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THE DIRECTOR OF LANDS v THE COURT OF APPEALS G.R. No. L-31408, April 22, 1 F!

"#$% Private respondent Borromeo Bros. Estate, Inc. instituted in the Court of First Instance of Leyte original proceedings for confirmation and registration of title in its favor of a parcel of land fronting the sea in the coastal town of San Isidro, Leyte. he application alleged, among others, that the land had !een formed !y accretion of sediments carried from the highlands !y the natural action of the Si" ong and Sinu!dan #ivers when these overflowed their !an$s during the rainy season. he %irector of Lands and the &unicipality of San Isidro filed their respective oppositions. he case was then heard. It would appear that after Borromeo had presented its evidence, it sought and was allowed to amend its application, which originally alleged that the land applied for had !een formed of alluvium deposited !y the action of the sea, in order to allege, that said land had !een formed instead from accretions of soil and sediment carried from higher places !y the currents of the Si"ong and Sinu!dan Cree$s. he rial Court rendered 'udgment denying the application. (n appeal, the Court of )ppeals reversed the decision of the rial Court, and decreed its registration in the name of Borromoeo. *ence, this )ppeal. I$$&'% +hether or not the amended application was !inding on the private respondent as a 'udicial admission. H'l(% No. he Supreme Court held that the Court of )ppeals correctly overruled the petitioner,s contention that the averment in the original application for registration attri!uting the origin of the land to the action of the sea, which averment, with leave of court, was later superseded !y an amendment to the effect that the land was formed !y the action of rivers, was !inding on the private respondent as a 'udicial admission. Pl'!(i)*$ #+!# +!,' -'') !.')('( (i$!pp'!r /ro. #+' r'"or(, lo$' #+'ir $#!#&$ !$ pl'!(i)*$ !)( "'!$' #o -' 0&(i"i!l !(.i$$io)$. 1+il' #+'2 .!2 )o)'#+'l'$$ -' &#ili3'( !*!i)$# #+' pl'!('r !$ '4#r!-0&(i"i!l !(.i$$io)$, #+'2 .&$#, i) or('r #o +!,' $&"+ '//'"#, -' /or.!ll2 o//'r'( i) ',i(')"'. It does not appear that the original application for registration containing the averment in -uestion, or that particular averment itself, was offered or received in evidence for the petitioner in the rial Court. 1