SECTION 14 (3) PD 1529 thereby, or which is incorporated or attached

Those who have acquired ownership of private thereto, either naturally or artificially.
lands or abandoned river beds by right of
accession or accretion under the existing laws  REQUISITES FOR APPLICATION
(a) The change must be sudden in order
(1) OWNERSHIP OF ABANDONED RIVER that the old river may be identified.
BEDS BY RIGHT OF ACCESSION (b) The changing of the course must be
 Accession: refers to the right of an more or less permanent, and not
owner of a thing to its products as well temporary overflooding of another’s
as whatever is inseperably attached land.
thereto as an accessory. The accessory (c) The change of the river must be a
follows the principal natural one, i.e., caused by natural
forces (and not by artificial means).
 ART 461 CIVIL CODE (d) There must be definite abandonment
River beds which are abandoned through the by the government. (If the government
natural change in the course of waters ipso shortly after the change decides and
facto belong to the owners whose lands are actually takes steps to bring the river to
occupied by the new course in proportion to the its old bed, Article 461 will not apply for,
area lost. here, it cannot be said that there was
abandonment.)
However, the owners of the land adjoining (e) The river must continue to exist, that
the old bed shall have the right to acquire is, it must not completely dry up or
the same by paying the value thereof, which disappear.
value shall not exceed the value of the area
occupied by the new bed. If wala’y new course ang river, ni dry up lang
naturally, the question is who owns the dried
ILLUSTRATION: A and B each owns land on up river?
opposite sides of a river. The river changed its
The state will own it because it becomes of
course, passing through the land of C. Who
public dominion. Make sure that all the
owns the abandoned river bed?
requisites must be present.
C, to compensate him for his loss.
Kung walay change of course, the owner of the
Now, suppose that two owners, C and D, lost dried up river bed will be the state because it
portions of their lands. Who owns the river now belongs to the public dominion.
bed?
(read the cases here because there will be
C and D, in proportion to the area lost. questions in the midterm exam)

In this case, will the RD issue automatically (2) OWNERSHIP BY RIGHT OF ACCRETION
a title in favor of C covering 250 sqm of the  Accretion: Defined as the addition of
dried up river bed? portions of soil, by gradual deposition
through the operation of natural causes,
No, because it’s still part of the public domain. to that already in possession of the
We register it through the judicial process, with owner (Black’s Law)
the basis of Section 13 (3). Not automatic but
you will be entitled under the law as to why you Because of the natural flow of the water, a
have the right to have it titled in your name. portion was na anod by the river and
attached to another land which is owned by
 ARTICLE 440 CIVIL CODE (Basis) another person. If that’s the case, who now
owns that portion?
The ownership of property gives the right by
accession to everything which is produced
 ARTICLE 457 CIVIL CODE nature
o Indispensible requirement
To the owners of lands adjoining the banks of o There must be evidence proving that the
rivers belong the accretion which they addition to the property was made
gradually receive from the effects of the current gradually through the effects of the
of the waters. The law is taken from the Law of current of the river
Waters of 1866 Article 84.
 Reason for the law on accretion
 ARTICLE 84
o To compensate him for the danger of
The accretion resulting from the gradual loss that he suffers because of the
deposit by or sedimentation form the waters location of his land which are:
belongs to the owners of land bordering on o Exposed to floods and other damage
streams, torrents, lakes and rivers. due to destructive force of waters
o Subject to encumbrances and
 REQUISITES FOR APPLICATION easements
(a) That the deposit be gradual and
imperceptible;  Accretion does not automatically
(b) That is be made through the effects of become registered land (just because
the current of the water; and the lot which it receives is covered by a
(c) That the land where accretion takes Torrens title)
place is adjacent to the banks of rivers o An unregistered land purchased by the
registered owner of the adjoining land
In the absence of evidence that the change in does not become ipso facto registered
the course was sudden or that it occurred land
through avulsion, the presumption is that the o Where petitioners never sought the
change was gradual and caused by registration of the alluvial property, the
accretion and erosion. increment never became registered, not
subject to imprescribility under the
Law of Nature: the right of the owner to
Torrens system
additions by accretion attaches with it the right
o The land may still be acquired
to its fruits, flocks and hers to their natural
through prescription by third persons
increase.
As such the owner still has to register it.
The fact that the accretion to one’s land used
to pertain to another’s estate, which is covered Since the land owned by B is not covered by a
by a Torrens certificate of title, cannot preclude Torrens title, it is now susceptible to
the former from being the owner thereof. prescription, possession and occupation for a
certain number of years and that is C. because
Accretions which the banks of rivers may
B did not register it, that land is susceptible to
gradually receive from the effect of the current
prescription. If B was able to secure an OCT
become the property of the owners of the
which was attached to its land and C occupied
banks. Such accretions are natural incidents to
it, the occupation of C could never be subject
land bordering on running streams and the
to prescription.
provisions of the Civil Code in that respect are
not affected by the Land Registration Act (now  Republic v. Abrille
Property Registration Decree)
The Republic filed a complaint for annulment of
 Alluvion: Refers to the accretion made by certificate of title alleging that: the subdivision
flow of rivers. A form of accession natura, of a parcel of land owned by defendant into 2
which is provided for in Arts 457 & 461. lots included an excess area of 82, 127 sqm.
 Alluvion must be the exclusive work of The SC affirmed the judgment holding that to
bring the increased area under the operation no contractual or vested right
and coverage of the LRA proceedings for  President has the authority to withdraw
registration of the land should be filed. such lands for sale or acquisition by the
public, or reserve them for public use, prior
Where parts of the tracts of land has not yet to the divesting by the government of title
been brought under the operation of the thereof (even though this may defeat an
Torrens System, approval of subdivision plans imperfect right of a settler)
cannot bring said tracts of land under the
operation and coverage of the Torrens (2) TITLES BY ESCHEAT UNDER RULE
Systems. More so when the approval of the 91, RULES OF COURT
subdivision plans was without notice to all (3) DONATION
parties in interest, more particularly the Director (4) SUCCESSION
of Lands. (5) VOLUNTARY ALIENATION
 Alluvial formation along the seashore JUDICIAL CONFIRMATION OF IMPERFECT
forms part of the public domain OR INCOMPLETE TITLES
o Not open to acquisition by adverse
possession by private persons  SEC. 48, PLA, ORIGINAL PROVISION
o Since it is of public dominion, its
disposition falls under the exclusive “SEC. 48. The following described citizens of
supervision and control of the Bureau of the Philippines, occupying lands of the public
Lands, unless declared otherwise domain or claiming to own any such lands or
o The adjoining registered owner of an interest therein, but whose titles have not
foreshore land cannot claim ownership been perfected or completed, may apply to
by right of accretion, unless he has filed the Court of First Instance of the province
the appropriate application, like a where the land is located for confirmation
revocable permit application with the of their claims and the issuance of a certificate
Lands Management Bureau of title therefor, under the Land Registration
Act, to wit:
 ARTICLE 4 SPANISH LAW OF WATERS
(b) Those who by themselves or through
Lands added to the shore by accretion and their predecessors in interest have been in
alluvial deposits caused by the action of the the open, continuous, exclusive, and
sea, form part of the public domain. When they notorious possession and occupation of
are no longer washed by the waters of the sea, alienable and disposable agricultural
and are not necessary for purposes of public lands of the public domain, under a
utility, or for the establishment of special bona fide claim of acquisition or
industries, or for the coast-guard service, the ownership, since June 12, 1945, except
Government shall declare them to be the when prevented by war or force majeure.
property of the owners of the estate adjacent These shall be conclusively presumed to
thereto and as an increment thereof. have performed all the conditions essential
to a Government grant and shall be entitled
SECTION 14 (4) to a certificate of title under the provisions
of this chapter.
Acquisition of ownership in any manner
provided for by law (could either be a statute or This is also a basis for having a land titled in
executive act) favor of a private individual. Dli na section 14
(1), but section 28 b of CA 141.
(1) RESERVATION FOR A SPECIFIC
PUBLIC PURPOSE BY Judicial confirmation as a basis is only until
PRESIDENTIAL PROCLAMATION December 31, 2020. After this you cannot
 Privilege of occupying public lands confers file it anymore based on judicial
confirmation of imperfect title. This is WHERE APPLICANT HAS ACQUIERD A
already an extension. RIGHT TO A GOVERNMEN GRANT,
APPLICATION IS A MERE FORMALITY
If not covered by a Torrens title it belongs to
the State.  When the conditions specified in Section
48(b) of the Public Land Act are complied
Judicial confirmation of imperfect title: you with, the possessor is deemed to have
own the land but you do not have the title acquired, by operation of law, a right to a
yet. grant, without the necessity of a certificate
of title being issued.
Relatedly, the date “June 12, 1945” is  The land ceases to be of the public domain,
reiterated in Section 14 (1) of PD No. 1529, beyond the authority of the Director to
otherwise known as the Property Registration dispose of under the Public Land Act.
Decree, thus:
 The application for confirmation is a mere
“SEC. 14. Who may apply. — The following formality, the lack of which does not affect
persons may file in the proper Court of First the legal sufficiency of the title
Instance an application for registration of title to  The land is segregated from the public
land, whether personally or through their duly domain, because the beneficiary is
authorized representatives: “conclusively presumed to have
performed all the conditions essential to
(1) Those who by themselves or through their a Government grant and shall be entitled
predecessors-in-interest have been in open, to a certificate of title under the provisions
continuous, exclusive and notorious of this chapter.”
possession and occupation of alienable and
disposable lands of the public domain under a COMPLIANCE WITH ALL REQUIREMENTS
bona fide claim of ownership since June 12, FOR A GOVERNMENT GRANT IPSO JURE
1945, or earlier.” CONVERTS LAND TO PRIVATE PROPERTY

It is worth noting that there is no substantial  SUSI V. RAZON (1925)

distinction between Section 48(b) of the Public
Involved a parcel land subject of a sale made
Land Act and Section 14(1) of the Property
by the Director of Lands to Angela Razon
Registration Decree.
pursuant to which a certificate of title was
 REQUISITES FOR ACQUISITION OF issued to the latter.
JUDICIAL CONFIRMATION OF
Valentin Susi filed a complaint against Razon,
IMPERFECT TITLE
praying for judgment: (a) declaring him (Susi)
 Section 48 (b) & (c) applies exclusively to
the sole and absolute owner of the land in
agricultural lands of the public domain.
question; (b) annulling the sale made by the
 Requires that possession of alienable and Director of Lands in favor of Razon, on the
disposable domains of the public domain ground that the land is a private property; and
from June 12, 1945 or earlier. (c) ordering the cancellation of the certificate of
 Possession and occupation must be by title issued to Razon.
those themselves or through his
predecessor in interest. The Director of Lands maintained that the land
 Does not matter whether the applicant formed part of the public domain and, hence,
has been in possession for only a day so the sale thereof to Razon was valid. However,
long as the period and/or legal the trial court rendered judgment declaring Susi
requirements for confirmation of title entitled to the possession of the land, annulling
has been complied with by his the sale made by the Director of Lands in favor
predecessor in interest of Angela Razon, and ordering the cancellation
of the certificate of title issued to her.
On appeal, the Supreme Court sustained the The person from whom I’ve acquired the land
judgment of the court a quo, holding as follows: has acquired it form the second public land act
which requires occupation for – years. Since I
“It clearly appears from the evidence that am a successor in interest, I will now apply
Valentin Susi has been in possession of the based on based on CA 141 section 48b.
land in question openly, continuously,
adversely and publicly, personally and Take for example RA 1042, the requirement is
through his predecessors, since the year 30 years possession and occupation. Now if
1880, that is, for about forty-five years. you possess a land in 1957 for example, 30
years, you don’t need to establish that your
In favor of Valentin Susi, there is, moreover, predecessors in interest have already
the presumption juris et de jure established possessed it since June 12 1945 because you
in paragraph (b) of Section 45 of Act No. 2874, are using a different rule, it only needs 30
amending Act No. 926, that all the necessary years requirement. Here, what you use is
requirements for a grant by the Government judicial confirmation of imperfect title (CA 141).
were complied with, for he has been in The problem is you only have until December
actual and physical possession, personally 31, 2020 to avail of this mode of having this
and through his predecessors, of an land titled.
agricultural land of the public domain
openly, continuously, exclusively and You own already the land and acquire a title
publicly since July 26, 1894, with a right to a but imperfect because you do not have a
certificate of title to said land under the Torrens title hence you go to court and file a
provisions of Chapter VIII of said Act. So that petition to make your title perfect. The court will
when Angela Razon applied for the grant in direct the RD to issue the OCT.
her favor, Valentin Susi had already
acquired, by operation of law, not only a (You read the cases)
right to a grant, but a grant of the
Government, for it is not necessary that if imong client corporation, ang imong buhaton
certificate of title should be issued in order you prove that the land is already private and
that said grant may be sanctioned by the that the predecessor of the corporation has met
courts, an application therefor is sufficient, all the requirements under a certain law such
under the provisions of Section 47 of Act No. that that person has already acquired a title,
2874. just not perfect because not confirmed by the
law; hence the name judicial confirmation of
If by a legal fiction, Valentin Susi had acquired imperfect title.
the land in question by a grant of the State,
it had already ceased to be of the public (we will have a review on this next meeting
domain and had become private property, we will not anymore discuss IPRA)
at least by presumption, of Valentin Susi,
beyond the control of the Director of Lands. WE WILL GO DIRECTLY TO FORMS AND
Consequently, in selling the land in question to CONTENTS.
Angela Razon, the Director of Lands disposed
REGISTRATION UNDER THE INDIGENOUS
of a land over which he had no longer any title
PEOPLES RIGHTS ACT
or control, and the sale thus made was void
and of no effect, and Angela Razon did not
thereby acquire any right.

Under act 926, I have already acquired

ownership of the land but its imperfect because
I do not have a Torrens title.