Accretion Belongs to Riparian Owners, Foreshore Land Belongs to the State

G.R. No. 68166, February 12, 1997

Imagine a piece of land gradually expanding as the river slowly deposits soil along its bank. Who owns that new land? This seemingly simple question has significant legal and economic consequences, especially in a country like the Philippines with its extensive coastlines and river systems. The Supreme Court case of Heirs of Emiliano Navarro vs. Intermediate Appellate Court clarifies the distinction between accretion (land formed by gradual deposit of soil from a river) and foreshore land (land formed by the action of the sea), and who has the right to own each.

This case revolves around a dispute over a 14-hectare property in Balanga, Bataan, claimed by the heirs of Sinforoso Pascual as an accretion to their existing land. The heirs of Emiliano Navarro, along with the government, opposed the claim, arguing that the land was actually foreshore land and thus belonged to the public domain. The Supreme Court ultimately sided with the government, emphasizing the importance of understanding the origin of land formation when determining property rights.

Understanding Accretion and Foreshore Land

Philippine law distinguishes between two primary ways land can be formed naturally along bodies of water: accretion and the recession of the sea. Accretion, governed by Article 457 of the Civil Code, refers to the gradual and imperceptible addition of soil to property bordering a riverbank due to the river’s natural action.

In contrast, foreshore land is the land located between the high and low water marks that is formed by the action of the sea. The Spanish Law of Waters of 1866 governs foreshore land. This law states that land added to the shore by the action of the sea forms part of the public domain.

Article 457 of the Civil Code states: “To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the flow of the waters.”

The Case: Rivers vs. Manila Bay

The heirs of Sinforoso Pascual filed for land registration, claiming the 14-hectare property was an accretion to their existing land, which was bordered by the Talisay and Bulacan rivers and Manila Bay. Emiliano Navarro, the oppositor, argued the land was part of the foreshore of Manila Bay and thus public land, a portion of which he leased for a fishpond.

The case followed this path:

• Court of First Instance: Ruled against Pascual, declaring the land foreshore and part of the public domain.
• Intermediate Appellate Court: Reversed the decision, granting land registration to Pascual’s heirs, except for a 50-meter strip along Manila Bay.
• Supreme Court: Reversed the appellate court, reinstating the Court of First Instance’s decision.

The Supreme Court emphasized the land’s location and formation. Since the disputed land was adjacent to Manila Bay, a sea, and not formed by the action of the rivers, it could not be considered accretion under Article 457 of the Civil Code. The court highlighted this critical point when they quoted the trial court’s observation:

“Said Art. 457 finds no applicability where the accretion must have been caused by action of the bay.”

Further, the Supreme Court emphasized that the private respondent’s own witness admitted the land was once part of the shore and only began to get higher after trees were planted. This supported the conclusion that the land’s formation was due to the sea’s action and the trapping of sediment, further solidifying its status as foreshore land.

The Court cited Article 4 of the Spanish Law of Waters of 1866, which states that lands added to the shores by accretions and alluvial deposits caused by the action of the sea form part of the public domain.

“Lands added to the shores by accretions and alluvial deposits caused by the action of the sea, form part of the public domain. When they are no longer washed by the waters of the sea and are not necessary for purposes of public utility, or for the establishment of special industries, or for the coast-guard service, the Government shall declare them to be the property of the owners of the estates adjacent thereto and as increment thereof.”

Practical Implications for Property Owners

This case serves as a crucial reminder to landowners adjacent to bodies of water. It highlights the importance of understanding the origin of land formation when claiming ownership of newly formed land. If the land is formed by a river’s gradual deposit of soil, it may be considered accretion and belong to the adjacent landowner. However, if formed by the sea’s action, it is likely foreshore land and belongs to the public domain.

Key Lessons:

• Determine the Source: Carefully investigate whether new land was formed by river action (accretion) or sea action (foreshore).
• Consult Experts: Seek professional advice from geodetic engineers and legal experts to assess the land formation process.
• Understand Legal Frameworks: Be aware of the relevant laws, including the Civil Code and the Spanish Law of Waters of 1866.
• Consider Public Domain: Recognize that foreshore land is generally part of the public domain and requires government authorization for private appropriation.

Hypothetical Example: Maria owns a property bordering a lake. Over several years, the water level recedes, exposing a significant strip of new land. To claim ownership, Maria must prove the land’s formation was due to the lake’s natural recession and not due to artificial interventions or other factors that would classify it differently.

Frequently Asked Questions

Q: What is the difference between accretion and alluvium?

A: Accretion is the process of soil deposition, while alluvium is the soil deposited on the estate fronting the riverbank.

Q: Who owns land formed by accretion?

A: Under Article 457 of the Civil Code, the owner of the land adjoining the riverbank automatically owns the accretion.

Q: What is foreshore land, and who owns it?

A: Foreshore land is the land between the high and low water marks formed by the sea’s action. Generally, it belongs to the public domain.

Q: Can foreshore land ever become private property?

A: Yes, but only if the government declares it no longer needed for public use and expressly authorizes its transfer to private ownership.

Q: What law governs foreshore land?

A: The Spanish Law of Waters of 1866 governs foreshore land.

Q: What should I do if I believe my property has gained land through accretion?

A: Consult with a geodetic engineer to survey the land and a lawyer to assess your legal rights and options for claiming ownership.

Q: What if my land borders a lake instead of a river or the sea?

A: Different laws apply to land bordering lakes, such as Laguna de Bay. It’s essential to consult with a legal expert to understand the specific regulations.

ASG Law specializes in land registration and property disputes. Contact us or email hello@asglawpartners.com to schedule a consultation.