FACTS:

Sinforoso Pascual filed an application for foreshore lease covering a tract of

foreshore land in Sibocon, Balanga, Bataan, with an area of approximately
seventeen (17) hectares. However, the application was denied on January 15,
1953.

During the pendency of the land registration case, Sinforoso Pascual filed a
complaint for ejectment against Emiliano Navarro, Marcelo Lopez, and their
privies, alleging that they unlawfully claimed and possessed a portion of the
subject property covered by Plan Psu-175181. The defendants were alleged to
have built a provisional dike on the land, depriving Pascual of the premises
sought to be registered. Despite repeated demands for defendants to vacate the
property, they refused to do so.

The court of first instance denied the application for registration, finding that
the land was foreshore land and could not be subject to registration.

On appeal, the Intermediate Appellate Court reversed the ruling and granted
the petition for registration of the land, excluding a small portion. They found
that the land in question was formed by the action of the Talisay and Bulacan
rivers, which caused the deposit of sand and silt on the applicant's land.

ISSUE:

Whether a piece of land formed due to alluvium, adjacent to a registered

property, should be considered an accretion or foreshore land.

RULING:

The court of first instance denied the application of the applicant, finding that
the land in question was foreshore land and could not be the subject of
registration. However, on appeal, the Intermediate Appellate Court reversed the
ruling and granted the petition for registration of the land, excluding a small
portion. The court stated that the land in question was formed by the deposit of
sand and silt caused by the Talisay and Bulacan rivers, making it an accretion
rather than foreshore land.

In the case of a piece of land formed due to alluvium, adjacent to a registered

property, is that the land can be considered an accretion rather than foreshore
land. The court stated that the land was formed by the action of the Talisay
and Bulacan Rivers, which caused the deposit of sand and silt on the
applicant's land.

As a result, the court granted the petition for registration of the land, excluding
a small portion. This ruling is based on the principle of accretion, which states
that the accumulation of soil or sediment in a gradual and imperceptible
manner, caused by the action of water, belongs to the riparian owner of the
adjacent land.