DESAMPARADO VDA. DE NAZARENO vs. C.

Facts:
Sometimes in 1979, PR Salasalan and Rabaya leased the subject land which
was formed as a result of sawdust dumped into the dried-up creek and on which their
houses stood from one Antonio Nazareno. In the latter part of 1982, PR allegedly
stopped paying rentals. As a result, petitioners filed a case for ejectment. A decision was
rendered against PR, which decision was affirmed. Before Antonio Nazareno died he
applied for approval of a Survey plan by the Bureau of Lands with a view of perfecting
his title over the accretion are being claimed by him. Before the approved survey plan
could be released to the applicant, however it was protested by PR before the Bureau of
Land.

Upon investigating of the RD of Bureau of Land, the Survey Plan in the name of
Antonio Nazareno was denied. Respondent Director of Land then ordered him to vacate
the portion adjudicated to private respondent be placed in possession thereof.

Issue: Whether or Not the subject land is public land.

Ruling:

Yes. The accretion was man made or artificial this excludes from Art. 457 of the
civil code. The requirement that the deposit should be due to the effect of the current of
the river is indispensable. This excludes all deposits caused by human intervention.

The Court held that accretion, as a mode of acquiring property under Art. 457 of the
Civil Code, requires the concurrence of these requisites.
a. That the deposition of soil or sediment be gradual and imperceptible;
b. That it be the result of the action of the waters of the river (or sea).
c. That the land where takes place is adjacent to the bank of river (or the sea cost).

These are called the rules on alluvium which if present in a case, give to the owner of
lands adjoining the bank of rivers or stream any accretion gradually received from the
effect of the current of waters.

Digested by: MILH