G.R. No. 233304 - REPUBLIC OF THE PHILIPPINES, VS. ERNESTO Q. TONGSON, SR., NORMA LIMSIACO, ERNESTO L. TONGSON, JR., RAY L. TONGSON, CRISTOBAL L. TONGSON, NORMALYN L. TONGSON, AND KERWIN L. TONGSON.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered , the verified application for registration as amended is hereby GRANTED . It is hereby ordered that the subject lot, Psu-06-001615 with an area of 10,142 square meters more or less, situated at Barangay Talaban, Himamaylan City, Negros Occidental, be registered in the names of applicants, NORMA LIMSIACO, married to Emesto Q. Tongson, Sr.; ERNESTO L. TONGSON, JR., married to Anna Liza Montero; RAY L. TONGSON, married to Herminia Zayco; CRISTOBAL L. TONGSON, married to Ma. Regina Francina Clemente; NORMALYN L. TONGSON, married to Christopher Belmonte; and KERWIN L. TONGSON, single; all are Filipinos, of legal ages, and residents of Barangay Talaban, Himamaylan City, Negros Occidental. Upon finality of this decision, the Land Registration Authority is hereby directed to issue the corresponding Decree of Registration and certificate of title over the subject parcel of land in the names of herein applicants. SO ORDERED . [19] The OSG appealed, but the CA-Cebu City found that the pieces of evidence presented by respondents were given proper attention and correct appreciation by the RTC. In particular, it ruled that the CENRO of the DENR had already confirmed that the subject land was alluvium due to the accretion caused by the Aguisan River. [20] Citing Article 457 [21] of the Civil Code, the CA-Cebu City held that the addition to the land formed by alluvion belongs automatically to the riparian owner as a natural incident to ownership. Consequently, the dispositive portion of the September 30, 2016 Decision [22] under present review reads: WHEREFORE , the appeal is DENIED . The Amended Decision of the Regional Trial Court, Branch 56, Himamaylan, Negros Occidental, which approved the Application for Registration in Land Registration Case No. 3, is AFFIRMED . SO ORDERED . [23] Considering that the OSG's ensuing Motion for Reconsideration [24] was denied [25] by the CA-Cebu City for lack of merit, petitioner is before us contending that the CA-Cebu City erred in holding that the CENRO certification is sufficient proof that the subject land resulted from accretion of alluvium. In support of its position, the OSG cites the following grounds: THE CENRO CERTIFICATION IS NOT A PRIMA FACIE PROOF THAT THE SUBJECT LAND RESULTED FROM ACCRETION[; AND] THE SIZE OF THE SUBJECT LOT MAKES IT HIGHLY IMPROBABLE THAT IT WAS THE RESULT OF AN ACCRETION WHICH WAS GRADUAL AND IMPERCEPTIBLE. [26] On January 30, 2018, respondents filed their Comment [27] on the petition, arguing that petitioner raises matters that were already considered by both the RTC and CA-Cebu City when both courts upheld respondents' right as riparian owners and concurred that respondents satisfactorily substantiated their application for registration, particularly that the subject land is alluvium due to accretion. Also on record is the OSG's January 14, 2020 Reply [28] to respondents' Comment, amplifying its position that the CA-Cebu City erroneously gave weight to the C