HEIRS OF NARVASA vs.

IMBORNAL
G.R. No. 182908, August 6, 2014

Reported by:

Christian T. Sombrano
 FACTS OF THE CASE
(Petitioner) Francisco and Pedro were the children of
Alejandra, while Petra Imbornal was the daughter of
Balbina. On the other hand, respondents Emiliana,
Victoriano, Felipe, Mateo, Raymundo, Maria, and Eduardo,
all surnamed Imbornal, are the descendants of Pablo

Meanwhile, Catalina’s husband, Ciriaco Abrio, applied for

and was granted a homestead patent over a riparian land
adjacent to the Cayanga River in San Fabian, Pangasinan. He
was eventually awarded Homestead Patent and thereafter an
OCT was issued in his name. Later, OCT was cancelled, and
TCT was issued in the name of Ciriaco’s heirs.
 FACTS OF THE CASE
Ciriaco and his heirs had since occupied the northern portion
of the Motherland, while respondents occupied the southern
portion.

Sometime in 1949, the First Accretion, adjoined the southern

portion of the Motherland. Later, an OCT was issued in the
name of respondent Victoriano, covering the First
Accretion. Decades later, the Second Accretion took place,
which had abutted the First Accretion on its southern
portion. On November 10, 1978, an OCT was issued in the
names of all the respondents covering the Second Accretion.
 FACTS OF THE CASE
Claiming rights over the entire Motherland, Francisco,
et al., filed an Amended Complaint for reconveyance,
partition, and/or damages against respondents. They
anchored their claim on the allegation that Ciriaco,
with the help of his wife Catalina, urged Balbina and
Alejandra to sell the Sabangan property, and that
Ciriaco used the proceeds there from to fund his then-
pending homestead patent application over the
Motherland. In return, Ciriaco agreed that once his
homestead patent is approved, he will be deemed to be
holding the Motherland – which now included both
accretions – in trust for the Imbornal sisters.
 FACTS OF THE CASE
Likewise, Francisco, et al. alleged that through deceit,
fraud, falsehood, and misrepresentation, respondent
Victoriano, with respect to the First Accretion, and the
respondents collectively, with regard to the Second
Accretion, had illegally registered the said accretions in
their names, notwithstanding the fact that they were not
the riparian owners.

The RTC Ruled in favor of Francisco, et al.

The CA Ruled reversed and set aside the RTC Decision
Hence this petition.
 ISSUE

Whether or not the accretion received by the

Motherland is registrable in riparian
owner’s name
 SUPREME COURT RULING
Article 457 of the Civil Code states the rule on accretion as
follows: "to the owners of lands adjoining the banks of rivers
belong the accretion which they gradually receive from the
effects of the current of the waters."

The law provides that, while lands added to the shore by

accretions and alluvial deposits caused by the action of the
sea form part of the public domain, such lands, when they are
no longer washed by the waters of the sea and are not
necessary for purposes of public utility, or for the established
of special industries, or for the coast guard service, shall be
declared by the Government to be the property of the owners
of the estates adjacent thereto and as increment thereof.
 SUPREME COURT RULING
In other words, the law recognizes the preferential right of
the littoral owner to the foreshore land formed by accretions
or alluvial deposits due to the action of the sea.

Accordingly, therefore, alluvial deposits along the banks of a

creek or a river 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.
Thankyou…