G.R. No. 160453 November 12, 2012REPUBLIC OF THE PHILIPPINES,
Petitioner, vs. RC!IO I"N . SNTOS III, #$% RC!IO C. SNTOS, &R.,
Respondents .Facts: Alleging continuous and adverse possession of more than ten years, respondent Arcadio Ivan A. Santos III (ArcadioIvan) applied on arch !, "##! for the registration of $ot %##&' (the property) in the Regional rial *ourt (R*) (R*) inParafia+ue *ity. he property, hich had an area of ",-% s+uare meters, more or less, as as located in arangaySan /ionisio, Para0a+ue *ity, and as 1ounded in the 2ortheast 1y $ot %-!# 1elonging to respondent Arcadio *.Santos, 3r. (Arcadio, 3r.), in the Southeast 1y the Para0a+ue River, in the Southest 1y an a1andoned road, and inthe 2orthest 1y $ot %##&'A also oned 1y Arcadio Ivan. 4n ay 5", "##&, Arcadio Ivan amended his application for land registration to include Arcadio, 3r. as his co' applicant 1ecause of the latter6s co'onership of the property. 7e alleged that the property had 1een formedthrough accretion and had 1een in their 8oint open, notorious, pu1lic, continuous and adverse possession for morethan 9- years. he *ity of Para0a+ue (the *ity) opposed the application for land registration, stating that it needed the th e prop ro perty rt y for its flood control control program program that the property property as ithin ithin the the legal easement easement of 5- meters meters from the river 1an; and that assuming that the property as not covered 1y the legal easement, title to the property could not 1e registered in favor of the applicants for the reason reason that the property as an an orchard that had dried up and had not resulted from accretion . 4n ay "-, 5--- the R* granted the application for land registration, disposing:<7=R=F4R=, the *ourt here1y declares the applicants, AR*A/I4 I>A2 I>A2 A. SA24S, III and AR*A/I4 *. SA24S, 3R.,1oth Filipinos and of legal age, as the R?= and AS4$?= 4<2=RS of the land 1eing applied for hich is situatedin the arangay of San /ionisio, *ity of Para0a+ue ith an area of one thousand forty five ("-%) s+uare metersmore or less and covered 1y Su1division Plan *sd'--'---9%9, 1eing a portion of $ot %##&, *ad. 5##, *ase %,Para0a+ue *adastre, $R* Rec. 2o. and orders the registration of $ot %##&'
dried up and considering that $ot % hich ad8oins the same property is oned 1y the applicant hich as o1tained 1y the latter from his mother he Repu1lic su1mits, hoever, that the application 1y 1oth loer courts of Article %! of the *ivil *ode aserroneous in the face of the fact that respondents6evidence did not esta1lish accretion, 1ut instead the drying up of the Para0a+ue River .Issue:
