether the conclusion reached thereafter is correct is a question of law
It is a familiar rule that the findings of facts of the trial court are entitled to great respect, and that they carry even more weight when affirmed by the Court of Appeals. This is in recognition of the peculiar advantage on the part of the trial court of being able to observe first-hand the deportment of the witnesses while testifying. Jurisprudence is likewise settled that the Court of Appeals is the final arbiter of questions of fact. But whether a conclusion drawn from such findings of facts is correct, is a question of law cognizable by the Supreme Court. In the present case, the conclusion reached by both courts below apparently collides with their findings that periodically at the onset of and during the rainy season, river water flows through the eastern bed of the Cagayan River.

2. Government of the Philippine Islands v. Colegio de San Jose not applicable to present case
Government of the Philippine Islands vs. Colegio de San Jose is not applicable to the present case. That case involved Laguna de Bay; since Laguna de Bay is a lake, the Court applied 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 disputed property. Specifically, the Court applied the definition of the natural bed or basin of lakes found in Article 74 of the Law of Waters of 3 August 1866. Upon the other hand; what is involved in the instant case is the eastern bed of the Cagayan River.

3. Article 70 of the Law of Waters applicable, not Article 74
Article 70 of the Law of Waters of 3 August 1866 is the law applicable to the present case. Article 70 provides that “the natural bed or channel of a creek or river is the ground covered by its waters during the highest floods". Article 70 defines the natural bed or channel of a creek or river as the ground covered by its waters during the highest floods. The highest floods in the eastern branch of the Cagayan River occur with the annual coming of the rains as the river waters in their onward course cover the entire depressed portion. The conclusion of the Court that the depressed portion is a river bed rests upon evidence of record. The description of the lot acquired from Taguba and the other from Taccad refer to the dried up bed or the eastern branch of the river as the Cagayan River serving as the western boundary in the Deeds of Sale. Further, Manalo himself, during direct examination, depict the depressed portion separating Lot 821 and Lot 307 as a river bed. The dike-like slope of such depression, or such topographic feature, is compatible with the fact that huge volume of water passes through the eastern bed regularly during the rainy season. Even if there is no record of when the Cagayan River began to carve its eastern channel, the bed already existed even before the sale of the land to Manalo (with the bed being referred to as “old bed” or even “Rio Muerte de Cagayan”).

4. Private ownership of the bed of a river cannot be acquired as the land constituted property of public dominion; Article 420 applies to existing beds, Article 462 applies to new beds in relation to Article 457 (Accretion)
Pursuant to Article 420 of the Civil Code, Manalo did not acquire private ownership of the bed of the eastern branch of the river even if it was included in the deeds of absolute sale executed by Gregorio Taguba and Faustina Taccad in his favor. These vendors could not have validly sold land that constituted property of public dominion. Article 420 of the Civil Code states that “(1) those intended for public use, such as roads, canals, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character;” and “(2) those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth" are property of public dominion. Although Article 420 speaks only of rivers and banks, "rivers" is a composite term which includes: (1) the running waters, (2) the bed, and (3) the banks. Manresa, in commenting upon Article 339 of the Spanish Civil Code of 1889 from which Article 420 of the Philippine Civil Code was taken, stressed the public ownership of river beds. Still, evven if it were alleged and proved that the Cagayan River first began to encroach on his property after the purchase from Gregorio Taguba and Faustina Taccad; Article 462 of the Civil Code would then apply divesting, by operation of law, Manalo of private ownership over the new river bed.

5. Accretion, requisites
Accretion as a mode of acquiring property under Article 457 of the Civil Code requires the concurrence of three (3) requisites: (a) that the deposition of soil or sediment be gradual and imperceptible; (b) that it be the result of the action of the waters of the river (or sea); and (c) that the land where accretion takes place is adjacent to the banks of rivers (or the sea coast). In the present case, the Court notes that the parcels of land bought by Manalo border on the eastern branch of the Cagayan River. Any accretion formed by this eastern branch which Manalo may claim must be deposited on or attached to Lot 307. As it is, the claimed accretion (Lot 821) lies on the bank of the river not adjacent to Lot 307 but directly opposite Lot 307 across the river.

6. Alluvial process is slow and gradual, not sudden and forceful
Assuming (arguendo only) that the Cagayan River referred to in the Deeds of Sale transferring ownership of the land to Manalo is the western branch, the decision of the Court of Appeals and of the trial court are bare of factual findings to the effect that the land purchased by Manalo received alluvium from the action of the river in a slow and gradual manner. On the contrary, the flooding, that caused the land to reappear making it susceptible to cultivation, is sudden and forceful action, and is hardly the alluvial process contemplated under Article 457 of the Civil Code. It is the slow and hardly perceptible accumulation of soil deposits that the law grants to the riparian owner.

7. Size of land considered alluvium and topography of land negates conclusion of increment
It is important to note that Lot 821 has an area of 11.91 hectares. Lot 821 (11.91 hectares) is the northern portion of the strip of land having a total area of 22.72 hectares. It is difficult to suppose that such a sizable area as Lot 821 resulted from slow accretion to another lot of almost equal size. The total landholding purchased by Manalo is 10.45 hectares, even smaller than Lot 821 which he claims by way of accretion. Further, there are steep vertical dike-like slopes separating the depressed portion or river bed and Lot 821 and Lot 307. This topography of the land, among other things, precludes a reasonable conclusion that Lot 821 is an increment to the depressed portion by reason of the slow and constant action of the waters of either the western or the eastern branches of the Cagayan River.

8. Quieting of title requires equitable title or interest in subject real property
Under Article 477 of the Civil Code, the plaintiff in an action for quieting of title must at least have equitable title to or interest in the real property which is the subject matter of the action. The evidence of record on this point is less than satisfactory, such as that both parties claim adverse possession of Lot 821 and both parties presenting tax declarations on the subject land; thus the Court feels compelled to refrain from determining the ownership and possession of Lot 821, adjudging neither petitioners nor respondent Manalo as owner(s) thereof.

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