Grande v. Court of Appeals

b. Right of Accession — Alluvion (Art. 457)

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Case DigestChapter II — Ownership

Grande v. Court of Appeals

G.R. No. L-17652 · June 30, 1962 · Supreme Court

b. Right of Accession — Alluvion (Art. 457)

Gist

Nearly two hectares of alluvium built up along the Cagayan River beside a Torrens-titled lot, and strangers occupied it openly for twenty-five years. The registered owners sued to quiet title, arguing that an accretion to registered land is itself registered and therefore imprescriptible. The Court disagreed and let the possessors keep it: the owners owned the accretion the moment it appeared, but never registered it, and an unregistered accretion can be prescribed away like any other unregistered land.

Core Doctrine

Land formed by accretion under Article 457 belongs to the riparian owner by operation of law, but it does not automatically become "registered land" merely because the riparian estate is covered by a Torrens title. Until the owner formally brings the new area under the Land Registration Act, it remains subject to acquisitive prescription by third parties. Ownership of a piece of land is one thing, and registration under the Torrens system of that ownership is quite another.

Facts

Sometime in 1930 a survey was conducted for the registration of a 3.5032-hectare parcel (Lot No. 1) in Isabela, showing its north-eastern boundary as the Cagayan River; on June 9, 1934, OCT No. 2982 issued in the name of the petitioners' predecessors. (The 1930 technical description is what fixed the outer limit of the certificate's protection — the disputed land did not exist when the surveyor walked the boundary.)
Between 1933 and 1934 the respondents, the Calalungs, entered and took possession of the alluvial deposits gradually forming on the north-eastern side of the registered lot. Their entry predates the Civil Code by sixteen years, which is why their prescription is measured under the old Code of Civil Procedure rather than the Code.
The respondents remained in open, continuous and adverse possession of the accretion for decades, declaring the land for taxation in 1948.
By 1958 the riverbank had receded roughly 105 metres from its 1930 line, producing an alluvial increase of nearly two hectares — 19,964 square metres. (The accretion was formed by the gradual deposit of alluvium from the Cagayan River, which both sides admitted; ownership of it was therefore never really in doubt, only its registered status.)
On January 25, 1958 the petitioners sued in the Court of First Instance of Isabela to quiet title and recover possession of the accretion.
On May 4, 1959 the CFI ruled for the petitioners, holding the alluvion part of the registered property and therefore imprescriptible.
On September 14, 1960 the Court of Appeals reversed, declaring that the respondents had acquired the property by prescription; the petitioners sought review before the Supreme Court, which decided the case on June 30, 1962.

Issue

Whether an accretion to registered land automatically becomes registered land, and thus imprescriptible, under Article 457 and the Land Registration Act.

Secondary issue. Whether the respondents acquired the alluvial property through acquisitive prescription under Act No. 190.

Ruling

Main issue. NO. "Ownership of a piece of land is one thing, and registration under the Torrens system of that ownership is quite another." Article 457 makes the alluvion the riparian owner's automatically, but that concerns the acquisition of the right, not the protection of a title. The imprescriptibility conferred by Section 46 of Act No. 496 "does not extend beyond the area given and described in the certificate," and registration itself "does not vest or give title to the land, but merely confirms and thereafter protects the title already possessed by the owner." Since the petitioners never sought registration of the 1.9964-hectare increment, it "never became registered property, and hence is not entitled or subject to the protection of imprescriptibility."

Secondary issue. YES. The respondents' possession began in 1933 or 1934, before the Civil Code took effect, so prescription is governed by Act No. 190. Some twenty-five years of open, continuous and adverse possession under a claim of ownership, until 1958, more than satisfied its requirements.

The decision of the Court of Appeals was AFFIRMED, with costs against the petitioners.

"An accretion to registered land … does not ipso jure become entitled to the protection of the rule of imprescriptibility of title established by the Land Registration Act."

Ratio

The Court's reasoning rests on the distinction between the substantive right of ownership under the Civil Code and the procedural protection of title under the registration laws.
Ownership versus registration. "Ownership of a piece of land is one thing, and registration under the Torrens system of that ownership is quite another." While Article 457 (and the old Article 366) makes alluvion belong to the riparian owner, that pertains only to acquisition of the right of ownership.
Scope of Torrens protection. The imprescriptibility of Section 46 of Act No. 496 "does not extend beyond the area given and described in the certificate." An accretion is new land that formed no part of the original survey or technical description.
Nature of registration. Registration "does not vest or give title to the land, but merely confirms and thereafter protects the title already possessed by the owner." To gain imprescriptibility for an alluvion, the owner must place the new land under the registration laws by judicial proceedings.
Prescriptibility of unregistered alluvion. Because the petitioners never sought registration of the increment, it "never became registered property, and hence is not entitled or subject to the protection of imprescriptibility" — it remained unregistered land open to the adverse possession of others.
Application of prescription. The respondents' possession having begun in 1933 or 1934, before the 1950 Civil Code, the law on prescription under Act No. 190 applies; twenty-five years of open, continuous and adverse possession under a claim of ownership satisfied it.

Doctrine

The rule of natural accession (Art. 457; Art. 366, old Code): "To the owner of lands adjoining the banks of rivers, belongs the accretion which they gradually receive from the effects of the current of the waters."
Automatic ownership: the alluvium "is automatically owned by the riparian owner from the moment the soil deposit can be seen"; no act of appropriation is necessary.
Non-extension of imprescriptibility: "An accretion to registered land … does not ipso jure become entitled to the protection of the rule of imprescriptibility of title established by the Land Registration Act."
Ownership is not registration: registration confirms and protects a title already held; it does not create one, and it protects only the area described in the certificate.

Full Digest — Recitation Format

I. Gist and Central Doctrine

Relationship to requested topic: DIRECT.

This litigation involves a dispute over 19,964 square metres of alluvial deposits formed along the bank of the Cagayan River, which adjoined a parcel of land registered under the Torrens system in the name of the petitioners' predecessors-in-interest. While the trial court initially awarded the accretion to the registered owners, the Court of Appeals reversed, finding that the respondents had acquired the area through acquisitive prescription. The Supreme Court affirmed the reversal, establishing the definitive rule on the procedural status of alluvion. The single central doctrine is that land formed by accretion under Article 457 of the Civil Code (or Article 366 of the old Civil Code) does not automatically become "registered land" simply because the riparian estate is covered by a Torrens title; consequently, while the riparian owner is the lawful owner of the accretion by operation of law, that area remains subject to acquisitive prescription by third parties unless and until the owner formally brings it under the operation of the Land Registration Act.

II. Chronological Narration of Material Facts

Sometime in 1930, a survey was conducted for the registration of a 3.5032-hectare parcel of land (Lot No. 1) in Isabela, which showed its north-eastern boundary as the Cagayan River.
On June 9, 1934, Original Certificate of Title No. 2982 was issued in the name of the petitioners' predecessors.
Between 1933 and 1934, the respondents (the Calalungs) entered into and took possession of the alluvial deposits that were gradually forming on the north-eastern side of the registered lot.
The respondents remained in open, continuous and adverse possession of this accretion for the next several decades, even declaring the land for taxation purposes in 1948.
By 1958, the riverbank had receded approximately 105 metres from its original 1930 site, resulting in an alluvial increase of nearly two hectares.
On January 25, 1958, the petitioners instituted an action in the Court of First Instance of Isabela to quiet title and recover possession of the accretion from the respondents.
On May 4, 1959, the CFI ruled for the petitioners, holding that the alluvion was part of the registered property and thus imprescriptible.
On September 14, 1960, the Court of Appeals reversed the CFI, declaring that the respondents had acquired the property by prescription. The petitioners thereafter sought review before the Supreme Court.

III. Arguments of the Parties

A. Petitioners (the Grandes)

The petitioners argued that since the alluvion is, by law, an accessory that follows the registered principal land, it automatically partakes of the nature of registered property. They contended that under Section 46 of Act No. 496, the accretion is imprescriptible and cannot be acquired by third persons through adverse possession.

B. Respondents (the Calalungs)

The respondents maintained that they had been in actual, open and adverse possession of the alluvial lot since 1933 or 1934. They argued that the protection of the Torrens system does not extend to areas not described in the certificate of title, and thus that the petitioners' failure to register the accretion made it susceptible to acquisitive prescription.

C. Common Ground

The parties admitted that the contested area was formed through the gradual deposit of alluvium brought about by the action of the Cagayan River.

IV. Issues

A. MAIN ISSUE

Whether an accretion to registered land automatically becomes registered land and thus imprescriptible under Article 457 of the Civil Code and the Land Registration Act (Act No. 496).

B. SECONDARY ISSUES

Whether the respondents acquired the alluvial property through acquisitive prescription under Act No. 190.

V. Ruling / Disposition

A. MAIN ISSUE

NO. Accretion does not ipso jure become entitled to the protection of imprescriptibility unless formally registered.

B. SECONDARY ISSUES

YES. Respondents acquired the land through more than ten years of adverse possession.

FALLO. "The decision of the Court of Appeals under review is hereby affirmed, with costs against the petitioners. So ordered."

VI. Ratio Decidendi and Doctrines

A. Ratio Decidendi

The Court's reasoning is predicated on the distinction between the substantive right of ownership under the Civil Code and the procedural protection of title under the registration laws.
Ownership versus registration. The Court held that "Ownership of a piece of land is one thing, and registration under the Torrens system of that ownership is quite another." While Article 457 (and the old Article 366) mandates that alluvion belongs to the riparian owner, this pertains only to the acquisition of the right of ownership.
Scope of Torrens protection. The protection of imprescriptibility under Section 46 of Act No. 496 "does not extend beyond the area given and described in the certificate." An accretion is a new portion of land that was not part of the original survey or technical description.
Nature of registration. Registration "does not vest or give title to the land, but merely confirms and thereafter protects the title already possessed by the owner." To obtain the benefit of imprescriptibility for an alluvion, the owner must place the "new" land under the operation of the registration laws via judicial proceedings.
Prescriptibility of unregistered alluvion. Because the petitioners never sought registration of the 1.9964-hectare increment, it "never became registered property, and hence is not entitled or subject to the protection of imprescriptibility." It remained "unregistered land" subject to the adverse possession of others.
Application of prescription. Since the respondents' possession began in 1933/1934 (prior to the 1950 Civil Code), the law on prescription under Act No. 190 applies. Their twenty-five years of open, continuous and adverse possession under a claim of ownership until 1958 satisfied the legal requirements for acquisitive prescription.

B. Doctrines/Rules

The Rule of Natural Accession: "To the owner of lands adjoining the banks of rivers, belongs the accretion which they gradually receive from the effects of the current of the waters." (Article 457, N.C.C.; Article 366, old C.C.)
Automatic Ownership: "The alluvium … is automatically owned by the riparian owner from the moment the soil deposit can be seen." "No act of appropriation on the part of the riparian owner is necessary."
Non-Extension of Imprescriptibility: "An accretion to registered land … does not ipso jure become entitled to the protection of the rule of imprescriptibility of title established by the Land Registration Act."

C. Limitations/Exceptions

Boundary conclusiveness. To hold that accretion is automatically registered would "virtually deprive the title, and the technical description of the land given therein, of their character of conclusiveness as to the identity and area of the land that is registered."
Erosion parallel. Just as registration does not protect a riparian owner against the loss of land through erosion or gradual changes, it does not entitle him to automatic protection for gains via accretion.

D. Topic Integration

This case is DIRECTLY illustrative of the requested topic because it defines the exact legal boundaries of the right of accession under Article 457.
It clarifies that while the right to alluvion is an inherent attribute of riparian ownership — compensating the owner for the risks of being near water — it is a registrable right, not a registered one.
The decision serves as a mandatory warning to landowners that the Torrens system is not elastic: new land acquired by accession must be subjected to the rigours of the Land Registration Act to be shielded from the prescriptive claims of adverse possessors.
Read with Republic v. Abrille, the two cases state the same rule from opposite ends — Grande shows what a riparian owner loses by not registering, and Abrille shows that he cannot register by shortcut.

VII. Separate Opinions

NOT IN RECORD.

Cited Laws & Provisions

Every statute, rule, and issuance the decision turns on — the text as written, and the work it does in this case.

Civil Code

Article 457, Civil Code

Civil Code of the Philippines (R.A. No. 386), Book II (Property, Ownership, and Its Modifications), Title II (Ownership), Chapter 2 (Right of Accession), Section 2 (Right of Accession With Respect to Immovable Property)

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. (336)

Why it is cited here

The article that gave the Grandes the accretion, and then gave them nothing else.

"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."

The Court is emphatic that this operates on its own: the alluvium "is automatically owned by the riparian owner from the moment the soil deposit can be seen," and "no act of appropriation on the part of the riparian owner is necessary." The Grandes therefore won the ownership question outright.

What they lost was everything downstream of it. Article 457 is a rule of the Civil Code about who owns soil. It says nothing about the Land Registration Act, which is a separate statute about what a certificate of title protects. Owning the accretion and holding registered title to it are two different achievements, and only the second one is imprescriptible.

The case was litigated under the old Article 366, whose wording on this point is the same; the Court treats the two interchangeably.

Special Law

Section 46, Act No. 496

Act No. 496 (The Land Registration Act, 6 November 1902)

No title to registered land in derogation to that of the registered owner shall be acquired by prescription or adverse possession.

SUPERSEDED. P.D. No. 1529 (the Property Registration Decree, 1978) repealed and replaced this Act, and Section 2 of the Decree carried the Torrens system forward. Act No. 496 still has to be read, though, because registrations decreed under it remain valid and the older cases apply its sections by their own numbers — Section 38 (decree of registration and the one-year period to review for fraud) is now Section 32 of the Decree, and Section 39 (title free from encumbrances) is now Section 44. Check which statute governed at the time of registration before quoting either.

Why it is cited here

The shield the petitioners reached for, and the reason it did not stretch.

Section 46 is the imprescriptibility rule of the Torrens system: no title to registered land in derogation of the registered owner's shall be acquired by prescription or adverse possession. On its face it looks like a complete answer to twenty-five years of squatting.

The limit is territorial rather than temporal. That protection, the Court held, "does not extend beyond the area given and described in the certificate." OCT No. 2982 described 3.5032 hectares surveyed in 1930, bounded on the north-east by the Cagayan River. The 19,964 square metres in dispute were not in that description — they did not exist yet.

The reason the Court gives is worth keeping, because it explains why the rule is not merely technical: to hold otherwise "would virtually deprive the title, and the technical description of the land given therein, of their character of conclusiveness as to the identity and area of the land that is registered." A certificate that silently grows is a certificate nobody can rely on.

And there is a symmetry the Court points out: registration does not protect a riparian owner against the loss of land to erosion either. He takes the river's gains and its losses alike, outside the certificate.

Labor Code

Section 41, Act No. 190

Title to land by prescription — the conditions of adverse possession

Act No. 190 (7 August 1901), Code of Procedure in Civil Actions and Special Proceedings, Part I, Chapter III, Section 41

Title to land by prescription. - Ten years actual adverse possession by any person claiming to be the owner for that time of any land or interest in land, uninterruptedly continued for ten years by occupancy, descent, grants, or otherwise, in whatever way such occupancy may have commenced or continued, shall vest in every actual occupant or possessor of such land a full and complete title, saving to the persons under disabilities the rights secured by the next section. In order to constitute such title by prescription or adverse possession, the possession by the claimant or by the person under or through whom he claims must have been actual, open, public, continuous, under a claim of title exclusive of any other right and adverse to all other claimants. But failure to occupy or cultivate land solely by reason of war shall not be deemed to constitute an interruption of possession of the claimant, and his title by prescription shall be complete, if in other respects perfect, notwithstanding such failure to occupy or cultivate the land during the continuance of war.

The decision applies the prescription law of Act No. 190 (Code of Civil Procedure) generally rather than reciting a section number. Sections 40 and 41 are the operative provisions of that Act on acquisitive prescription of real property, and Section 41 carries the ten-year adverse-possession rule the Court applied.

Why it is cited here

The statute the respondents actually won under, and the reason the applicable law is not the Civil Code.

Section 41 of the Code of Civil Procedure gave title to one in open, continuous, exclusive and notorious possession under a claim of ownership for ten years, regardless of how the possession began and without need of good faith or just title — a markedly easier standard than the Civil Code's ten-years-with-good-faith-and-just-title or thirty years without.

Why the old law and not the new: the Calalungs entered in 1933 or 1934, sixteen years before the Civil Code took effect in 1950. Prescription that has begun to run under one statute is governed by that statute, so their possession is measured by Act No. 190. By the time the Grandes sued in 1958 they had held the land for about twenty-five years, and the ten-year requirement had been satisfied well before the Code arrived.

The practical lesson for any pre-1950 possession problem: check which prescription statute was running, because the elements differ and the older one is far more forgiving.

Cited laws & provisions

Article 457, Civil Code

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. (336)

Why it is cited here

The article that gave the Grandes the accretion, and then gave them nothing else.

"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."

The case was litigated under the old Article 366, whose wording on this point is the same; the Court treats the two interchangeably.

Full entry below ↓

Section 46, Act No. 496

Special Law

Act No. 496 (The Land Registration Act, 6 November 1902)

No title to registered land in derogation to that of the registered owner shall be acquired by prescription or adverse possession.

Why it is cited here

The shield the petitioners reached for, and the reason it did not stretch.

Full entry below ↓

Section 41, Act No. 190

Labor Code

Title to land by prescription — the conditions of adverse possession

Act No. 190 (7 August 1901), Code of Procedure in Civil Actions and Special Proceedings, Part I, Chapter III, Section 41

Why it is cited here

The statute the respondents actually won under, and the reason the applicable law is not the Civil Code.

The practical lesson for any pre-1950 possession problem: check which prescription statute was running, because the elements differ and the older one is far more forgiving.

Full entry below ↓

Facts

Sometime in 1930 a survey was conducted for the registration of a 3.5032-hectare parcel (Lot No. 1) in Isabela, showing its north-eastern boundary as the Cagayan River; on June 9, 1934, OCT No. 2982 issued in the name of the petitioners' predecessors. (The 1930 technical description is what fixed the outer limit of the certificate's protection — the disputed land did not exist when the surveyor walked the boundary.)
Between 1933 and 1934 the respondents, the Calalungs, entered and took possession of the alluvial deposits gradually forming on the north-eastern side of the registered lot. Their entry predates the Civil Code by sixteen years, which is why their prescription is measured under the old Code of Civil Procedure rather than the Code.
The respondents remained in open, continuous and adverse possession of the accretion for decades, declaring the land for taxation in 1948.
By 1958 the riverbank had receded roughly 105 metres from its 1930 line, producing an alluvial increase of nearly two hectares — 19,964 square metres. (The accretion was formed by the gradual deposit of alluvium from the Cagayan River, which both sides admitted; ownership of it was therefore never really in doubt, only its registered status.)
On January 25, 1958 the petitioners sued in the Court of First Instance of Isabela to quiet title and recover possession of the accretion.
On May 4, 1959 the CFI ruled for the petitioners, holding the alluvion part of the registered property and therefore imprescriptible.
On September 14, 1960 the Court of Appeals reversed, declaring that the respondents had acquired the property by prescription; the petitioners sought review before the Supreme Court, which decided the case on June 30, 1962.

Issue

Whether an accretion to registered land automatically becomes registered land, and thus imprescriptible, under Article 457 and the Land Registration Act.

Secondary issue. Whether the respondents acquired the alluvial property through acquisitive prescription under Act No. 190.

Ruling

The decision of the Court of Appeals was AFFIRMED, with costs against the petitioners.

"An accretion to registered land … does not ipso jure become entitled to the protection of the rule of imprescriptibility of title established by the Land Registration Act."

Ratio

The Court's reasoning rests on the distinction between the substantive right of ownership under the Civil Code and the procedural protection of title under the registration laws.
Ownership versus registration. "Ownership of a piece of land is one thing, and registration under the Torrens system of that ownership is quite another." While Article 457 (and the old Article 366) makes alluvion belong to the riparian owner, that pertains only to acquisition of the right of ownership.
Scope of Torrens protection. The imprescriptibility of Section 46 of Act No. 496 "does not extend beyond the area given and described in the certificate." An accretion is new land that formed no part of the original survey or technical description.
Nature of registration. Registration "does not vest or give title to the land, but merely confirms and thereafter protects the title already possessed by the owner." To gain imprescriptibility for an alluvion, the owner must place the new land under the registration laws by judicial proceedings.
Prescriptibility of unregistered alluvion. Because the petitioners never sought registration of the increment, it "never became registered property, and hence is not entitled or subject to the protection of imprescriptibility" — it remained unregistered land open to the adverse possession of others.
Application of prescription. The respondents' possession having begun in 1933 or 1934, before the 1950 Civil Code, the law on prescription under Act No. 190 applies; twenty-five years of open, continuous and adverse possession under a claim of ownership satisfied it.

Doctrine

The rule of natural accession (Art. 457; Art. 366, old Code): "To the owner of lands adjoining the banks of rivers, belongs the accretion which they gradually receive from the effects of the current of the waters."
Automatic ownership: the alluvium "is automatically owned by the riparian owner from the moment the soil deposit can be seen"; no act of appropriation is necessary.
Non-extension of imprescriptibility: "An accretion to registered land … does not ipso jure become entitled to the protection of the rule of imprescriptibility of title established by the Land Registration Act."
Ownership is not registration: registration confirms and protects a title already held; it does not create one, and it protects only the area described in the certificate.

Full Digest — Recitation Format

I. Gist and Central Doctrine

Relationship to requested topic: DIRECT.

II. Chronological Narration of Material Facts

Sometime in 1930, a survey was conducted for the registration of a 3.5032-hectare parcel of land (Lot No. 1) in Isabela, which showed its north-eastern boundary as the Cagayan River.
On June 9, 1934, Original Certificate of Title No. 2982 was issued in the name of the petitioners' predecessors.
Between 1933 and 1934, the respondents (the Calalungs) entered into and took possession of the alluvial deposits that were gradually forming on the north-eastern side of the registered lot.
The respondents remained in open, continuous and adverse possession of this accretion for the next several decades, even declaring the land for taxation purposes in 1948.
By 1958, the riverbank had receded approximately 105 metres from its original 1930 site, resulting in an alluvial increase of nearly two hectares.
On January 25, 1958, the petitioners instituted an action in the Court of First Instance of Isabela to quiet title and recover possession of the accretion from the respondents.
On May 4, 1959, the CFI ruled for the petitioners, holding that the alluvion was part of the registered property and thus imprescriptible.
On September 14, 1960, the Court of Appeals reversed the CFI, declaring that the respondents had acquired the property by prescription. The petitioners thereafter sought review before the Supreme Court.

III. Arguments of the Parties

A. Petitioners (the Grandes)

B. Respondents (the Calalungs)

C. Common Ground

The parties admitted that the contested area was formed through the gradual deposit of alluvium brought about by the action of the Cagayan River.

IV. Issues

A. MAIN ISSUE

Whether an accretion to registered land automatically becomes registered land and thus imprescriptible under Article 457 of the Civil Code and the Land Registration Act (Act No. 496).

B. SECONDARY ISSUES

Whether the respondents acquired the alluvial property through acquisitive prescription under Act No. 190.

V. Ruling / Disposition

A. MAIN ISSUE

NO. Accretion does not ipso jure become entitled to the protection of imprescriptibility unless formally registered.

B. SECONDARY ISSUES

YES. Respondents acquired the land through more than ten years of adverse possession.

FALLO. "The decision of the Court of Appeals under review is hereby affirmed, with costs against the petitioners. So ordered."

VI. Ratio Decidendi and Doctrines

A. Ratio Decidendi

The Court's reasoning is predicated on the distinction between the substantive right of ownership under the Civil Code and the procedural protection of title under the registration laws.
Ownership versus registration. The Court held that "Ownership of a piece of land is one thing, and registration under the Torrens system of that ownership is quite another." While Article 457 (and the old Article 366) mandates that alluvion belongs to the riparian owner, this pertains only to the acquisition of the right of ownership.
Scope of Torrens protection. The protection of imprescriptibility under Section 46 of Act No. 496 "does not extend beyond the area given and described in the certificate." An accretion is a new portion of land that was not part of the original survey or technical description.
Nature of registration. Registration "does not vest or give title to the land, but merely confirms and thereafter protects the title already possessed by the owner." To obtain the benefit of imprescriptibility for an alluvion, the owner must place the "new" land under the operation of the registration laws via judicial proceedings.
Prescriptibility of unregistered alluvion. Because the petitioners never sought registration of the 1.9964-hectare increment, it "never became registered property, and hence is not entitled or subject to the protection of imprescriptibility." It remained "unregistered land" subject to the adverse possession of others.
Application of prescription. Since the respondents' possession began in 1933/1934 (prior to the 1950 Civil Code), the law on prescription under Act No. 190 applies. Their twenty-five years of open, continuous and adverse possession under a claim of ownership until 1958 satisfied the legal requirements for acquisitive prescription.

B. Doctrines/Rules

The Rule of Natural Accession: "To the owner of lands adjoining the banks of rivers, belongs the accretion which they gradually receive from the effects of the current of the waters." (Article 457, N.C.C.; Article 366, old C.C.)
Automatic Ownership: "The alluvium … is automatically owned by the riparian owner from the moment the soil deposit can be seen." "No act of appropriation on the part of the riparian owner is necessary."
Non-Extension of Imprescriptibility: "An accretion to registered land … does not ipso jure become entitled to the protection of the rule of imprescriptibility of title established by the Land Registration Act."

C. Limitations/Exceptions

Boundary conclusiveness. To hold that accretion is automatically registered would "virtually deprive the title, and the technical description of the land given therein, of their character of conclusiveness as to the identity and area of the land that is registered."
Erosion parallel. Just as registration does not protect a riparian owner against the loss of land through erosion or gradual changes, it does not entitle him to automatic protection for gains via accretion.

D. Topic Integration

This case is DIRECTLY illustrative of the requested topic because it defines the exact legal boundaries of the right of accession under Article 457.
It clarifies that while the right to alluvion is an inherent attribute of riparian ownership — compensating the owner for the risks of being near water — it is a registrable right, not a registered one.
The decision serves as a mandatory warning to landowners that the Torrens system is not elastic: new land acquired by accession must be subjected to the rigours of the Land Registration Act to be shielded from the prescriptive claims of adverse possessors.
Read with Republic v. Abrille, the two cases state the same rule from opposite ends — Grande shows what a riparian owner loses by not registering, and Abrille shows that he cannot register by shortcut.

VII. Separate Opinions

NOT IN RECORD.