G.R. No. 40399 & G.R. No. 72255 February 6, 1990
MARCELINO C. AGNE, ET AL., petitioners, vs. THE DIRECTOR OF LANDS, PRESENTACION AGPOON GASCON, JOAQUIN GASCON and HON. ROSALIO C. SEGUNDO, Presiding Judge, Court of First Instance of Pangasinan, Branch V, respondents. (Consolidated Cases)

FACTS

The land in dispute was originally an abandoned riverbed of the Agno-Chico River, which changed its course after a 1920 flood. Petitioners, as riparian owners whose properties bordered this old riverbed, entered and occupied specific portions of it, introducing improvements like irrigation canals and crops. They claimed ownership by right of accretion under Article 370 of the Spanish Civil Code. In 1937, the Director of Lands issued Free Patent No. 23263 and Original Certificate of Title No. 2370 over the same land to Herminigildo Agpoon, whose heir, respondent Presentacion Agpoon Gascon, later obtained Transfer Certificate of Title No. 32209. In 1971, the Gascon spouses sued for recovery of possession. Petitioners, in turn, filed a separate action for annulment of title and reconveyance, arguing the patent and title were void as the land was not alienable public land when patented.

ISSUE

The core issue is whether the riparian owners (petitioners) acquired ownership by accretion over the abandoned riverbed, thereby rendering the subsequent free patent and Torrens title issued to another party void.

RULING

The Supreme Court ruled in favor of the petitioners, declaring the free patent and certificate of title null and void. The legal logic is anchored on the nature of the property and the principle of accretion. An abandoned riverbed is considered property of public dominion under Article 339 of the Spanish Civil Code. However, under Article 370 of the same Code, which was in force in 1920, the owners of lands adjoining the banks of rivers acquire the abandoned riverbed by right of accession, provided they take the portion corresponding to the length of their riparian land. This accretion occurs by operation of law, not by government grant. Consequently, from the moment the river changed its course in 1920, the adjoining owners (petitioners’ predecessors) became the owners of the abandoned bed by accession. The land thus ceased to be part of the public domain and was converted into private property. The Director of Lands therefore had no authority to issue a free patent over it in 1937, as the Public Land Act only applies to lands of the public domain. A free patent issued over land that has already become private property is void ab initio. The Torrens title issued pursuant to such a void patent is likewise void and conveys no valid ownership. The Court ordered the reconveyance of the land to the petitioners as the rightful owners by accretion.