G.R. No.

L-61647 October 12, 1984

REPUBLIC OF THE PHILIPPINES (DIRECTOR OF LANDS), petitioner,

vs.
THE HON. COURT OF APPEALS, BENJAMIN TANCINCO, AZUCENA TANCINCO REYES,
MARINA TANCINCO IMPERIAL and MARIO C. TANCINCO, respondents.

The Solicitor General for petitioner.

Martin B. Laurea for respondents.

GUTIERREZ, JR., J.: ñé+.£ªwph! 1

This is a petition for certiorari to set aside the decision of the respondent Court of Appeals (now
Intermediate Appellate Court) affirming the decision of the Court of First Instance of Bulacan, Fifth
Judicial District, Branch VIII, which found that Lots 1 and 2 of Plan Psu-131892 are accretion to the
land covered by Transfer Certificate of Title No. 89709 and ordered their registration in the names of
the private respondents.

Respondents Benjamin Tancinco, Azucena Tancinco Reyes, Marina (should be "Maria") Tancinco
Imperial and Mario C. Tancinco are registered owners of a parcel of land covered by Transfer
Certificate of Title No. T-89709 situated at Barrio Ubihan, Meycauayan, Bulacan bordering on the
Meycauayan and Bocaue rivers.

On June 24, 1973, the private respondents filed an application for the registration of three lots
adjacent to their fishpond property and particularly described as follows: têñ.£îhqw â£

Lot 1-Psu-131892
(Maria C. Tancinco)

A parcel of land (lot 1 as shown on plan Psu-131892), situated in the Barrio of

Ubihan, Municipality of Meycauayan, Province of Bulacan. Bounded on the NE.,
along line 1-2, by Lot 3 of plan Psu-131892; on the SE., along lines 2-3-4, by
Meycauayan River; on the S.W., along fines 4-5-6-7-8-9, by Bocaue River; on the
NE., along line 9-10, by property of Joaquina Santiago; on the E., NE., and NW.,
along lines 10-11-12-1, by property of Mariano Tancinco (Lot 2, Psu-111877). ...
containing an area of THIRTY THREE THOUSAND NINE HUNDRED THIRTY
SEVEN (33,937) SQUARE METERS. ...

Lot 2-Psu-131892
(Maria C. Tancinco)

A parcel of land (Lot 2 as shown on plan Psu-131892), situated in the Barrio of

Ubihan, Municipality of Meycauayan, Province of Bulacan. Bounded on the E., along
line 1-2, by property of Rafael Singson; on the S., along line 2-3, by Meycauayan
River; on the SW., along line 3-4, by Lot 3 of plan Psu-131892; and on the N., along
line 4-1, by property of Mariano Tancinco (Lot 1, Psu-111877). ... containing an area
of FIVE THOUSAND FOUR HUNDRED FIFTY THREE (5,453) SQUARE METERS.
...
 Lot 3-Psu-131892
(Maria C. Tancinco)

A parcel of land (Lot 3 as shown on plan Psu-131892), situated in the Barrio of

Ubihan, Municipality of Meycauayan, Province of Bulacan. Bounded on the NE.,
along line 1-2, by property of Mariano Tancinco (Lot 1, Psu-111877); and along line
2-3, by Lot 2 of plan Psu-131892; on the S., along line 3-4, by Meycauayan River, on
the SW., along line 4-5, by Lot 1 of plan Psu-131892; and along line 5-6 by property
of Mariano Tancinco (Lot 2, Psu-111877), and on the NW., along line 6-1, by
property of Joaquina Santiago. ... containing an area of ONE THOUSAND NINE
HUNDRED EIGHTY FIVE (1,985) SQUARE METERS. ...

On April 5, 1974, Assistant Provincial Fiscal Amando C. Vicente, in representation of the Bureau of
Lands filed a written opposition to the application for registration.

On March 6, 1975, the private respondents 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 March 7, 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 June 26, 1976, the lower court rendered a decision granting the application on the finding that
the lands in question are accretions to the private respondents' fishponds covered by Transfer
Certificate of Title No. 89709. The dispositive portion of the decision reads:
têñ.£îhqwâ£

WHEREFORE, it appearing that Lots 1 & 2 of plan Psu-131892 (Exh. H) are

accretions to the land covered by Transfer Certificate of Title No. 89709 of the
Register of Deeds of Bulacan, they belong to the owner of said property. The Court,
therefore, orders the registration of lots 1 & 2 situated in the barrio of Ubihan,
municipality of Meycauayan, province of Bulacan, and more particularly described in
plan Psu-131892 (Exh. H) and their accompanying technical descriptions (Exhs. E,
E-1) in favor of Benjamin Tancinco, married to Alma Fernandez and residing at 3662
Heatherdown, Toledo, Ohio 43614 U.S.A.; Azucena Tancinco Reyes, married to Alex
Reyes, Jr., residing at 4th St., New Manila, Quezon City; Marina Tancinco Imperial,
married to Juan Imperial, residing at Pasay Road, Dasmariñas Village, Makati, Rizal;
and Mario C. Tancinco, married to Leticia Regidor, residing at 1616 Cypress St.,
Dasmariñas Village, Makati, Rizal, all of legal age, all Filipino citizens.

On July 30, 1976, the petitioner Republic appealed to the respondent Court of Appeals.

On August, 19, 1982, the respondent Court rendered a decision affirming in toto the decision of the
lower court. The dispositive portion of the decision reads:têñ.£îhqwâ£

DAHIL DITO, ang hatol na iniakyat ay sinasangayunan at pinagtitibay sa kanyang

kabuuan nang walang bayad.

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. Thus in Carolina Industries Inc. v. CMS Stock Brokerage,
Inc. (97 SCRA 734) we held that this 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.

There are facts and circumstances in the record which render untenable the findings of the trial court
and the Court of Appeals that the lands in question are accretions to the private respondents'
fishponds.

The petitioner submits that 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 River, 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.

On the other hand, the private respondents rely on the testimony of Mrs. Virginia Acuña to the effect
that:têñ.£îhqwâ£

xxx xxx xxx

... when witness first saw the land, namely, Lots 1 & 2, they were already dry almost
at the level of the Pilapil of the property of Dr. Tancinco, and that from the boundaries
of the lots, for about two (2) arms length the land was still dry up to the edge of the
river; that sometime in 1951, a new Pilapil was established on the boundaries of Lots
1 & 2 and soil from the old Pilapil was transferred to the new Pilapil and this was
done sometime in 1951; that the new lots were then converted into fishpond, and
water in this fishpond was two (2) meters deep on the side of the Pilapil facing the
fishpond ... .

The private respondents submit that the foregoing evidence establishes the fact of accretion without
human intervention because the transfer of the dike occurred after the accretion was complete.

We agree with the petitioner.

Article 457 of the New Civil Code provides: têñ.£îhqw â£

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.

The above-quoted article 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.

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. We agree with the observation of the Solicitor
General that it is preposterous to believe that almost four (4) hectares of land came into being
because of the effects of the Meycauayan and Bocaue rivers. The lone witness of the private
respondents who happens to be their overseer and whose husband was first cousin of their father
noticed the four hectare accretion to the twelve hectare fishpond only in 1939. The respondents
claim that at this point in time, accretion had already taken place. If so, their witness was
incompetent to testify to a gradual and imperceptible increase to their land in the years before
1939. However, the witness testified that in that year, she observed an increase in the area of the
original fishpond which is now the land in question. If she was telling the truth, the accretion was
sudden. However, 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. The land
sought to be registered is not even dry land cast imperceptibly and gradually by the river's current on
the fishpond adjoining it. It is under two meters of water. The private respondents' own evidence
shows that the water in the fishpond is two meters deep on the side of the pilapil facing the fishpond
and only one meter deep on the side of the pilapil facing the 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). Hence, 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.

We agree with the submission of the Solicitor General that the testimony of the private respondents'
lone witness to the effect that as early as 1939 there already existed such alleged alluvial deposits,
deserves no merit. It should be noted that the lots in question were not included in the survey of
their adjacent property conducted on May 10, 1940 and in the Cadastral Survey of the entire
Municipality of Meycauayan conducted between the years 1958 to 1960. The alleged accretion
was declared for taxation purposes only in 1972 or 33 years after it had supposedly permanently
formed. The only valid conclusion therefore is that the said 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.

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.

WHEREFORE, the instant petition is GRANTED. The decision appealed from is hereby REVERSED
and SET ASIDE. The private respondents are ordered to move back the dikes of their fishponds to
their original location and return the disputed property to the river to which it belongs.

SO ORDERED. 1äw phï1.ñët

Teehankee, Actg. C.J., Melencio-Herrera, Plana, Relova and De la Fuente, JJ., concur.