Beruflich Dokumente
Kultur Dokumente
(she reasoned out that she included the land that was under
G.R. No. 94283; March 4, 1991 water).
GANCAYCO, J. ○ The land eroded sometime in November 1964 due to typhoon Ineng,
By: Galvez destroying the bigger portion and the improvements leaving only a
____________________________________________________________________ coconut tree.
Petitioner: MAXIMO JAGUALING, ANUNCITA JAGUALING and MISAMIS ORIENTAL ○ In 1966 due to the movement of the river deposits on the land that
CONCRETE PRODUCTS, INC., was not eroded increased the area to almost half a hectare and in
Respondent: COURT OF APPEALS (FIFTEENTH DIVISION), JANITA F. EDUAVE and 1970 Eduave started to plant banana trees.
RUDYGONDO EDUAVE ○ In 1973, Maximo and Anuncita Jagualing asked for Eduave’s
permission to plant corn and bananas provided that they prevent
Doctrine: squatters to come to the area.
1. Art. 463 of the Civil Code allows the ownership over a portion of land ○ Eduave engaged the services of a surveyor who conducted a survey
separated or isolated by river movement to be retained by the owner thereof and placed concrete monuments over the land.
prior to such separation or isolation. ○ Eduave also paid taxes on the land in litigation, and mortgaged the
2. Under Article 465 of the Civil Code, the island belongs to the owner of the land to the Luzon Surety and Co., for a consideration of P6,000.00.
land along the nearer margin as sole owner thereof; or more accurately, ○ Eduave entered into an agreement with Tagoloan Aggregates to
because the island is longer than the property of private respondent, they are extract sand and gravel, which agreement was registered in the
ipso jure to be the owners of that portion which corresponds to the length of office of the Register of Deeds.
their property along the margin of the river. ● Petitioners - Maximo and Anuncita Jagualing: denied the claim of ownership
____________________________________________________________________ of the appellant, and asserted that they are the real owners of the land in
FACTS: litigation containing an area of 18,000 square meters more or less.
● The parties to this case dispute the ownership of a certain parcel of land ○ During the typhoon Ineng in 1964 the river control was washed away
located in Sta. Cruz, Tagoloan, Misamis Oriental with an area of 16,452 causing the formation of an island. Jagualing started occupying the
square meters, more or less, forming part of an island in a non-navigable land in 1969, paid land taxes as evidenced by tax declaration 26380
river. and tax receipts, and tax clearances. Actual occupation of the land
● Private respondents, Rudygondo and Janita Eduave, filed with the Regional by Jagualing included improvements and the house.
Trial Court of Misamis Oriental an action to quiet title and/or remove a cloud ● RTC: dismissed the complaint; the island is a delta forming part of the river
over the property in question against petitioners. bed which the government may use to reroute, redirect or control the course
● The evidence for the parties (to show ownership) are as follows: of the Tagaloan River, hence, outside the commerce of man and part of the
● Janita Eduave (Eduave): she inherited the land from her father, Felomino public domain (Art. 420.)
Factura, together with his co-heirs, Reneiro Factura and Aldenora Factura, ● CA: reversed the RTC’s decision; the island was formed by the branching off
and acquired sole ownership of the property by virtue of a Deed of Extra of the Tagoloan River and subsequent thereto the accumulation of alluvial
Judicial Partition with sale. The land is declared for tax purposes under Tax deposits. Declared private respondents as the lawful and true owners of the
Declaration 26137 with an area of 16,452 sq. m. disputed land and ordered petitioner to vacate.
○ That since the death of her father on 5 May 1949, Eduave had been
in possession of the property although the tax declaration remains in ISSUE: Between the (a) one who has actual possession of an island that forms in a
the name of the deceased father. non-navigable and non-flotable river and (b) the owner of the land along the margin
○ The entire land had an area of 16,452 sq. m. appearing in the deed of nearest the island, who has the better right thereto (the island)?
extrajudicial partition, while in tax declaration the area is only 4,937
NOTE: ○ It was not even controverted that private respondents are the owners
● Petitioner: has the actual possession over the island as will be discussed of a parcel of land along the margin of the river and opposite the
below. island.
● Respondent: the owner of the land along the margin nearest the island. ● On the other hand, private respondents do not dispute that the island in
question has been in the actual physical possession of petitioners;
RULING: The owner of the land along the margin nearest the island had a better ○ private respondents insist only that such possession by petitioners is
right. in the concept of caretakers thereof with the permission of private
respondents.
Private respondents were able to establish the existence and identity of their ● It is well-settled that lands formed by accretion belong to the riparian owner.
property prior to the branching off or division of the Tagoloan River This preferential right is, under Art. 465, also granted the owners of the land
● The trial court disregarded the testimony of the private respondents located in the margin nearest the formed island for the reason that they are
(payment of land taxes, monuments places by the surveyor, agreement in the best position to cultivate and attend to the exploitation of the same.
entered into to extract gravel and sand, presentation in evidence the ● Petitioners may, therefore, acquire said property by adverse possession for
testimony of 2 witnesses) without explaining why it doubted their credibility the required number of years under the doctrine of acquisitive prescription.
and instead merely relied on the self-serving denial of petitioners. ○ Their possession cannot be considered in good faith, however,
● The CA thus properly applied Art. 463 of the Civil Code which allows the because they are presumed to have notice of the status of private
ownership over a portion of land separated or isolated by river movement to respondents as riparian owners who have the preferential right to the
be retained by the owner thereof prior to such separation or isolation. island as recognized and accorded by law.
● Hence, not qualifying as possessors in good faith, they may acquire
Notwithstanding the foregoing, and assuming arguendo as claimed by petitioners, ownership over the island only through uninterrupted adverse possession for
that private respondents were not able to establish the existence and identity of the a period of thirty years.
property prior to the branching off or division of the Tagoloan River, and hence, their ○ By their own admission, petitioners have been in possession of the
right over the same, private respondents are nevertheless entitled under the law to property for only about fifteen years.
their respective portion of the island. ● Since the case is not between parties as opposing riparian owners
● The parcel of land in question is part of an island that formed in a contesting ownership over an accession but rather between a riparian owner
non-navigable and nonflotable river; from a small mass of eroded or and the one in possession of the island, there is no need to make final
segregated outcrop of land, it increased to its present size due to the gradual determination regarding the origins of the island.
and successive accumulation of alluvial deposits.
● In this regard the Court of Appeals also did not err in applying Article 465 of WHEREFORE, We find no error committed by respondent court and DENY the petition
the Civil Code. Under this provision, the island belongs to the owner of the for lack of sufficient merit. The decision of respondent Court of Appeals is hereby
land along the nearer margin as sole owner thereof; or more accurately, AFFIRMED, without pronouncement as to costs.
because the island is longer than the property of private respondent, they
are ipso jure to be the owners of that portion which corresponds to the
length of their property along the margin of the river.
As regards the preferential right under Art. 465
● It is clear that petitioners do not dispute that the land in litigation is an island
that appears in a non-flotable and non-navigable river; they instead anchor
their claim on adverse possession for about 15 years.