GRANDE v CA

FACTS:
1. Petitioners Grande are owners of a parcel of land by inheritance
from their deceased mother.
2. When it was surveyed for purposes of registration, its
northeaster boundary was the Cagayan River.
3. Therafter, a gradual accretion in the northeastern side took place
by action of the current of the Cagayan River.
4. By said reason, the bank had receded to a distance of about 105
meters and an alluvial deposit of 19k square meters had been
added to the registered area
5. In 1958, Grande et al then instituted an action against
respondents Calalung to quiet title to said portion formed by
accretion. They alleged that they were formerly in peaceful and
continuous possession of the land until the respondents entered
upon the land under the claim of ownership.
6. On the other hand, the respondents claimed ownership in
themselves asserting that they have been in continuous, open,
and undisturbed possession of said portion prior to the year 1993
to present.
7. The Court of First Instance rendered decision adjudjing the
ownership to te petitioners and ordering the respondents to
vacate the premises and delver possession to petitioners.
8. Unsatisfied with the decision, Respondents Calalung brought the
case to the CA which decided in favor of the respondents. The CA
held that prescripton had already supervened in favor of the
defendants.
9. Hence, this petition.
ISSUE: Whether or not alluvial property can be acquired through
prescription.
HELD: YES. Under the NCC, the lawful owners of the alluvial property
are the registered owners of the land which adjoins it, who were the
petitioner. However, the accretion does not automatically become
registered land because the lot which receives it is covered by a
Torrens Title thus making the alluvial property imprescriptible. The fact
that the petitioners never sought registration of said alluvial property
up to the time they instituted the present action to the CFI, resulted to
the land never being a registered property and hence is not entitiled to
subject to the protection of imprescribtibility enjoyed by registered
property under the Torrens System. Hence, it can now be acquired by
prescription by third persons. Owneship of a piece of land is one thing
and registration under the Torrens system is another. Ownership over
the accretion received by the land adjoining the river is governed by
the Civil Code. Impescriptibility of registered land is provided by the

Registration Law. Registration under the Land Registration, protects the

title already possessed by the owner, making it imprescriptible to third
persons.