C.N.

Hodges v Amador Garcia

GR No. L-12730, 22 August 1960
Doctrine: In the absence of evidence that the change in course of the river
was sudden or that it occurred through avulsion1, the presumption is that the
change was gradual and caused by accretion and erosion.
Facts:
1. An action for the recovery of the possession of a portion of land2 which
is alleged to have been separated from plaintiffs land by the natural
change in the course of a river.
2. The land in dispute was formerly a part of Lot 908, which was acquired
by plaintiff Hodges in 1950. The property was bounded on the north by
the Salog River. Adjoining the river on the other side is Lot 2290 which
was purchased by defendant Garcia from Dr. Hechanova.
3. Defendant had land resurveyed and it was disclosed that the land was
originally surveyed in 1912 and had increased in area by the river
bank. The defendant applied for the registration of additional area
under the Land Registration Act. The cadastral court rendered a
decision holding that the land sought to be registered is an accretion to
Lot 2290 and decreeing that land be registered in his name.
4. Plaintiff claims portion of area added to Lot 2290 was separated from
his lot by the current of the river and the separation was abrupt like in
avulsion, so he retains ownership.
Issue: W/N the portion of area added to the Lot was caused by accretion.
Held: Yes
Ratio:
1. The Court held that in the absence of evidence, the presumption is that
the change was gradual and caused by accretion and erosion.
Because of the gradual deposit of sediments of the Salog River
along his land, the defendant has been in possession of said land
since 1950 until now.
In the cadastral proceedings wherein the land object of this
action was sought to be registered by Garcia, plaintiff did not file
any opposition despite due publication of the notice of
application and hearing.
2. It clearly appearing that the land in question has become part of
defendants estate as a result of accretion, it follows that said land now
belongs to him.
3. Registration does not protect the riparian owner against the diminution
of the area of his land through gradual changes in the course of the
adjoining stream.
4. Accretions which the banks of rivers may gradually receive from the
effect of the current become the property of the owners of the banks.
Such accretions are natural incidents to land bordering on
running streams and the provisions of the CC in that respect are
not affected by the LRA.

1 the sudden separation of land from one property and its attachment to another, especially by
flooding or a change in the course of a river.

2 Lot No 908-Q