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    17 Binalay Vs Manalo

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    Jane Yonzon-Repol
    Manalo owned two parcels of land bordering the Cagayan River. During seasonal flooding, part of Manalo's land was submerged. A later survey designated the submerged land and an adjacent strip of land formed by the river's fork as lots 821 and 822. Manalo claimed ownership of lot 821 through accretion from his formerly submerged land. The lower courts ruled in Manalo's favor. The Supreme Court overturned this, finding that the submerged portion was public land that could not be acquired, and ownership of lot 821 should be determined through a separate case.

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    © All Rights Reserved
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    17 Binalay Vs Manalo

    Uploaded by

    Jane Yonzon-Repol
    85 views1 page
    Manalo owned two parcels of land bordering the Cagayan River. During seasonal flooding, part of Manalo's land was submerged. A later survey designated the submerged land and an adjacent strip of land formed by the river's fork as lots 821 and 822. Manalo claimed ownership of lot 821 through accretion from his formerly submerged land. The lower courts ruled in Manalo's favor. The Supreme Court overturned this, finding that the submerged portion was public land that could not be acquired, and ownership of lot 821 should be determined through a separate case.

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    property case

    Original Title

    17 Binalay vs Manalo

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    Manalo owned two parcels of land bordering the Cagayan River. During seasonal flooding, part of Manalo's land was submerged. A later survey designated the submerged land and an adjacent strip of land formed by the river's fork as lots 821 and 822. Manalo claimed ownership of lot 821 through accretion from his formerly submerged land. The lower courts ruled in Manalo's favor. The Supreme Court overturned this, finding that the submerged portion was public land that could not be acquired, and ownership of lot 821 should be determined through a separate case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    85 views1 page

    17 Binalay Vs Manalo

    Uploaded by

    Jane Yonzon-Repol
    Manalo owned two parcels of land bordering the Cagayan River. During seasonal flooding, part of Manalo's land was submerged. A later survey designated the submerged land and an adjacent strip of land formed by the river's fork as lots 821 and 822. Manalo claimed ownership of lot 821 through accretion from his formerly submerged land. The lower courts ruled in Manalo's favor. The Supreme Court overturned this, finding that the submerged portion was public land that could not be acquired, and ownership of lot 821 should be determined through a separate case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Binalay vs Manalo

    GR No 92161

    March 18, 1991

    Facts

    Manalo bought 2 parcels of land situated in Tumauini, Isabela. The western portion of the said
    land borders on Cagayan River. Every year, the western portion of the land goes under the waters of the
    Cagayan River during the rainy season.

    During the cadastral survey conducted on October 21, 1969, Manalo’s 2 parcels of land were
    consolidated into one lot designated as Lot 307. Because the survey was done during the rainy season, a
    portion of the land was left unsurveyed because it was submerged under water.

    The Cagayan River forks at a certain point to form 2 branches forming a narrow strip of land in
    the middle. The said strip of land looked very much like an island. It measures at 22.7209 hectares and
    was designated as lots 821 and 822. Lot 821 is located directly opposite of lot 307.

    Manalo claims that lot 821 also belongs to him by way of accretion from the submerged portion
    of his property which was adjacent to the same. A case was filed against Binalay, et al. who are in actual
    possession of lot 821 who uses the same land to plant tobacco.

    RTC ruled that Manalo is the rightful owner of the said lot and restrained Binalay from entering
    the premises of the same. The CA affirmed the decision of the trial court.

    Issues

    Whether or not Manalo is the rightful owner of the said lot by reason of accretion.

    Ruling

    The court ruled that the ownership lot 821 shall be determined in an appropriate action to be
    instituted by interested parties. Moreover, the court further declared that the portion of the land of
    Manalo which is regularly submerged into the waters of Cagayan River is a land of public dominion, thus,
    it cannot be acquired nor could be alienated.

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