Title
Agustin vs. Intermediate Appellate Court
Case
G.R. No. 66075-76
Decision Date
Jul 5, 1990
Cagayan River's gradual accretion shifted lands, leading to a dispute over ownership. SC upheld private respondents' claim under Article 457, ruling accretion gradual and imperceptible.

Case Digest (G.R. No. 66075-76)
Expanded Legal Reasoning Model

Facts:

  • Geographic and Cadastral Background
    • The Cagayan River separates Solana (west bank) and Tuguegarao (east bank) in Cagayan Province. In 1919, the Tuguegarao Cadastre covered the east bank; in 1950, the Solana Cadastre covered the west bank.
    • Original Certificate of Title (OCT) No. 5472 was issued in 1925 to Eulogio Agustin for land on the east bank (Lot 8457).
  • Possession and Titling of Private Respondents
    • Pablo Binayug occupied numerous lots on the west bank from 1947, planting tobacco and corn on 8 hectares and clearing 12 hectares of talahib. His Homestead Application No. W-79055 was approved in 1959, and his possession was recognized in Civil Case No. 101.
    • Macario Melad (predecessor of Maria and Timoteo Melad) was issued OCT No. P-5026 for Lot 3351 (5 ha) on June 1, 1956; plaintiffs Maria and Timoteo succeeded his interest.
  • River Movement, Accretion and Avulsion
    • From 1919 to 1968, the Cagayan River gradually shifted eastward, eroding parts of Agustin’s east-bank lands and depositing imperceptible alluvial accretions onto Binayug’s and Melad’s west-bank lots. By 1968, Lot 3351 gained 6.6 ha and Binayug’s homestead gained some 50 ha.
    • In 1968, a flood caused a sudden avulsive change: the river reverted to its 1919 bed, cutting across the private respondents’ lands and relocating their accreted portions to the east bank.
  • Dispossession and Litigation
    • In April 1969, petitioners (including Agustin, Balisi, Langcay) with local authorities drove private respondents from the newly isolated parcels on the east bank.
    • On April 21 and 24, 1970, private respondents filed Civil Cases No. 343-T (Melads, for Lot 3351 and its accretion) and No. 344-T (Binayug, for his lots and accretions). The trial court ruled in their favor on June 16, 1975; only Agustin (and some co-defendants) appealed. The Intermediate Appellate Court affirmed on November 29, 1983.

Issues:

  • Whether the alluvial deposits from the gradual eastward movement of the Cagayan River became the private respondents’ property by accretion.
  • Whether the private respondents lost ownership of those accreted lands when a sudden avulsive change in the river’s course transferred them to the opposite bank.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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