G.R. No. L-17645 - Zapata vs. Director of Lands

Juliana Zapata is the registered owner of two parcels of land situated in the municipality of Santo Tomas, province of Pampanga.
The properties include:

Lot No. 25 – a parcel with a superficial area of 6,592 square meters, evidenced by Transfer Certificate of Title No. 12907.
The northern part of Lot No. 16 – ownership confirmed by a decree of the Court of First Instance of Pampanga dated November 21, 1955, which orders that the remaining portion of Lot No. 16 (474 square meters) be registered in her name.

Both parcels adjoin a non-navigable and non-floatable water body, the Candalaga Creek.
In 1915, at the beginning of the cadastral survey of San Fernando, the creek’s width adjacent to the properties measured about 90 to 100 meters.
Over time, due to the deposition of alluvial soil by the water current, the present width has reduced to about 15 meters.

The accumulated soil (accretion) has resulted in the formation of additional land mass that is legally delimited in plan Psu-140515.
This accreted land is designated as Lots 1, 2, and 3 with the following areas:

On June 16, 1956, Juliana Zapata filed a verified petition in the Court of First Instance of Pampanga claiming that the three accreted lots belong to her by accretion under Article 457 of the Civil Code.
The petition requested that these lots be registered in her name pursuant to the Land Registration Act.
The Director of Lands objected to the petition on October 24, 1956, arguing that the accreted land should be declared part of the public domain.
On October 19, 1956, the court had already entered an order of general default against all parties except the Director of Lands.

After trial, on December 26, 1956, the Court rendered a judgment largely in favor of Juliana Zapata:

It overruled the objection of the Director of Lands.
It confirmed the title of the applicant to Lots 1, 2, and 3, thereby ordering the registration of these lots in her name.

The decree was to take effect once the decision became final with the issuance of the corresponding decree.
The Court of Appeals certified the appeal by the Director of Lands to the Supreme Court as the issues presented were solely questions of law.

The central point of dispute is whether the accretion of alluvial soil was naturally caused by the water current or artificially induced by the construction of fish traps (such as salag net, bunuan or bamboo trap, sabat, and fencing) by local fishermen.
The appellant (Director of Lands) contended that the accretion was artificially brought about through the erection of these fish traps, questioning the applicability of Article 457 of the Civil Code.
It was noted that the fish traps:

May have slowed the current of the creek, potentially contributing to soil deposition.
Had been used by fishermen since 1894 and later regulated by government permits.
Were discontinued before 1926, suggesting they were not the sole cause of accretion.

Whether the accreted land (Lots 1, 2, and 3) formed by the deposition of alluvial soil along the banks of the Candalaga Creek belongs to Juliana Zapata as a natural consequence of riparian rights under Article 457 of the Civil Code.
Whether the assertion that the accretion was artificially induced by the erection of fish traps negates the application of Article 457 and, consequently, Zapata’s claim to the accreted property.
Whether sufficient evidence exists to establish that the accretion was due primarily to natural water current rather than any deliberate human intervention.