Case Digest (G.R. No. 116290)
Facts:
The case involves Dionisia P. Bagaipo as the petitioner and Leonor Lozano as the respondent. The events leading to the case began when Bagaipo, the registered owner of Lot No. 415, an agricultural land measuring 146,900 square meters located in Ma-a, Davao City under Transfer Certificate of Title No. T-15757, filed a complaint on May 26, 1989. She sought recovery of possession, a mandatory injunction, and damages against Lozano, who owned a parcel of land across the Davao River from Bagaipo's property. Bagaipo claimed that Lozano was occupying a portion of her land measuring 29,162 square meters and that she had lost an additional 37,901 square meters due to a change in the river's course.
Bagaipo commissioned a resurvey of her property in January 1988, conducted by Geodetic Engineer Gersacio A. Magno, which indicated that the Davao River had shifted, resulting in the division of her land into three lots: Lot 415-A, Lot 415-B, and Lot 415-C. The survey plan showed ...
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:
- Lozano illegally occupied a portion of land (Lot 415-C) measuring 29,162 square meters within Bagaipo’s titled property.
- 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:
- Accretion benefits riparian owners when the deposit is gradual, imperceptible, and results from the river’s current (Article 457).
- Changes in river courses are presumed gradual unless evidence shows sudden avulsion.
- Private survey plans lacking Bureau of Lands approval lack probative value.
- Registration under the Torrens system does not protect riparian owners against gradual diminution of land area due to natural river changes.