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    Bagaipo Vs CA

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    Maria Ligaya
    1) Petitioner Dionisia Bagaipo owned land that was divided into three parts due to a change in the course of the Davao River, including land that was taken over by the new river course and land now across the river. 2) Bagaipo sued respondent Leonor Lozano, who owned land across from Bagaipo's, to recover land measuring 29,162 square meters within Bagaipo's property and 37,901 square meters lost to the river's changed course. 3) Both the trial court and appellate court dismissed the case, finding the land changes were due to erosion and accretion, not a change in the river's course, so Article 461 did not apply and Baga

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    Bagaipo Vs CA

    Uploaded by

    Maria Ligaya
    690 views1 page
    1) Petitioner Dionisia Bagaipo owned land that was divided into three parts due to a change in the course of the Davao River, including land that was taken over by the new river course and land now across the river. 2) Bagaipo sued respondent Leonor Lozano, who owned land across from Bagaipo's, to recover land measuring 29,162 square meters within Bagaipo's property and 37,901 square meters lost to the river's changed course. 3) Both the trial court and appellate court dismissed the case, finding the land changes were due to erosion and accretion, not a change in the river's course, so Article 461 did not apply and Baga

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    property review

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    Bagaipo vs CA

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    1) Petitioner Dionisia Bagaipo owned land that was divided into three parts due to a change in the course of the Davao River, including land that was taken over by the new river course and land now across the river. 2) Bagaipo sued respondent Leonor Lozano, who owned land across from Bagaipo's, to recover land measuring 29,162 square meters within Bagaipo's property and 37,901 square meters lost to the river's changed course. 3) Both the trial court and appellate court dismissed the case, finding the land changes were due to erosion and accretion, not a change in the river's course, so Article 461 did not apply and Baga

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    690 views1 page

    Bagaipo Vs CA

    Uploaded by

    Maria Ligaya
    1) Petitioner Dionisia Bagaipo owned land that was divided into three parts due to a change in the course of the Davao River, including land that was taken over by the new river course and land now across the river. 2) Bagaipo sued respondent Leonor Lozano, who owned land across from Bagaipo's, to recover land measuring 29,162 square meters within Bagaipo's property and 37,901 square meters lost to the river's changed course. 3) Both the trial court and appellate court dismissed the case, finding the land changes were due to erosion and accretion, not a change in the river's course, so Article 461 did not apply and Baga

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    DIONISIA P. BAGAIPO vs. THE HON. COURT OF APPEALS and LEONOR LOZANO G.R. No. 116290.

    December 8, 2000

    FACTS Petitioner Dionisia P. Bagaipo is the registered owner of Lot No. 415, a 146,900 square meter agricultural land situated in Ma-a, Davao City while Respondent Leonor Lozano is the owner of a registered parcel of land located across and opposite the southeast portion of petitioners lot facing the Davao River. On May 26, 1989, Bagaipo filed a complaint for Recovery of Possession with Mandatory Writ of Preliminary Injunction and Damages against Lozano for: (1) the surrender of possession by Lozano of a certain portion of land measuring 29,162 square meters which is supposedly included in the area belonging to Bagaipo under TCT No. T-15757; and (2) the recovery of a land area measuring 37,901 square meters which Bagaipo allegedly lost when the Davao River traversed her property. Bagaipo contended that as a result of a change in course of the said river, her property became divided into three lots, namely: Lots 415-A, the area presently occupied by Bagaipo, 415-B, which cut across Bagaipos land was taken up by the new course of the Davao River and 415-C, the land presently located across the river and parallel to Bagaipos property. The trial court concluded that the applicable law is Article 457 of the New Civil Code and not Art. 461and dismissed the complaint. On appeal, the Court of Appeals affirmed the decision of the trial court, hence the present case. ISSUE Whether the land is owned by Bagaipo due to the changing of the rivers course or by Lozano by the principle of accretion. HELD The trial court and the appellate court both found that the decrease in land area was brought about by erosion and not a change in the rivers course. The decrease in petitioners land area and the corresponding expansion of respondents property were the combined effect of erosion and accretion respe ctively. Art. 461 of the Civil Code is inapplicable. Petitioner cannot claim ownership over the old abandoned riverbed because the same is inexistent.

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