Republic vs. Tongson

Administrative certifications from the DENR or CENRO declaring land to be accretion or alluvium do not constitute prima facie evidence of the facts stated therein, but only of their due execution and date of issuance; the applicant for land registration must present the certifying officer or land surveyor to testify on the factual bases of the findings, or adduce other competent evidence to establish the three requisites of accretion under Article 457 of the Civil Code: (1) the deposit is gradual and imperceptible; (2) it results from the effects of the current of the water; and (3) the land where accretion takes place is adjacent to the bank of the river.

Norma Limsiaco, married to Ernesto Q. Tongson, Sr., and their children owned two adjoining registered parcels of land in Barangay Talaban, Himamaylan City, Negros Occidental, with a combined area of approximately 61,747 square meters, situated along the Aguisan River. The respondents claimed that an additional parcel of 10,142 square meters gradually formed along the riverbank through accretion over several generations, originating from Norma's predecessors. The subject land was allegedly formed by alluvial deposits from the natural current of the Aguisan River on the west side of their properties.

• Nature of the Application: Respondents sought registration of a 10,142-square-meter parcel (Psu-06-001615) situated in Barangay Talaban, Himamaylan City, Negros Occidental, bounded by their registered Lots 9 and 10 (Pcs-06-000698) on the east, public land on the south and north, and the Aguisan River on the west.
• Claimed Origin: The land was claimed to have formed by accretion from alluvial deposits caused by the natural current of the Aguisan River along the west side of respondents' combined registered properties, which measured 32,840 square meters (Norma Limsiaco) and 28,907 square meters (children) respectively.
• Evidence Presented: Respondents submitted: (1) CENRO certifications dated September 23, 2008 and February 1, 2010 stating the land is not covered by any public land application, that survey authority was issued, and that the land is an accretion/alluvium requiring judicial confirmation; (2) DENR certification dated March 1, 2010 approving the survey plan Psu-06-001615; and (3) testimony of Ernesto Q. Tongson, Sr.
• Testimonial Evidence: Ernesto, Sr. testified that the registered lots were inherited from Norma's predecessors (grandmother); he only knew the subject land measured 10,142 square meters from the CENRO survey; he could not state whether it was already that size when he married Norma in 1961; he admitted the family had been cultivating the land only since 1990 as a fishpond and had been paying taxes since 2004.
• Procedural Posture: The application was unopposed. The RTC granted the application based on the CENRO certifications and testimony. The CA affirmed, giving weight to the CENRO's finding that the land was alluvium.

• Insufficient Evidence of Accretion: The OSG contended that the CENRO certification is not prima facie proof that the subject land resulted from accretion, arguing that such certifications do not establish the factual requisites required by Article 457 of the Civil Code.
• Improbability of Gradual Accretion: The OSG argued that the size of the subject lot (10,142 square meters) makes it highly improbable that it was the result of an accretion which was gradual and imperceptible, suggesting the formation could not have occurred naturally over time.

• Sufficiency of Evidence: Respondents countered that the CENRO and DENR certifications, combined with the RTC's appreciation of evidence, sufficiently established their right as riparian owners to the accretion, and that both lower courts correctly upheld their application.
• Conclusiveness of Administrative Findings: Respondents maintained that the certifications from the CENRO and DENR, agencies with special knowledge and expertise over matters under their jurisdiction, were properly accorded weight and respect by the lower courts.

• Sufficiency of CENRO Certification: Whether a CENRO certification alone constitutes sufficient proof that land sought to be registered resulted from accretion.
• Requisites of Accretion: Whether respondents adequately established the three requisites of accretion under Article 457 of the Civil Code.

• Sufficiency of CENRO Certification: Administrative certifications from the CENRO or DENR do not constitute prima facie evidence of the facts stated therein, but only of their due execution and date of issuance. For the findings to be conclusive on the courts, the certifying officer, land surveyor, or similarly competent officer must be presented to provide the factual bases of their findings.
• Requisites of Accretion: Respondents failed to provide adequate evidence to support the lower courts' factual findings that the land resulted from accretion. Ernesto, Sr.'s testimony was incompetent to establish the historical metes and bounds or soil composition, and he could not testify as to the gradual formation of the land over generations. The presumption that changes were gradual and caused by alluvium arises only after the fact of accretion is established, which respondents failed to do.

• Republic v. Lydia Capco de Tensuan Doctrine on Administrative Certifications — Government certifications such as those issued by the CENRO are prima facie evidence of their due execution and date of issuance but they do not constitute prima facie evidence of the facts stated therein. The appropriate officer must testify on the facts stated, or other competent evidence must be adduced by the party relying on the certification.
• Requisites of Accretion under Article 457 — Accretion benefits a riparian owner when the following requisites concur: (1) the deposit is gradual and imperceptible; (2) it results from the effects of the current of the water; and (3) the land where accretion takes place is adjacent to the bank of the river. In the absence of evidence that the change in the course of the river was sudden or occurred through avulsion, the presumption is that the change was gradual and caused by alluvium and erosion, but this presumption applies only after the fact of accretion is established.
• Accretion and Registration — An accretion does not automatically become registered land just because the lot that receives such accretion is covered by a Torrens Title. Ownership of land is distinct from registration under the Torrens system; thus, accretions must be registered separately to be covered by title.

• "Government certifications such as those issued by the CENRO 'are prima facie evidence of their due execution and date of issuance but they do not constitute prima facie evidence of the facts stated therein.'" — Establishing the limited evidentiary value of administrative certifications regarding land classification.
• "For the findings of the CENRO and the DENR to be conclusive on the courts to establish the fact of accretion, the certifying officer, the land surveyor, or any similarly competent officer of the said agency should have been presented in court to provide the factual bases of their findings." — Clarifying the requirement for testimonial foundation to establish accretion.
• "Accretions which the banks of rivers may gradually receive from the effect of the current become the property of the owners of the banks. Such accretions are natural incidents to land bordering on running streams and the provisions of the Civil Code in that respect are not affected by the Land Registration Act." — Statement of the general rule on ownership of accretions.
• "An accretion does not automatically become registered land just because the lot that receives such accretion is covered by a Torrens Title. Ownership of a piece of land is one thing; registration under the Torrens system of that ownership is another." — Distinction between ownership and registration of accreted land.

• Republic of the Philippines v. Lydia Capco de Tensuan, G.R. No. 171136, October 23, 2013 — Controlling precedent establishing that government certifications are prima facie evidence only of due execution and date, not of the facts stated therein; followed and applied.
• Bagaipo v. Court of Appeals, 400 Phil. 1237 (2000) — Cited for the enumeration of the three requisites of accretion and the presumption regarding gradual change caused by alluvium.
• Republic v. Dela Paz, G.R. No. 171631, November 15, 2010 — Cited for the standard of review in petitions for certiorari under Rule 45, limiting review to errors of law unless factual findings are devoid of support.
• Josephine Delos Reyes and Julius Peralta v. Municipality of Kalibo, Aklan, G.R. No. 214587, February 26, 2018 — Cited for the principle that administrative agencies' findings must be respected as long as supported by substantial evidence, and for the distinction between ownership and registration of accretion.

• Article 457, Civil Code of the Philippines — "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." Applied to establish the requisites that must be met for riparian owners to claim accretions.
• Rule 45, Rules of Court — Governs petitions for review on certiorari, limiting review to questions of law unless the factual findings are not supported by evidence.

Peralta, C.J., Caguioa, Lazaro-Javier, and Lopez, JJ.