- 18 -

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

SIENNA A. FLORES PROPERTY

 - 19 -
Accretion on the bank of a lake Belongs to the owners of the estate to w/c ALLUVIUM AVULSION
they have been added The deposit of soil is gradual Sudden or abrupt process may be seen
Accretion on the bank of an island Belongs to the owner of the island Soil cannot be identified Identifiable or verifiable
formed in a non-navigable river Belongs to the owner of property to w/c Belongs to the owner from whose
Accretion on a sea bank Belongs to the public domain it is attached property it was detached

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

SIENNA A. FLORES PROPERTY

 - 20 -
“In proportion to the area lost” • If the river goes back to its old course, thus flooding the original bed, the
• Has no application if only 1 owner has lost owner of the land originally flooded would get back the ownership of the land
• If only 1 owner has lost, he gets the entire abandoned river bed (bed) w/c he had lost
• “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 Note: the abandoned river bed is given to the owner(s) of the land(s) onto w/c the
proportionately (in proportion to the area each has lost) 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

SIENNA A. FLORES PROPERTY

 - 21 -
Navigable/Floatable Rivers: if useful for floatage & commerce, whether the tides The Principal is (in the order of preference):
affect the water or not 1. that to w/c the other has been united as an ornament, or for its use, or
perfection
Non-Navigable: the opposite of navigable rivers 2. that of greater value
3. that of greater volume
Note: The State has a duty to declare w/c rivers are navigable & w/c are not 4. that w/c has greater merits (from the combined consideration of utility &
volume)
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 Rule to Follow if the Adjunction Concerns 3 or more Things: Determine w/c is
margin to the older island, the owner of the older island should be considered also the really the principal. All the rest should be considered accessories.
owner of the new island
Art. 469. Whenever the things united can be separated without injury, their respective
owners may demand their separation.
SECTION 3. - Right of Accession with Respect to Movable Property 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
3 Types of Accession w/ Respect to Movable Property may demand its separation, even though the thing to which it has been incorporated
1. adjunction may suffer some injury.
2. mixture (commixtion or confusion)
3. Specification When there can be separation w/o injury: there is no real accession

Art. 466. Whenever two movable things belonging to different owners are, without bad Rule if Accessory is More Precious than the Principal
faith, united in such a way that they form a single object, the owner of the principal • Separation, although w/ injury (but not destruction), is allowed, if the thing
thing acquires the accessory, indemnifying the former owner thereof for its value. united for the use, embellishment, or perfection of the other is much more
precious than the principal
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 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
Adjunction may be done: indemnify the owner of the principal thing for the damages he may have suffered.
1. in good faith If the one who has acted in bad faith is the owner of the principal thing, the
2. or in bad faith 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
Different Kinds of Adjunction purpose it be necessary to destroy the principal thing; and in both cases, furthermore,
1. Inclusion there shall be indemnity for damages.
a. e.g. sapphire set on a ring If either one of the owners has made the incorporation with the knowledge
2. Soldering and without the objection of the other, their respective rights shall be determined as
a. e.g. joining legs made of lead to a body also made of lead though both acted in good faith.

Ferrumination: objects are of the same metal Owner of ACCESSORY is in Bad Faith Owner of PRINCIPAL is in Bad Faith
Plumabatura: objects are of different metals - he loses all rights to the accessory thing - owner of accessory has the right to ask
Escritura: writing - he will be liable for damages for payment of the accessory, plus
Pintura: painting damages, or
Weaving - owner of accessory may choose to have
the accessory thing removed from the
Art. 467. The principal thing, as between two things incorporated, is deemed to be that principal thing, even if the principal
to which the other has been united as an ornament, or for its use or perfection. thing be destroyed, plus damages
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 Art. 471. Whenever the owner of the material employed without his consent has a right
so considered, and as between two things of equal value, that of the greater volume. to an indemnity, he may demand that this consist in the delivery of a thing equal in
In painting and sculpture, writings, printed matter, engraving and lithographs, the kind and value, and in all other respects, to that employed, or else in the price thereof,
board, metal, stone, canvas, paper or parchment shall be deemed the accessory thing. according to expert appraisal.

SIENNA A. FLORES PROPERTY