This case has been cited 1 times or more.
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2014-08-06 |
PERLAS-BERNABE, J. |
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| Article 457 of the Civil Code states the rule on accretion as follows: "[t]o 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." Relative thereto, in Cantoja v. Lim,[51] the Court, citing paragraph 32 of the Lands Administrative Order No. 7-1 dated April 30, 1936, in relation to Article 4 of the Spanish Law of Waters of 1866, as well as related jurisprudence on the matter, elucidated on the preferential right of the riparian owner over the land formed by accretions, viz.: Being the owner of the land adjoining the foreshore area, respondent is the riparian or littoral owner who has preferential right to lease the foreshore area as provided under paragraph 32 of the Lands Administrative Order No. 7-1, dated 30 April 1936, which reads: | |||||