3Santulan v.

Executive Secretary

This case involves a parcel of foreshore land of the public domain located in Kawit, Cavite adjacent
Bacoor Bay and the Ankaw Creek.
The rival claimants, Santulan and Lusin, had been succeeded by their heirs. They both claimed that
that foreshore land is an extension of their respective lands and it was allegedly formed by soil
deposits accumulated by the alluvial action of the sea. They both applied for foreshore lease
applications wherein the Dir. Of Lands ruled that the disputed foreshore land was subject "to
riparian rights which may be invoked by Santulan as owner of the upland, rejecting
Lusin's application and gave due course to Santulan's foreshore lease application. Lusin’s appeals
were subsequently denied.
Lusin appealed to the President of the Philippines which sustained Lusin's appeal reasoning that
the land in question has not been declared open for disposition and is not necessary for the public
service. Hence, this appeal.
Issue: WON Santulan is the owner of the subject land.
Ruling: Yes. Santulan as the riparian owner has the preferential right to lease the land.
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 fronting the river bank where the alluvium is deposited is called the
riparian owner distinguished from the littoral owner, the latter being the owner of the land
bordering the shore of the sea or lake or other tidal waters.
The reason for that preferential right is that accretion compensates the riparian owner for the
diminutions which his land suffers by reason of the destructive force of the waters.

4Cortez v. City of Manila

Maximo Cortes filed a written application for the registration of a parcel of land owned by him
situated in the district of Binondo. The City of Manila filed an opposition contending that a portion
of the Meisic Creek belonging to the former was included in Cortez’ application.

The decision sustained the opposition of city of Manila ordering the registration with amended
description in favor of Cortez. Cortez appealed, reasoning that the portion of land included in the
technical description has been gradually formed by alluvion, as the result of the current in the
Meisic Creek and such belongs by right of accretion to the riparian owner.

Issue: WON Cortez owns the disputed portion of land.

Ruling:
Yes. The alluvium, by virtue of Art. 366 now 457 of the Civil Code is automatically owned by the
riparian owner from the moment the soil deposit can be seen.

The accretions which banks of rivers may gradually receive from the effects of the currents belong
to the owners of the estates bordering thereon.