Locator: G.R. No.

L-77294 (168 SCRA 405)

Title: Angelica Viajar & Celso Viajar vs. Court of Appeals, Leonor P.
Ladrido, et. Al.
Date Promulgated: December 12, 1988

Statement of Facts

Spouses Ricardo and Leonor Ladrido were owners of Lot No. 7511
which was registered in their names.

Spouses Rosendo and Ana Te were also registered owners of a

parcel of land described in their title as Lot No. 7340. Spouses Te sold
said lot to Angelica and and Celso Viajar, and a title was issued under
the names of the latter pair.

During a relocation survey, it was found out that the land (Lot No.
7340) was occupied by Ricardo Ladrido. Viajar demanded its return
but Ladrido refused. Viajar then insituted a civil action with the CFI
against Ladrido.

During the pre-trial show, at the time of the cadastral survey, Lot
No. 7511 and Lot No. 7340 were separated by the Suague River; that
the former river bed of Suage River was in the possession of the
defendants; and that the plaintiffs have never been in actual physical
possession of Lot No. 7340.

CFI ruled in favor of the defendants declaring them as owners. CA

affirmed with the CFI ruling.

Issue(s)

Does the Torrens System protect the riparian owner against

diminution of the area of his registered land through gradual changes
in the course of an adjoining stream?

Ruling

No, registration under the Torrens System does not protect the
riparian owner. Art. 366 of the Old Civil Code provides "accretions
which the banks or rivers may gradually receive from the effects of the
current of the waters becomes the property of the owners of the lands
adjoining the banks." Accretions of that character are natural incidents
to land bordering on running streams and are not affected by the
registration laws.