Case Summary (G.R. No. 66075-76)
Petitioners and Respondents
Petitioners claimed title to certain parcels now occupied by private respondents. Private respondents hold original certificates or homestead patents covering lands and accretions deposited by the river’s gradual eastward shift from 1919 to 1968.
Key Dates
• 1919: Tuguegarao Cadastre surveyed lands east of the river.
• 1925: Title No. 5472 issued to Eulogio Agustin for eastern bank land.
• 1947: Pablo Binayug began possession of Solana‐side lots.
• 1950: Solana Cadastre covered west‐bank parcels.
• 1956: Original Title No. P-5026 issued to Macario Melad (predecessor of Maria and Timoteo Melad).
• 1959: Binayug’s Homestead Application No. W-79055 approved.
• 1968: Major flood returned Cagayan River to its 1919 bed, isolating accreted lands on opposite bank.
• April 1969: Petitioners, backed by local authorities, expelled respondents from the isolated lands.
• 1970–1975: Separate civil actions filed and decided in favor of respondents.
• 1983: Intermediate Appellate Court affirmed trial court decision.
• July 5, 1990: Supreme Court rendered final decision under the 1987 Constitution.
Applicable Law
• 1987 Constitution (property provisions)
• New Civil Code (1916), Arts. 457 (accretion), 459 and 463 (avulsion)
Factual Background
Originally, Tuguegarao Cadastre (1919) covered lands east of the river; Solana Cadastre (1950) covered west‐bank lands. Riparian owners on the west bank (Binayug and Melad) improved and cultivated their parcels. As the river shifted eastward over 49 years, silt deposits gradually and imperceptibly enlarged respondents’ parcels. The 1968 typhoon‐induced flood abruptly reverted the river to its old course, transferring accreted increments to the opposite bank.
Trial Court Proceedings
Respondents sued to recover their principal lots and accretions. In Civil Case No. 343-T (Melads) and No. 344-T (Binayug and Ubina), the trial court ordered petitioners and their agents to vacate the lands and restore possession to respondents, without pronouncement on damages.
Intermediate Appellate Court Ruling
On November 29, 1983, the Intermediate Appellate Court affirmed the trial court in toto, holding that accretions belonged to riparian respondents and remained theirs despite the river’s sudden change of course.
Issues on Review
- Whether the added lands constitute accretion in favor of respondents.
- Whether such accretion could deprive petitioners of ownership.
- Whether respondents lost ownership of the accretions after the river’s abrupt course change.
Accretion Analysis
Under Civil Code Art. 457, accretion vests in riparian owners when deposits are gradual, result from current, and occur adjacent to the bank. Unrebutted evidence showed annual, imperceptible eastward shifts depositing alluvium on respondents’ lands from 1919 to 1968. Measurement only revealed incremental gains long after they occurred.
Avulsion Analysis
Civil Code Arts. 459 and 463 protect owne
Case Syllabus (G.R. No. 66075-76)
Background and Geographic Context
- The Cagayan River separates Solana (west bank) and Tuguegarao (east bank) in the province of Cagayan.
- In 1919, lands east of the river were surveyed under the Tuguegarao Cadastre; in 1950, lands west of the river were surveyed under the Solana Cadastre.
- Original Certificate of Title No. 5472 (Exh. 2-Agustin) for a parcel on the east bank was issued in 1925 to Eulogio Agustin.
- Original Certificate of Title No. P-5026 (Exh. E-Melad) for Lot 3351 on the west bank was issued in 1956 to Macario Melad, predecessor of Maria and Timoteo Melad.
Possession and Titles of Private Respondents
- Pablo Binayug possessed multiple lots (Nos. 3349, 7876–7879, 7875, 7881–7885, 7891–7892) since 1947; 8 ha were cultivated, 12 ha left wild (Exh. C-1 Binayug).
- Binayug’s homestead application No. W-79055 was approved in 1959 (Exh. B-Binayug) and his possession was recognized in Civil Case No. 101 (Exh. F-Binayug).
- Maria Melad owns Lot 3351 (5 ha) with a 6.6 ha accretion (Exh. B-Melad) and has been in possession under a free patent.
Shifting River Course and Accretion
- From 1919 to 1968, the Cagayan River gradually shifted eastward, eroding the Tuguegarao bank and depositing silt as accretion on lands of Solana Cadastre.
- Accretions were imperceptible year by year but cumulatively significant: Lot 3351 grew from 5 ha to 11.6 ha; Binayug’s homestead grew from 18 ha to 68 ha.
- Testimony of Geodetic Engineer Romeo Rigor and local witnesses confirmed gradual, imperceptible alluvial deposits over 49 years.
Avulsive Change in 1968
- A major flood in 1968 caused the Cagayan River to revert abruptly to its 1919 course.
- As a result, portions of the private respondents’ riparian lands (including accretions) were cut off and transferred to the opposing bank.
- Cultivation on the separated parcels required respondents to cross the river; petitioners, aided by local officials, expelled them in April 1969.
Procedural History
- April 21, 1970: Maria and Timoteo Melad filed Civil Case No. 343-T to recover Lot 3351 and its 6.6 ha accretion.