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Art. 455. If the materials, plants or seeds belong to a third person who has not acted in Art. 457. To the owners of lands adjoining the banks of rivers belong the accretion
bad faith, the owner of the land shall answer subsidiarily for their value and only in the which they gradually receive from the effects of the current of the waters.
event that the one who made use of them has no property with which to pay.
This provision shall not apply if the owner makes use of the right granted by Forms of Accession Natural
the owner makes use of the right granted by Article 450. If the owner of the materials, 1. Alluvium
plants or seeds has been paid by the builder, planter or sower, the latter may demand 2. Avulsion
from the landowner the value of the materials and labor. 3. Change of course of rivers
4. Formation of islands
Rule When 3 Parties are Involved
1. Landowner Alluvium: the soil deposited or added to accretion the lands adjoining the banks of
2. Builder/Planter/Sower rivers, & gradually received as an effect of the current of the waters
3. Owner of the Materials Note:

Rights of Owner of Materials ACCRETION ALLUVIUM

If he acted in BAD FAITH If he acted in GOOD FAITH
- he loses all rights to be indemnified - he is entitled to reimbursement from
- he can be liable for consequential the builder/planter/sower PRINCIPALLY
damages (e.g. when the materials are - in case of insolvency of the B/P/S, the
of an inferior quality) landowner is SUBSIDIARILY liable, if he
makes use of the materials
The Landowner makes use of the materials only if he appropriates the
construction. If he compels the builder to:
1. purchase the land, or
2. demolish the construction, the landowner does not make use of the materials,
hence, he cannot be held subsidiarily liable
If the Owner of Materials (OM) & B/P/S are in Bad Faith, and the Landowner
is in Good Faith, the Landowner can ask damages from both:
1. he may appropriate the house for his own, w/o payment of indemnity for
useful or necessary expenses for the house, but w/ indemnity for the
necessary expenses for preservation of the land
2. demand the demolition of the house at the B/P/S’s expense
3. compel the B/P/S to pay the price of the land whether the land is considerably
more valuable than the house or not
→ as between the B/P/S & OM who are both in bad faith, good faith must govern
→ the OM must be reimbursed by the B/P/S, but in case he cannot pay, the landowner
will not be subsidiarily liable, because as to him, the OM is in bad faith
→ if the B/P/S pays, he cannot ask for reimbursement from the landowner, because as
to him, the B/P/S is in bad faith
Art. 456. In the cases regulated in the preceding articles, good faith does not
necessarily exclude negligence, which gives right to damages under article 2176.
Good Faith may Co-Exist w/ Negligence
• it is possible that a person may be in good faith, & also negligent
• in negligence, there is no intent to do wrong
• on the other hand, bad faith presupposes an intent to cause damage or
prejudice
The process whereby the The soil deposited on the estate fronting the river
soil deposited bank; the owner of such estate is the riparian owner
A broader term A narrower term – applies only to the soil deposited on
river banks
Essential Requisites of Alluvium
1. the deposit should be gradual & imperceptible
2. cause is the current of the river (and not due to works expressly designed for
the purpose)
3. current must be that of a river
a. if a lake – the Spanish Law of Waters must apply
b. if the sea – the deposit belongs to the State
4. the river must continue to exist
5. the increase must be comparatively little
Note: it is not necessary that:
• the riparian owner should make an express act of possession, the accession
being automatically his the moment the soil deposit can be seen
• the riparian has completely paid for the value of the riparian estate, as long as
he already had the equitable/beneficial title
Requisites for Accretion to Benefit the Riparian Owner
1. the deposit be gradual & imperceptible
2. it resulted from the effects of the current of the water
3. the land where accretion takes place is adjacent to the bank of a river
Reasons Why Alluvium is Granted the Riparian Owner
1. to compensate him for the loss he may suffer due to erosion or the destructive
force of the water & danger from floods
2. to compensate him because the property is subject to encumbrances & legal
easements
3. the interests of agriculture require that the soil be given to the person who is
in the best position to cultivate the same
4. since after all, it cannot be said w/ certainty from whom the soil came, it may
just as well be logically given to him who can best utilize the property

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Accretion on the bank of a lake
Accretion on the bank of an island
formed in a non-navigable river
Accretion on a sea bank
Belongs to the owners of the estate to w/c
they have been added
Belongs to the owner of the island
Belongs to the public domain
ALLUVIUM
The deposit of soil is gradual
Soil cannot be identified
Belongs to the owner of property to w/c
it is attached
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AVULSION
Sudden or abrupt process may be seen
Identifiable or verifiable
Belongs to the owner from whose
property it was detached

Torrens Title
• of a portion of land protected by a Torrens Certificate of Title is lost by
alluvium, the registered owner is NOT protected by the registration of said
portion; he loses said portion
• an alluvial deposit does NOT automatically become registered land simply
because the lot w/c receives it is covered by a Torrens Title
• in order that alluvial property may be entitled to protection of
imprescriptibility, the same must be placed under the operation of the Land
Registration Law
• an unregistered alluvial property is therefore subject to acquisition through
prescription by 3rd persons
Art. 458. The owners of estates adjoining ponds or lagoons do not acquire the land left
dry by the natural decrease of the waters, or lose that inundated by them in
extraordinary floods.
River: a natural stream of water, a greater volume than a creek or rivulet flowing, in a
more or less permanent bed or channel, between defined banks or walls, w/ a current
w/c may either be continuous in 1 direction or affected by the ebb & flow of the tide
Creek: a small stream less than a river; a recess or inlet in the shore of a river, & not
a separate or independent stream, though it is sometimes used in the latter meaning
Torrent: a violent, rushing or turbulent stream
Art. 460. Trees uprooted and carried away by the current of the waters belong to the
owner of the land upon which they may be cast, if the owners do not claim them within
six months. If such owners claim them, they shall pay the expenses incurred in
gathering them or putting them in a safe place.
Rule on Uprooted Trees: Original owner has 6 months to claim the uprooted trees

When Art. 458 is Applicable When Art. 458 is Not Applicable Rule if Trees Have Been Transplanted: ownership still pertains to the person who
When the estate adjoins: When the estate adjoins: lost the trees provided that the claim was made property. But the owner of the land
- a pond - a lake upon w/c the trees have been case, does not have to wait for 6 months before he can
- a lagoon - a river temporarily set them aside to make proper use of his own land.
- a creek
- other streams Effect if Claim is Made but Trees are not Removed: An action may still be filed
afterwards for recovery of the trees, provided that the action is brought w/in the period
Pond: a body of stagnant water w/o an outlet, larger than a puddle & smaller than a set by law for prescription of movable property
lake, or like body of water w/ a small outlet • 4 years – ordinary prescription – for the recovery
• 6 months – a condition precedent – for the claim
Lagoon: a small lake, ordinarily of fresh water, & not very deep, fed by floods, the
hollow bed of w/c is bounded by the elevations of the land Art. 461. River beds which are abandoned through the natural change in the course of
the waters ipso facto belong to the owners whose lands are occupied by the new course
Lake: a body of water formed in depressions of the earth; ordinarily fresh water in proportion to the area lost. However, the owners of the lands adjoining the old bed
coming from rivers, brooks, or springs & connected w/ the sea by them shall have the right to acquire the same by paying the value thereof, which value shall
not exceed the value of the area occupied by the new bed.
Art. 459. Whenever the current of a river, creek or torrent segregates from an estate
on its bank a known portion of land and transfers it to another estate, the owner of the Requisites for Art. 461 (Change of River Bed) to Apply
land to which the segregated portion belonged retains the ownership of it, provided 1. the change must be sudden in order that the old river may be identified
that he removes the same within two years. 2. the changing of the course must be more or less permanent, & not temporary
overflooding of another’s land
Avulsion: 3. the change of the river bed must be a natural one, i.e., caused by natural
• the process whereby the current of a river/creek/torrent segregates from an forces, & not by artificial means such as those used by private individuals
estate on its bank a known portion of land & transfers it to another estate authorized by government – in w/c case the State may give the old river ed to
• the removal of considerable quantity of earth upon or annexation to the land the persons responsible for the change
or another, suddenly & by the perceptible action of the water 4. there must a definite abandonment by the government
• “the force of water” 5. the river must continue to exist, that is, it must not completely dry up or
• “delayed accession” disappear

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“In proportion to the area lost”
• Has no application if only 1 owner has lost
• If only 1 owner has lost, he gets the entire abandoned river bed
• “proportion” applies when there are 2 or more owners who have lost a portion
of their lots; in this case, the ENTIRE abandoned bed will go to them
proportionately (in proportion to the area each has lost)
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• If the river goes back to its old course, thus flooding the original bed, the
owner of the land originally flooded would get back the ownership of the land
(bed) w/c he had lost
Note: the abandoned river bed is given to the owner(s) of the land(s) onto w/c the
river changed its course instead of the riparian owners

Reason for Inserting the Phrase ‘Ipso Facto’ Art. 463. Whenever the current of a river divides itself into branches, leaving a piece of
• To make it clear that the rule applies by the mere fact of the occurrence of a land or part thereof isolated, the owner of the land retains his ownership. He also
natural change in the course of the waters retains it if a portion of land is separated from the estate by the current.
• The prejudiced landowner automatically becomes the owner of the abandoned
river bed, once the conditions stated in the article are fulfilled or manifest, w/o Rule if River Divides Itself into Branches
the necessity of any action or exercise of possession on their part
• Their mode of acquisition would be by virtue of the law A’s estate adjoins a river, but the river divides itself into branches, thus affecting A’s
property. A however remains the owner of the portion (this time – an island) which:
Proposal of Cong. Arturo Tolentino 1. may be isolated from the rest (ISOLATION)
• Repeal Art. 461 & restore Art. 370 of the Old Civil Code: “Beds of rivers 2. may be separated from the rest (SEARATION)
abandoned because of a change in the natural change in the course of the
water belong to the owners of the land bordering thereon throughout their Note: The rule is applicable whether the river is navigable or not.
respective extents. If the abandoned bed divides estates belonging to different
owners, the new dividing line shall be equidistant from the former boundaries” Art. 463 Art. 464 & 465
Formation of island by the Formation of islands by successive accumulation
Answer of the Code Commission
branching off of a river of alluvial deposits (unidentifiable sediment)
• The new solution is by way of compensation for the loss of the land occupied
No accession takes place, the Accession takes place
by the new bed. It is believed to be more equitable to compensate the actual
owner retaining his ownership of
losers than to add land to those who have lost nothing.
the segregated portion
Observation of Justice JBL Ryes
• Art. 461 is “unworkable if the old bed left dry doesn’t adjoin the lands of the
new owner, unworkable because distance may make its economic Art. 464. Islands which may be formed on the seas within the jurisdiction of the
development difficult.” Philippines, on lakes, and on navigable or floatable rivers belong to the State.
• New solution offered: The old bed should be given to the riparian owners of Art. 465. Islands which through successive accumulation of alluvial deposits are formed
the land flooded, but never to exceed the value of either the new or the old in non-navigable and non-floatable rivers, belong to the owners of the margins or
bed, whichever be smaller. banks nearest to each of them, or to the owners of both margins if the island is in the
middle of the river, in which case it shall be divided longitudinally in halves. If a single
Answer of Code Commission to the Proposed Amendment by Justice JBL Reyes island thus formed be more distant from one margin than from the other, the owner of
• The amendment may work an injustice if the riparian owner doesn’t have the nearer margin shall be the sole owner thereof.
enough money for indemnification, in w/c case no compensation may be had
for the loss, unlike in Art. 461 w/c makes the prejudiced party the owner of
the abandoned river bed. In most cases, the distance wouldn’t be very long. OWNERSHIP OF ISLANDS
w/in the territorial waters or maritime zone or jurisdiction
Art. 462. Whenever a river, changing its course by natural causes, opens a new bed If formed on the sea of the Philippines - STATE
through a private estate, this bed shall become of public dominion. Outside our territorial jurisdiction – the 1st country to
effectively occupy the same
Rule if New River Bed is on Private Estate If formed on lakes, Patrimonial property of the STATE
• Even if the new bed is on private property, the be becomes property of public navigable or floatable rivers
domain, just as the old bed had been of public domain before abandonment If NEARER in margin to one bank, owner of nearer
• The new river banks shall likewise be of public domain If formed on non-navigable margin, is SOLE owner.
or non-floatable rivers If EQUIDISTANT, the island shall be divided longitudinally
Rule if New River Bed is Itself Abandoned in halves, each bank getting half.
• The owner of the land flooded by the new change of course would own the
newly abandoned bed

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Navigable/Floatable Rivers: if useful for floatage & commerce, whether the tides
affect the water or not
Non-Navigable: the opposite of navigable rivers
Note: The State has a duty to declare w/c rivers are navigable & w/c are not
Rule to follow if a New Island is Formed Bet. the Older Island & the Bank: the
owner of the older island is considered a riparian owner, & if the new island is nearer in
margin to the older island, the owner of the older island should be considered also the
owner of the new island
SECTION 3. - Right of Accession with Respect to Movable Property
3 Types of Accession w/ Respect to Movable Property
1. adjunction
2. mixture (commixtion or confusion)
3. Specification
Art. 466. Whenever two movable things belonging to different owners are, without bad
faith, united in such a way that they form a single object, the owner of the principal
thing acquires the accessory, indemnifying the former owner thereof for its value.
Adjunction/Conjunction: the process by virtue of w/c 2 movable things belonging to
diff. owners are united in such a way that they form single object
Adjunction may be done:
1. in good faith
2. or in bad faith
Different Kinds of Adjunction
1. Inclusion
a. e.g. sapphire set on a ring
2. Soldering
a. e.g. joining legs made of lead to a body also made of lead
Ferrumination: objects are of the same metal
Plumabatura: objects are of different metals
Escritura: writing
Pintura: painting
Weaving
Art. 467. The principal thing, as between two things incorporated, is deemed to be that
to which the other has been united as an ornament, or for its use or perfection.
Art. 468. If it cannot be determined by the rule given in the preceding article which of
the two things incorporated is the principal one, the thing of the greater value shall be
so considered, and as between two things of equal value, that of the greater volume.
In painting and sculpture, writings, printed matter, engraving and lithographs, the
board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing.
SIENNA A. FLORES
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The Principal is (in the order of preference):
1. that to w/c the other has been united as an ornament, or for its use, or
perfection
2. that of greater value
3. that of greater volume
4. that w/c has greater merits (from the combined consideration of utility &
volume)
Rule to Follow if the Adjunction Concerns 3 or more Things: Determine w/c is
really the principal. All the rest should be considered accessories.
Art. 469. Whenever the things united can be separated without injury, their respective
owners may demand their separation.
Nevertheless, in case the thing united for the use, embellishment or perfection
of the other, is much more precious than the principal thing, the owner of the former
may demand its separation, even though the thing to which it has been incorporated
may suffer some injury.
When there can be separation w/o injury: there is no real accession
Rule if Accessory is More Precious than the Principal
• Separation, although w/ injury (but not destruction), is allowed, if the thing
united for the use, embellishment, or perfection of the other is much more
precious than the principal
Art. 470. Whenever the owner of the accessory thing has made the incorporation in
bad faith, he shall lose the thing incorporated and shall have the obligation to
indemnify the owner of the principal thing for the damages he may have suffered.
If the one who has acted in bad faith is the owner of the principal thing, the
owner of the accessory thing shall have a right to choose between the former paying
him its value or that the thing belonging to him be separated, even though for this
purpose it be necessary to destroy the principal thing; and in both cases, furthermore,
there shall be indemnity for damages.
If either one of the owners has made the incorporation with the knowledge
and without the objection of the other, their respective rights shall be determined as
though both acted in good faith.
Owner of ACCESSORY is in Bad Faith Owner of PRINCIPAL is in Bad Faith
- he loses all rights to the accessory thing - owner of accessory has the right to ask
- he will be liable for damages for payment of the accessory, plus
damages, or
- owner of accessory may choose to have
the accessory thing removed from the
principal thing, even if the principal
thing be destroyed, plus damages
Art. 471. Whenever the owner of the material employed without his consent has a right
to an indemnity, he may demand that this consist in the delivery of a thing equal in
kind and value, and in all other respects, to that employed, or else in the price thereof,
according to expert appraisal.
PROPERTY