G.R. No.

L-39248 May 7, 1976

Republic vs. Heirs of Luisa Villa Abrille

Facts

A parcel of land with a Torrens Title was adjoining a river that eventually dried up. The lot owner claimed Art. 457 that
the dried-up river bed was his by accretion, so he drew up a subdivision plan that included the river bed. The plan was
approved both by the Land Registration Commission and by the CFI, and two titles were issued, there being two parcels
in the subdivision.

Hence, a complaint for Annulment of Certificate of Title was filed by the Republic of the Philippines (represented by the
Director of Lands), with the Court of First Instance of Davao alleging that the land in question as formerly a portion of
the Davao River which dried up by reason of the change of course of the said Davao River; hence a land belonging to the
public domain and consequently prayed that the TCT’s of Heirs of Luisa Villa Abrille under the Torrens System be
declared null and void. CFI gave its decision in favor of the Republic of the Phillippes and rendered its judgment to
cancel the said TCT’s and directing the Register of Deeds of Davao to issue new certificates of title in lieu thereof after
the portions consisting of 82,127 square meters, the land involved, shall have been segregated therefrom in accordance
with law.

Not satisfied with the decision of the CFI, Heirs of Luisa Villa Abrille filed an appeal with CA contending that it erred in
holding the approval of Subdivision Plan of no legal effect merely on ground of lack of notice to interested persons, and
in ordering the cancellation of Certificates of Title. However, in its Resolution dated July 22, 1974, certified the case to
this Court for consideration and final disposition.

Issue

Whether or not the state can assail cancellation of the subsequent title over the river bed.

Held

Yes. For to make the former river bed come under the Torrens System, the ordinary approval of a subdivision plan is not
sufficient, there must be a judicial application for the registration of the land. This is so, for the increased area in
question, which is not a registered land but formerly a river bed, is so big as to give allowance for a mere mistake in area
of the original registration of the tracts of land of the defendant-appellant formerly belonging to and registered in the
name of their grandfather, Francisco Villa Abrille Lim Juna. In order to bring this increase in area, which the parties
admitted to have been a former river bed of the Davao River, under the operation and coverage of the Land Registration
Law, Act 496, proceedings in registrations of land title should have been filed Instead of an ordinary approval of
subdivision plan. Hence, with the foregoing requisites not having been complied with, the lower court committed no
error in its appealed decision.