GRANDE v. CA

Category: Property, Ownership and Its Modifications

GRANDE v. CA

FACTS:

The Grandes are owners of a parcel of land in Isabela, by inheritance from their deceased mother, Patricia Angui, who likewise, inherited it from her parents. In the early 1930’s, the Grandes decided to have their land surveyed for registration purposes. The land was described to have Cagayan River as the northeastern boundary, as stated in the title.

By 1958, a gradual accretion took place due to the action of the current of the river, and an alluvial deposit of almost 20,000 sq.m. was added to the registered area. The Grandes filed an action for quieting of title against the Calalungs, stating that they were in peaceful and continuous possession of the land created by the alluvial deposit until 1948, when the Calalungs allegedly trespassed into their property. The Calalungs, however, stated that they were the rightful owners since prior to 1933.

The CFI found for the Grandes and ordered the Calalungs to vacate the premises and pay for damages. Upon appeal to the CA, however, the decision was reversed.

ISSUE:

Whether or not the alluvium deposited land automatically belongs to the riparian owners?

HELD:

Art. 457 dictates that alluvium deposits on land belong to the owners of the adjacent land. However, this does not ipso jure become theirs merely believing that said land have become imprescriptible. The land of the Grandes only specifies a specific portion, of which the alluvial deposits are not included, and are thus, subject to acquisition by prescription. Since the Calalungs proved that they have been in possession of the land since 1934 via two credible witnesses, as opposed to the Grande’s single witness who claims that the Calalungs only entered the land in 1948, the Calalungs have been held to have acquired the land created by the alluvial deposits by prescription. This is because the possession took place in 1934, when the law to be followed was Act 190, and not the New Civil Code, which only took effect in 1950.