03 - DELOS REYES vs. MUNICIPALITY OF KALIBO AKLAN

NOSEPHINNE OELOC REYES AND TuLIUA PRRALTA v- NIUNICIPRLIEY OF KAvIeD AKLAN Ce tw. : Poot ay Fey ae, 2016 Frat The suber) ator of thc ase tl 0% of tne talib cate regis under the, name of Viv erat when Ana died, he property poised on ba er Ke eralta- Jyce then Caed the regichration ofthe lot and a TCT wat issu a i f. Lok a0 Was chvided Note Lol 2th and Lit 0%0-B- Wal Q0T6-A Gea athe name of Jose» Meanwhile, aged through aretion , Jand was added to Lot QUA ancl the added at Wes first occupied yy Ignace, the fenant of as Honeder, Ig nad executed cd le of real Property wy ead when Jose died, Wt a6- A aid the Supp sed reti were transfered to hig sun, Juanitd, with a correiponding Tcr- ret area, of “cvohon na poor ened! in the names df Goalie aed Ws iblingl duane Mew died The Municipality of Kalibo sou La t arial ‘ aica of Ocereton inte @ garba dumesitt, but the Lola Kops fy ol a favorable response, from ne Mayor's office , fo th the seg Sales of Dene Despie Such appesiton i erat cariuted uh hey prjent, mcneying thal the sold acuretion i part of the Yond Dain The Perales tiled a, complaint fr Buteting af THe over the portions of the cure bon - The RIC of Kalibo ruled Wi favor of the Peralta eclaring the land as an atcretion. Municipality wrought the fuer +he tals quaned ed HS appeal ond reversed “the ett decision, hie ferailas SKA oh @ Motion fw raul ton, but 4p no qual: Renle, they Filed @ petition fir veview ty the Gt Seeting ty annul Hie CK Gedision ICE: VONETHER OR NOT THe SUBTFCT PARCEL OF LAND FIRM PART of THE PUBLIC Cont AIN- Hee the su ol of land part of fe public amma The characte cn weg lana is gussouiatlt becouse a rai Ply eu ie fuct occupant of phe req ico donfinuity i armed by the recession of ghee cl orelane a the vison cea erly , Feaving Swampy paveel of lan. Airtide 7 of the Civil Code fhe wing of the Jands adjoining the canks of ah rh edie whiph the aye ok Ile ify iso re Cue Carte ea fe ‘arene if tes where amid ie Gia Aepas td athe banis of Mee Ty be der as f 1 guerehon, Hf Anus mi rerceptive , mrad throug Hie effect of eat of the noir? ea fat te Bn Fand hy auent ts anes dl he cae {n hit Cale, se out i a thal ‘at a mi the land was oe tp the atte he change 1 Aine and wot though the qraciual Woe 0 oF : bur wine lauds f " ie Su! poe wee prea Nhunarntly ae na a heey wee af the inyreme eal as ‘nas result of, additional areg, of sand cfeposie left b sea when it yee & Was Consistent m Glas Ty the area as pan mh publi¢ Goma fpr ra of the icouan Hea or or the Loot Riverbed DeNR C ndmuvisticnue a ry a a kin peition Tp as grent on the aid matterand their ‘an ings of tact, are awarded! with gre rapa Moregver, the land heing 0 pat of the public domain, be « now aed Ion val tereog the marement to any of hy Succeccor Wl lle, i feat eee pric ake ihe rattle at he tet jacent he 2 tea nee en! Chained. Whatever rlabts thi waited wily, came frum the i that peeved in fer p { Jove beet ane rte ‘fon a) the vig yee MM saree eae right 10 action, and ‘ cepts rst td “et vine appearance, Of vale hdly hen ie clalin thal caste a A pe on thew ate Laat dec pl fibsent ‘the fit requisite, the Perattar eanntt quiet tei “wit 4p such incrementCOMMENTS ON THE CASE: | agree wih the Court's ruling that the ae aciretion i part of the land Of the pulic domain. Whal is impor an the Concept { adretion Is the gpange gradual and hmperceptibte, that the deposi of soil we mace th h the e fe. Current 0 ; fav banks of the river the water, and the owreton taket plaoe on land adjacent fp in this cage, it was tnentioned| that the increment was the result of sand depo sits effected by tht Change Ww the choreline of the ea and not by rage deposi} oF Soil Hence, the alleged auuchon war not caused by the actio of & water. The DEN een conducted ax) ingpection and found that the subjecr area was pred ominantly Composed of Sand rather than Soil: is P tne Quieting of ile, 1 concur with the clevision of the Court that the Perattas have " legal equitdble title Dver the alleged Lorene, Pcsumniiy argquendo that the fa ic Med ared af an aarchon, the Peralta! cant shll be granted aheir omplaint toy quveting of tithe became they were not able to ister The increment under thelf names Bin auuretion ade Rol automatcally heme _g re istered land just because the land to whith twat added to Cyered by a Tov fle: Dunes hip i different fom Registration. the latter only confirme and Protects she ttle that the owner alreatly pues Once the land 6 registered, it elicady Tee On en er ee een GA cecanccraiics thoteaiaek Wok \ q ; tCume jan ’ regal right pier the inerement and they nant cal what i not er mr

03 - DELOS REYES vs. MUNICIPALITY OF KALIBO AKLAN

Uploaded by

Copyright:

Available Formats

03 - DELOS REYES vs. MUNICIPALITY OF KALIBO AKLAN

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

03 - DELOS REYES vs. MUNICIPALITY OF KALIBO AKLAN

Uploaded by

Copyright:

Available Formats

You might also like