Rogacion, Raymond R.

JD 2A1

07-20-2015

Facts:
A is the owner of a land adjoining the bank of a river. Through time, the river
changed its course and occupied a part of As land, thus forming a portion of land in the
said river. Subsequently a stranger Y found by chance a treasure in the said river passing
on the property of A. A contends that he has the right over the said treasure found since
it was found on his property. A relies on the provisions of Art. 465 and Art. 438 of the
Civil Code.
Question:
Whether or not the contention of A is valid and what are the rights of Y if any?
Answer:
No. the contention of A is invalid.
As reliance on Article 465 of the civil code is misplaced. Article 465 of the civil code only
applies to islands formed in non-navigable and non-floatable rivers through successive
accumulation of alluvial deposits, in which the said island belongs to the owner of the
margin or banks nearest the island or the owners of both margins if the island is in the
middle of the river, in which case it shall be divided longitudinally in halves; And in case
of islands formed on navigable and floatable rivers and lakes the islands thus formed
shall belong to the state by virtue of Article 464 of the Civil Code.
It is thus clear from the provisions of Art. 465 that it is only the island thus formed that
is transferred to the ownership of the riparian owner and not the river itself. The river
remains as property of the state.
Thus, since the river where the said treasure was found belongs to the state, it is
therefore the state and Y the founder of the said treasure that are entitled to the
treasure; each entitled to one-half of the treasure by reason of Art. 438 of the Civil code
which provides that hidden treasures belong to the owner of the property on which it is
found. Nevertheless, when the discovery is made on the property of another, or of the

state or any of its subdivisions, and by chance, one-half thereof shall be allowed to the
finder.
Y has the right to one-half of the treasure.
Since Y found the treasure by chance on the river which is the property of the state, he is
therefore entitled to one-half of the treasure by reason of Article 438 of the Civil Code.
However, paragraph 3 of Article 438 of the civil code provides that if the said treasure is
found to be of interest to science or the arts, the state may acquire them at their just
price, which shall be divided in conformity with the rule stated. Therefore, in this case
the state may acquire the whole of the treasure if it is found to be scientifically or
artistically valuable after paying Y the value of his share of the treasure found.