Simplicio Binalay vs.

Guillermo Manalo
GR No. 92161

Location: Tumauini, Isabela

Petitioner: They are in possession of Lot 821 and insist that they own such land. They occupy the outer
edges of Lot 821 along the river banks, the fertile portions on which they plant tobacco and agricultural
products. They also cultivate the western strip of the unsurveyed portion during summer.

Respondent: He claims that Lot 821 belongs to him by way of accretion to the submerged property to
which it is adjacent. He alleged that he owns the 2 parcel of land he bought separately from Faustina
Taccad and Gregorio Taguba

Doctrine: A sudden and forceful action like that of flooding is not the alluvial process contemplated in
Article 457. The accumulation of the soil deposits must be slow and hardly imperceptible in order for the
riparian owner to acquire ownership thereof. The land where the accretion takes place is adjacent to the
banks of the rivers.

Facts:

The late judge Taccad originally owned a 20hectares parcel of land in Isabela. The western portion
would periodically go under the waters of Cagayan River as those waters swelled with the coming rains.
The submerged portions would reappear during dry season. The ownership of the landholding
eventually moved from one person to another. Respondent Guillermo Manalo acquired 8.65 hectares
from the daughter of Judge Taccad and later on had purchased another 1.80 hectares from Gregorio
Taguba which were consolidated into Lot 307.

When a survey of the land was conducted on a rainy month, a portion of the land of Manalo was then
underwater and was thus left unsurveyed and excluded from lot 307. The Sketch Plan submitted shows
that the Cagayan River running from south to north, forks at a certain point to form two branches - the
western and the eastern branches - and then unites at the other end, further north, to form a narrow
strip of land. The eastern branch of the river cuts through the land of respondent Manalo and is
inundated with water only during rainy season. The bed of the eastern branch is the submerged or the
unsurveyed portion of the land belonging to Manalo. The elongated strip of land formed by western and
eastern branches of the Cagayan River looked very much like an island.

On another survey, it was found to have a total area of 22.7209 hectares and was designated as lot 821
and 822. Lot 821 is located directly at the opposite of Lot 307 and is separated from the latter only by
the Eastern branch of Cagayan river during the rainy season and during the dry season, by the exposed,
dry river bed..

Respondent filed 2 cases of forcible entry which were both dismissed. Later on, respondent filed a
complaint for quieting of title, possession and damages against petitioners. He alleged ownership over
the 2 parcels of land. Trial court ruled in favor of Manalo. CA affirmed the decision of the lower court.

CA’s ruling:
Lot 821 cannot be considered separate and distinct from Lot 307 since the Eastern Branch of Cagayan
River substantially dries. Lot 821 becomes physically connected with the dried up bed owned by Manalo.
Issue:

Whether or not Manalo owns Lot 821

Held:

No.

Article 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 Cagayan River occur with the annual coming of the rains as
the river waters in their onward course cover the entire depressed portion. The court ruled that the
depressed portion is a riverbed. The pictures identified by Manalo during his direct examination depict
the depressed portion as riverbed. The dried up portion had dike-like slopes on both sides connecting it
to Lot 307 and Lot 821 that are vertical and very prominent. The eastern bed already existed even
before Manalo bought the land, and it was called Rio Muerte de Cagayan. Manalo could not have
acquire ownership over the land because article 420 of the Civil Code states that rivers are property of
public dominion. The word “river” includes running wates, the bed, snd the banks. The submerged area
is twice the land he actually bought. It is difficult to suppose that such a sizable area could have been
brought about by accretion.

The requisites of accretion were not satisfied which are: 1) that the deposition of the 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) the
kand where the accretion takes place is adjacent to the banks of the river (or the sea coast). The
accretion should have been attached to Lot 307 for Manalo to acquire its ownership but the claimed
accretion lies on thw bank of the river; nor adjacent to Lot 307 but directly opposite it – across river. The
dike-like slopes which were very steep may only be formed by a sudden and forceful action like flooding.
The steep slopes could not have been formed by the river in a slow and gradual manner.