Title
Republic vs. Santos III
Case
G.R. No. 160453
Decision Date
Nov 12, 2012
A 1,045 sqm property claimed through accretion and acquisitive prescription was ruled as State-owned, being a dried-up riverbed under public dominion.

Case Summary (G.R. No. 161081)

Key Dates

• March 7, 1997 – Initial registration application by Arcadio Ivan.
• May 21, 1998 – Amendment to include Arcadio Jr.
• May 10, 2000 – RTC grants registration.
• May 27, 2003 – CA affirms RTC.
• October 20, 2003 – CA denies motion for reconsideration.
• November 12, 2012 – Supreme Court decision.

Applicable Law

• 1987 Philippine Constitution (decision after 1990).
• Civil Code of the Philippines: Articles 457, 461, 502.
• Presidential Decree No. 1529 (Property Registration Decree), Section 14(1).

Procedural History

Respondents filed for Torrens registration on the ground of more than ten years’ adverse possession, later amending to assert co-ownership. The City of Parañaque opposed, citing flood-control easement and alleging the land was a dried river bed, not accretion. The RTC granted registration under Article 457 (accretion), and the CA affirmed. The Republic appealed to the Supreme Court.

Issues on Appeal

  1. Whether Article 457 (accretion) applies when the river bed dried up.
  2. Whether respondents could claim the property under acquisitive prescription (Section 14(1) PD 1529).
  3. Whether failure to present certification of alienability and disposability is fatal.
  4. Sufficiency of evidence of continuous, open, public, adverse possession for over 30 years.

Accretion Claim Under Article 457

Article 457 vests accreted land in riparian owners only when soil is deposited gradually and imperceptibly by river currents. Respondents’ own evidence established that Lot 4998-B resulted from the river drying up, not from accretion. The substantial area (1,045 sqm) could not plausibly have formed by gradual deposition within 20–30 years. Both RTC and CA erred in treating the dried river bed as accretion. Under Article 502, rivers and their beds remain public dominion; a dried-up bed likewise belongs to the State absent a specific law vesting title elsewhere.

Acquisitive Prescription and Public Domain Land

Section 14(1) PD 1529 allows registration of imperfect title only on alienable and disposable public lands, subject to open, continuous, exclusive, notorious possession since June 12, 1945. Even assuming respondents possessed the land for over 30 years, (i) payment of realty taxes and survey alone do not establish the requisite possession; (ii) the land remained part of the inalienable public domain because no positive government act (proclamation, executive order, administrative classification, or certified land classification) declared it alienable and disposable.

Requirement of Alienability and Disposability

Mere notation on a survey plan that the area falls within a map classified as alienable/disposable by the Bureau of Forest Development is not a positive act o



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