Title
Bagaipo vs. Court of Appeals
Case
G.R. No. 116290
Decision Date
Dec 8, 2000
Petitioner Bagaipo claimed Lozano illegally occupied part of her titled land, alleging river course change. Court ruled accretion favored Lozano, dismissing claims.
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Case Digest (G.R. No. 116290)

Facts:

Context of the Property Ownership:
Petitioner Dionisia P. Bagaipo is the registered owner of Lot No. 415, a 146,900 square meter agricultural land in Ma-a, Davao City, under Transfer Certificate of Title No. T-15757. Respondent Leonor Lozano owns a registered parcel of land located across and opposite the southeast portion of petitioner's lot, facing the Davao River. Lozano acquired the property in 1962 through inheritance.

Petitioner’s Claims:
On May 26, 1989, Bagaipo filed a complaint for Recovery of Possession with Preliminary Mandatory Injunction and Damages against Lozano, alleging:

  1. Lozano illegally occupied a portion of land (Lot 415-C) measuring 29,162 square meters within Bagaipo’s titled property.
  2. Bagaipo lost another portion (Lot 415-B) measuring 37,901 square meters due to a change in the course of the Davao River, which divided her property into three lots: 415-A, 415-B, and 415-C.

Survey and Testimonies:
In January 1988, Bagaipo commissioned a resurvey of Lot 415, conducted by Geodetic Engineer Gersacio A. Magno. The survey plan showed:

  • Lot 415-A (79,843 square meters) as the remaining area occupied by Bagaipo.
  • Lot 415-B (37,901 square meters) as the area lost due to the river’s change in course.
  • Lot 415-C (29,162 square meters) allegedly illegally occupied by Lozano.

Bagaipo also presented Godofredo Corias, a barangay captain, to testify that the Davao River changed its course due to a flood in 1968, washing away a bamboo grove that previously marked the river’s position.

Respondent’s Defense:
Lozano argued that the disputed land (Lot 415-C) was an accretion to his property, formed gradually due to the river’s natural action. He claimed that the Davao River did not change its course and that Bagaipo’s land loss was caused by erosion. Lozano presented witnesses, including Atty. Pedro Castillo, who testified that the land was transferred to his sister, Ramona (Lozano’s wife), and that accretion continued to increase the land area.

Trial Court’s Ocular Inspection:
On April 5, 1991, the trial court conducted an ocular inspection, concluding that the river’s current caused gradual erosion and accretion, applying Article 457 of the Civil Code. The court dismissed Bagaipo’s complaint, a decision later affirmed by the Court of Appeals.

Issue:

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Ruling:

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Ratio:

The Court found that:

  1. Accretion benefits riparian owners when the deposit is gradual, imperceptible, and results from the river’s current (Article 457).
  2. Changes in river courses are presumed gradual unless evidence shows sudden avulsion.
  3. Private survey plans lacking Bureau of Lands approval lack probative value.
  4. Registration under the Torrens system does not protect riparian owners against gradual diminution of land area due to natural river changes.


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