2016 (Civil Law) Bar Exam Questions: Question 7

[Answer/discuss the question below, or see 2016 bar exam Civil Law Instructions; 2016 Labor Law Questions:   12345678910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-VII-

Benjamin is the owner of a titled lot which is bounded on the north by the Maragondon River. An alluvial deposit of two (2) hectares was added to the registered area. Daniel took possession of the portion formed by accretion and claims that he has been in open, continuous and undisturbed possession ofsaid portion since 1923 as shown by a tax declaration. In 1958, Benjamin filed a Complaint for Quieting of Title and contends that the alluvium belongs to him as the riparian owner and that since the alluvium is, by law, part and parcel ofthe registered property, the same may be considered as registered property. Decide the case and explain. (5%)

One comment

  1. Benjamin’s filed complaint for Quieting of Title and contentions that the Alluvium belongs to him as the riparian owner thereof with the respect that the Alluvial deposit was protected by a registered title is tenable.

    Based on the provisions on Alluvium under the Civil Code, a land owned by a riparian owner, and covered by a Torrens Title that was gradually diminished and the opposite bank gradually increased due to the current of the river does not protect the riparian owner against the diminution of the area of his land thru the gradual changes in the course of the adjoining stream.

    Furthermore, that if a portion of land protected by a Torrens Title is lost by alluvium, the registered owner is NOT protected by the registration, therefore, he loses said portion.

    Unless, the riparian owner (Benjamin) registered the alluvial property under the operation of the Land Registration Law, it would be then protected by way of acquisition through prescription by third persons.

    Therefore, Benjamin’s filing of the complaint for Quieting of Title interrupts the running of the prescriptive period of fifty (50) years on the provisions on alluvium and upon registration of the unregistered alluvial deposit, Bejamin shall be compensated for the loss that he may have suffered due to erosion, or either the property is subjected to encumbrances and legal easements.

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