Spouses Ricardo and Leonor Ladrido owned Lot No. 7511, while Spouses Rosendo and Ana Te owned Lot No. 7340, which they later sold to Angelica and Celso Viajar. However, during a survey it was found that Ricardo Ladrido was occupying Lot No. 7340. Viajar sued Ladrido to return the land. The courts ruled in favor of Ladrido, finding that the river bed between the lots had shifted, placing Lot No. 7340 in Ladrido's possession. The issue was whether the Torrens system protects riparian owners from changes in adjoining waterways. The Supreme Court ruled no, as accretion from natural changes in rivers
Spouses Ricardo and Leonor Ladrido owned Lot No. 7511, while Spouses Rosendo and Ana Te owned Lot No. 7340, which they later sold to Angelica and Celso Viajar. However, during a survey it was found that Ricardo Ladrido was occupying Lot No. 7340. Viajar sued Ladrido to return the land. The courts ruled in favor of Ladrido, finding that the river bed between the lots had shifted, placing Lot No. 7340 in Ladrido's possession. The issue was whether the Torrens system protects riparian owners from changes in adjoining waterways. The Supreme Court ruled no, as accretion from natural changes in rivers
Spouses Ricardo and Leonor Ladrido owned Lot No. 7511, while Spouses Rosendo and Ana Te owned Lot No. 7340, which they later sold to Angelica and Celso Viajar. However, during a survey it was found that Ricardo Ladrido was occupying Lot No. 7340. Viajar sued Ladrido to return the land. The courts ruled in favor of Ladrido, finding that the river bed between the lots had shifted, placing Lot No. 7340 in Ladrido's possession. The issue was whether the Torrens system protects riparian owners from changes in adjoining waterways. The Supreme Court ruled no, as accretion from natural changes in rivers
Spouses Ricardo and Leonor Ladrido owned Lot No. 7511, while Spouses Rosendo and Ana Te owned Lot No. 7340, which they later sold to Angelica and Celso Viajar. However, during a survey it was found that Ricardo Ladrido was occupying Lot No. 7340. Viajar sued Ladrido to return the land. The courts ruled in favor of Ladrido, finding that the river bed between the lots had shifted, placing Lot No. 7340 in Ladrido's possession. The issue was whether the Torrens system protects riparian owners from changes in adjoining waterways. The Supreme Court ruled no, as accretion from natural changes in rivers
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Locator: G.R. No.
L-77294 (168 SCRA 405)
Title: Angelica Viajar & Celso Viajar vs. Court of Appeals, Leonor P. Ladrido, et. Al. Date Promulgated: December 12, 1988 Statement of Facts Spouses Ricardo and Leonor Ladrido were owners of Lot No. 7511 which was registered in their names. Spouses Rosendo and Ana Te were also registered owners of a parcel of land described in their title as Lot No. 7340. Spouses Te sold said lot to Angelica and and Celso Viajar, and a title was issued under the names of the latter pair. During a relocation survey, it was found out that the land (Lot No. 7340) was occupied by Ricardo Ladrido. Viajar demanded its return but Ladrido refused. Viajar then insituted a civil action with the CFI against Ladrido. During the pre-trial show, at the time of the cadastral survey, Lot No. 7511 and Lot No. 7340 were separated by the Suague River; that the former river bed of Suage River was in the possession of the defendants; and that the plaintiffs have never been in actual physical possession of Lot No. 7340. CFI ruled in favor of the defendants declaring them as owners. CA affirmed with the CFI ruling. Issue(s) Does the Torrens System protect the riparian owner against diminution of the area of his registered land through gradual changes in the course of an adjoining stream? Ruling No, registration under the Torrens System does not protect the riparian owner. Art. 366 of the Old Civil Code provides " accretions which the banks or rivers may gradually receive from the effects of the current of the waters becomes the property of the owners of the lands adjoining the banks." Accretions of that character are natural incidents to land bordering on running streams and are not affected by the registration laws.
Locator: G.R No. 138677 Title: Tolomeo Ligutan & Leonidas de La Llana vs. Hon. Court of Appeals & Date Promulgated: February 12, 2016 Statement of Facts