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Right of Accession - Case Digests
Right of Accession - Case Digests
for they are not made through the effects of the current
of river waters.
FACTS
HELD
FACTS
ISSUE
Whether or not Depra may take possession of the
disputed lot area and have the kitchen thereon removed.
FACTS
Records reveal that the 87 square meter parcel of
land, which is the subject of dispute in this case, is
included as part of the 295-square meter lot belonging
to Gregorio Bongato and Clara Botcon by virtue of a
cadastral survey conducted in 1909 by the Bureau of
Lands in Butuan, Agusan. Such land was registered
under Original Certificate of Title No. RO-72 (138)
issued in favor of Bongato and Botcon in 1923. In 1933,
this lot was purchased by spouses Marcos Bongato and
Eusebia More, and was inherited by their children (who
are half-siblings), Aurora Bongato and Jardenio Sanchez,
upon their death. On this lot, a portion of the
petitioners house was constructed.
ISSUE
Whether or not the rule under Article 448 of the New
Civil Code may be applied to this case.
HELD
Note that in the Tecnogas case supra, the same opinion was quoted and
used as an argument by petitioner Tecnogas in order to support its
position to compel the sale of the encroached portion of Eduardo Uys
lot. The Supreme Court in said case ruled that the workable solution
enunciated in Grana and Torralba vs. Court of Appeals may be applied
only to the latter case.
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