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    141 Spouses Galang v. Spouses Reyes, G.R. No. 184746, August 15, 2012

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    Mik Zeid
    The Reyeses claimed ownership over property that was allegedly the dried up riverbed of Marigman Creek. They argued the creek naturally changed its course through their property, so they owned the old riverbed under Article 461 of the Civil Code. However, the Reyeses failed to conclusively prove the old course of the creek, the new course, and that the change was natural rather than man-made. The Court ruled in favor of the Galangs, to whom the property was titled, as the Reyeses' uncorroborated testimonial evidence was insufficient to overcome the presumption of regularity given to the Torrens title issued by the government.

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    141 Spouses Galang v. Spouses Reyes, G.R. No. 184746, August 15, 2012

    Uploaded by

    Mik Zeid
    168 views2 pages
    The Reyeses claimed ownership over property that was allegedly the dried up riverbed of Marigman Creek. They argued the creek naturally changed its course through their property, so they owned the old riverbed under Article 461 of the Civil Code. However, the Reyeses failed to conclusively prove the old course of the creek, the new course, and that the change was natural rather than man-made. The Court ruled in favor of the Galangs, to whom the property was titled, as the Reyeses' uncorroborated testimonial evidence was insufficient to overcome the presumption of regularity given to the Torrens title issued by the government.

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    The Reyeses claimed ownership over property that was allegedly the dried up riverbed of Marigman Creek. They argued the creek naturally changed its course through their property, so they owned the old riverbed under Article 461 of the Civil Code. However, the Reyeses failed to conclusively prove the old course of the creek, the new course, and that the change was natural rather than man-made. The Court ruled in favor of the Galangs, to whom the property was titled, as the Reyeses' uncorroborated testimonial evidence was insufficient to overcome the presumption of regularity given to the Torrens title issued by the government.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    168 views2 pages

    141 Spouses Galang v. Spouses Reyes, G.R. No. 184746, August 15, 2012

    Uploaded by

    Mik Zeid
    The Reyeses claimed ownership over property that was allegedly the dried up riverbed of Marigman Creek. They argued the creek naturally changed its course through their property, so they owned the old riverbed under Article 461 of the Civil Code. However, the Reyeses failed to conclusively prove the old course of the creek, the new course, and that the change was natural rather than man-made. The Court ruled in favor of the Galangs, to whom the property was titled, as the Reyeses' uncorroborated testimonial evidence was insufficient to overcome the presumption of regularity given to the Torrens title issued by the government.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    G.R. No.

    184746 August 8, 2012

    SPOUSES CRISPIN GALANG and CARlOAD GALANG, Petitioners,


    vs.
    SPOUSES CONRADO S. REYES AND FE DE KASTRO REYES (As substituted by their
    legal heir: Hermenigildo K. Reyes), Respondents.

    REYES,*

    Facts:

    On September 4, 1997, spouses Conrado S. Reyes and Fe de Kastro Reyes (the


    Reyeses) filed a case for the annulment of Original Certificate of Title (OCT) No. P-928
    against spouses Crispin and Caridad Galang (the Galangs) with the Regional Trial Court,
    Antipolo, Rizal (RTC),docketed as Civil Case No. 97-4560.

    In their Complaint,3 the Reyeses alleged that they owned two properties: (1) a subdivision
    project known as Ponderosa Heights Subdivision (Ponderosa), and (2) an adjoining property
    covered by Transfer Certificate of Title (TCT) No. 185252, with an area of 1,201 sq.m.;4 that
    the properties were separated by the Marigman Creek, which dried up sometime in 1980
    when it changed its course and passed through Ponderosa; that the Galangs, by employing
    manipulation and fraud, were able to obtain a certificate of title over the dried up creek bed
    from the Department of Environment and Natural Resources (DENR), through its Provincial
    Office (PENRO); that, specifically, the property was denominated as Lot 5735, Cad 29 Ext.,
    Case-1, with an area of 1,573 sq.m. covered by OCT No. P-928; that they discovered the
    existence of the certificate of title sometime in March 1997 when their caretaker, Federico
    Enteroso (Enteroso), informed them that the subject property had been fraudulently titled in
    the names of the Galangs; that in 1984, prior to such discovery, Enteroso applied for the
    titling of the property, as he had been occupying it since 1968 and had built his house on it;
    that, later, Enteroso requested them to continue the application because of financial
    constraints on his part;5 that they continued the application, but later learned that the
    application papers were lost in the Assessor’s Office;6 and that as the owners of the land
    where the new course of water passed, they are entitled to the ownership of the property to
    compensate them for the loss of the land being occupied by the new creek.

    The Galangs in their Answer7 denied that the land subject of the complaint was part of a
    creek and countered that OCT No. P-928 was issued to them after they had complied with
    the free patent requirements of the DENR, through the PENRO; that they and their
    predecessor-in-interest had been in possession, occupation, cultivation, and ownership of
    the land for quite some time; that the property described under TCT No. 185252 belonged to
    Apolonio Galang, their predecessor-in-interest, under OCT No. 3991; that the property was
    transferred in the names of the Reyeses through falsified document;8 that assuming ex gratia
    argumenti that the creek had indeed changed its course and passed through Ponderosa, the
    Reyeses had already claimed for themselves the portion of the dried creek which adjoined
    and co-existed with their property; that Enteroso was able to occupy a portion of their land by
    means of force, coercion, machinations, and stealth in 1981; that such unlawful entry was
    then the subject of an Accion Publiciana before the RTC of Antipolo City (Branch 72); and
    that at the time of the filing of the Complaint, the matter was still subject of an appeal before
    the CA, under CA-G.R. CV No. 53509.
    Issue: Whether or not the Torrens title issued on the lot to Reyes valid.

    Ruling: No.

    Property; dried-up riverbed. If indeed a property was the former bed of a creek that changed
    its course and passed through the property of the claimant, then, pursuant to Article 461, the
    ownership of the old bed left to dry by the change of course was automatically acquired by
    the claimant. Before such a conclusion can be reached, the fact of natural abandonment of
    the old course must be shown, that is, it must be proven that the creek indeed changed its
    course without artificial or man-made intervention. Thus, the claimant, in this case the
    Reyeses, must prove three key elements by clear and convincing evidence. These are: (1)
    the old course of the creek, (2) the new course of the creek, and (3) the change of course of
    the creek from the old location to the new location by natural occurrence.
    In this regard, the Reyeses failed to adduce indubitable evidence to prove the old course,
    its natural abandonment and the new course. In the face of a Torrens title issued by the
    government, which is presumed to have been regularly issued, the evidence of the Reyeses
    was clearly wanting. Uncorroborated testimonial evidence will not suffice to convince the
    Court to order the reconveyance of the property to them. Spouses Crispin Galang and
    Caridad Galang vs. Spouses Conrado S. Reyes and Fe De Kastro Reyes (As substituted by
    their legal heir: Hermenigildo K. Reyes); G.R. No. 184746, August 8, 2012.

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