Office of The City Mayor of Parañaque City Vs Ebio

OFFICE OF THE CITY MAYOR OF PARAAQUE, et. al, vs. MARIO EBIO, et. al.
(G.R. No. 178411, June 23, 2010 )

FACTS: Respondents claim that they are the absolute owners of a parcel of land which
was an accretion of Cut-cut creek, and that the original occupant and possessor of the said parcel
of land was their great grandfather, Jose Vitalez. Sometime in 1930, Jose gave the land to his
son, Pedro Vitalez. From then on, Pedro continuously and exclusively occupied and possessed
the said lot. In 1966, after executing an affidavit declaring possession and occupancy, Pedro was
able to obtain a tax declaration over the said property in his name. Since then, respondents have
been religiously paying real property taxes for the said property. Meanwhile, in 1961, respondent
Mario Ebio married Pedros daughter, Zenaida. On April 21, 1987, Pedro executed a notarized
Transfer of Rights ceding his claim over the entire parcel of land in favor of Mario Ebio.
Subsequently, the tax declarations under Pedros name were cancelled and new ones were issued
in Mario Ebios name.

On March 30, 1999, the Office of the Sangguniang Barangay of Vitalez passed Resolution
No. 08, series of 1999 seeking assistance from the City Government of Paraaque for the
construction of an access road along Cut-cut Creek located in the said barangay and would
be traversing the lot occupied by the respondents. When the city government advised all the
affected residents to vacate the said area, respondents immediately registered their opposition
thereto. Threatened of being evicted, respondents applied for a writ of preliminary injunction
against petitioners. The RTC denied the petition for lack of merit. Aggrieved, respondents
elevated the matter to the Court of Appeals who issued its Decision in favor of the respondent.

ISSUE: Whether or not the character of respondents possession and occupation of the subject
property entitles them to avail of the relief of prohibitory injunction.

HELD: The petition is without merit.
In the case at bar, respondents filed an action for injunction to prevent the local
government of Paraaque City from proceeding with the construction of an access road that will
traverse through a parcel of land which they claim is owned by them by virtue of acquisitive
prescription. Petitioners, however, argue that since the creek, being a tributary of the river, is
classified as part of the public domain, any land that may have formed along its banks through
time should also be considered as part of the public domain. Such contention is untenable.

It is an uncontested fact that the subject land was formed from the alluvial deposits that
have gradually settled along the banks of Cut-cut creek. This being the case, the law that governs
ownership over the accreted portion is Article 84 of the Spanish Law of Waters of 1866
(Accretions deposited gradually upon lands contiguous to creeks, streams, rivers, and lakes, by
accessions or sediments from the waters thereof, belong to the owners of such lands), which
remains in effect, in relation to Article 457 of the Civil Code (To the owners of lands adjoining
the banks of rivers belong the accretion which they gradually receive from the effects of the
current of the waters).

It is therefore explicit from the foregoing provisions that alluvial deposits along the banks
of a creek do not form part of the public domain as the alluvial property automatically belongs to
the owner of the estate to which it may have been added. The only restriction provided for by
law is that the owner of the adjoining property must register the same under the Torrens system;
otherwise, the alluvial property may be subject to acquisition through prescription by third
persons.

In contrast, properties of public dominion cannot be acquired by prescription. No
matter how long the possession of the properties has been, there can be no prescription against
the State regarding property of public domain. Hence, while it is true that a creek is a property of
public dominion, the land which is formed by the gradual and imperceptible accumulation of
sediments along its banks does not form part of the public domain by clear provision of law.

It was also held that the character of possession and ownership by the respondents over
the contested land entitles them to the avails of the action.

In the case at bar, only one conclusion can be made: that for more than thirty (30) years,
neither Guaranteed Homes, Inc. nor the local government of Paraaque in its corporate or private
capacity sought to register the accreted portion. Undoubtedly, respondents are deemed to have
acquired ownership over the subject property through prescription. Respondents can assert such
right despite the fact that they have yet to register their title over the said lot. It must be
remembered that the purpose of land registration is not the acquisition of lands, but only the
registration of title which the applicant already possessed over the land. Registration was never
intended as a means of acquiring ownership. A decree of registration merely confirms, but does
not confer, ownership.

Submitted by:
Lovelle Marie B. Role

Office of The City Mayor of Parañaque City Vs Ebio

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OFFICE OF THE CITY MAYOR OF PARAAQUE, et. al, vs. MARIO EBIO, et. al.

(G.R. No. 178411, June 23, 2010 )

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