ACCRETION

(Along Rivers, Creeks, ETC)

Article 457 of the Civil Code provides that “to the owners of lands adjoining the banks of
rivers belong the accretion which they gradually receive from the effects of the currents of the
waters.”
There are three requisites which must be complied with before the riparian owner can
claim ownership over the accretion:
1. That the deposit be gradual and imperceptible
2. That it be made through the effects of the current of the water
- The accretion must not be caused by special works expressly intended or
designed to bring about accretion
3. That the land where accretion takes place is adjacent to the banks of rivers

It is therefore explicit from the foregoing provisions that alluvial deposits along the banks
of a creek do not form part of the public domain as the alluvial property automatically belongs
to the owner of the estate to which it may have been added. The only restriction provided
for by law is that the owner of the adjoining property must register the same under the
Torrens system; otherwise, the alluvial property may be subject to acquisition through
prescription by third persons.

REGISTRATION OF ACCRETION

1. Applicant
The following persons may file an application for registration whether personally or though
their duly authorized representatives:
1. Those who by themselves or through their predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and occupation of alienable and
disposable lands of the public domain under a bona fide claim of ownership since June
12, 1945 or earlier;
2. Those who have acquired ownership of private lands under the provisions of existing
laws;
3. Those who have acquired ownership of private lands or abandoned river beds
by right of accession or accretion under existing laws;
4. Those who have acquired ownership of land in any manner provided for by law. If the
land is owned in common, all the co-owners shall file the application jointly (Section
14, PD No.1529).

2. Application Form, Supporting Docs, Venue

The application for land registration shall be filed with the Court of First Instance (now
Regional Trial Court) of the province or city where the land is situated. The applicant shall file
together with the application all original muniments of titles or copies thereof and a survey plan of
the land approved by the Bureau of Lands. (Section 17, Presidential Decree (P.D.) No. 1529).
 3. Hearing and Publication
After hearing and publication, the court shall issue a judgment confirming the title to the
applicant if it was satisfied with the application and all the evidence submitted in support thereto
(Section 29, PD No. 1529).
4. Judgment
Once the judgment has become final and executory, the court shall issue an order in
accordance with Section 39 of PD No. 1529 to the Administrator for the issuance of a decree of
registration and the corresponding certificate of title in favor of the person adjudged entitled to
registration (Section 30, PD No. 1529).