G.R. No.

92161, March 18, 1991

SIMPLICIO BINALAY, PONCIANO GANNABAN, NICANOR MACUTAY, DOMINGO ROSALES, GREGORIO
ARGONZA, EUSTAQUIO BAUA, FLORENTINO ROSALES, TEODORO MABBORANG, PATRICIO
MABBORANG and FULGENCIO MORA, petitioners
vs.
GUILLERMO MANALO and COURT OF APPEALS, respondents.
FELICIANO, J.:

FACTS:
DOCTRINE: For accretion to take place as a mode of acquiring ownership over the land, the land formed
should be directly adjacent to the land owned.

FACTS:
Guillermo Manalo bought parcels of land in Isabela; 8.65 hectares from was acquired from Faustino
Taccad and 1.80 hectares was bought from Gregorio Taguba. The parcels of land were described as
having the Cagayan River on their west.

During a cadastral survey conducted, the two parcels of land was consolidated into one lot and was
designated as Lot No. 307. But since the survey was conducted on a rainy day, a portion of the land
bought from Taccad was covered with water and was not included in Lot No. 307.

The Sketch Plan shows that the Cagayan River running from south to north, forks at a certain point to
form 2 branches (eastern and western branches) and then unites at the other end, further north, to
form a narrow strip of land. It appears that eastern branch of the river cuts through the land of Manalo
and is inundated with water during rainy season. The bed of the eastern branch is the unsurveyed
portion of the land belonging to Manalo, and is, for most part of the year (about 8 months), dry and
susceptible to cultivation.

Lot 821 is located directly opposite Lot 307 and is separated from it during the rainy season. Being a
portion of the land bought from Taccad, Manalo claims that Lot 821 also belongs to him by way of
accretion to the submerged portion of the property to which it is adjacent. Petitioners (Binalay et al)
however claims ownership over the land as they have possessed it, occupied it and have cultivated it.

Respondent Manalo filed a complaint before the CFI, Isabela for quieting of title, possession and
damages against petitioners. Claiming petitioners to vacate the western strip of the unsurveyed portion.

RTC: In favor of respondents. Declared lawful owners.

CA: AFFIRMED. Lot 821 cannot be considered separate and distinct from Lot 307 since the eastern
branch of the Cagayan River substantially dries up for the most part of the year such that when this
happens, Lot 821 becomes physically (i.e., by land) connected with the dried up bed owned by
respondent Manalo

ISSUES:
WON Manalo owns Lot 821.

HELD: NO.
1.) It is part of public dominion
Government of the Philippine Islands vs. Colegio de San Jose: INAPPLICABLE
The highest depth of the waters of Laguna de Bay during the dry season is the, and the highest depth
they attain during the extra-ordinary one.
The ordinary one – regular, common, natural, which occurs always or most of the time during the year.
The extra-ordinary one – uncommon, transcends the general rule, order and measure, and goes beyond
that which is the ordinary depth.

In the case at bar:

The highest ordinary level of the waters of the Cagayan River is that attained during the dry season
which is confined only on the west side of Lot 821 and Lot 822 – the natural Cagayan River itself.

Government of the Philippine Islands vs. Colegio de San Jose – involved Laguna de Bay which is a lake .
Art. 74 – Inapplicable.

Instead:
Art. 70 of the Law of Waters – The natural bed or channel of a creek or river is the ground covered by its
waters during the highest floods.

The highest floods in the eastern branch of the Cagayan River occur with the annual coming of the rains
as the river waters in their onward course cover the entire depressed portion.
The periodic swelling of the water was taken into consideration and it was concluded that the
submerged portion of the land during rainy days forms part of the natural bed of the river.

In connection with this conclusion, Art. 420 of the Civil Code provides that rivers form part of public
dominion.
Hilario v. City of Manila:
Although Article 420 speaks only of rivers and banks, "rivers" is a composite term which includes: (1) the
running waters, (2) the bed, and (3) the banks.

2.) It fails to meet all the requisites needed for accretion to take place.
Accretion as a mode of acquiring property under Art. 457 of the Civil Code requires the concurrence of 3
requisites:
1) That the deposition of soil or sediment be gradual and imperceptible
2) That it be the result of the action of the waters of the river (or sea)
3) That the land where accretion takes place is adjacent to the banks of rivers (or the sea
coast).

In this case at bar, the claimed accretion lies on the bank of the river not adjacent to Lot 307 but directly
opposite Lot 307 across the river.

Lastly, SC held that it is difficult to suppose that a land with an area of 22.72 hectares resulted from slow
accretion to another lot of almost equal size. If Manalo’s contention is accepted, then his land would
have doubled in a span of 10 years.
All these considered, the Court held that the land in question is part of public dominion and neither
Manalo nor the petitioners were held owners of the land.

SET ASIDE. Respondent Manalo is declared the owner of Lot 307. The regularly submerged portion or
the eastern bed of the Cagayan River – PUBIC DOMINION.
The ownership of Lot 821 shall be determined in an appropriate action that may be instituted by the
interested parties inter se.