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    Actions Available To Recover Possession of Real Property

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    Leizel Zafra
    This document discusses the three types of actions available to recover possession of real property in the Philippines: (1) accion interdictal, which includes forcible entry and unlawful detainer claims handled in municipal courts; (2) accion publiciana, a plenary action for possession handled in regional trial courts for dispossession lasting over a year; and (3) accion reivindicatoria, an action for ownership handled in regional trial courts. It provides details on the differences between these claims and the courts that handle each type of action.

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    Actions Available To Recover Possession of Real Property

    Uploaded by

    Leizel Zafra
    61 views1 page
    This document discusses the three types of actions available to recover possession of real property in the Philippines: (1) accion interdictal, which includes forcible entry and unlawful detainer claims handled in municipal courts; (2) accion publiciana, a plenary action for possession handled in regional trial courts for dispossession lasting over a year; and (3) accion reivindicatoria, an action for ownership handled in regional trial courts. It provides details on the differences between these claims and the courts that handle each type of action.

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    Actions Available to Recover Possession of Real Property

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    This document discusses the three types of actions available to recover possession of real property in the Philippines: (1) accion interdictal, which includes forcible entry and unlawful detainer claims handled in municipal courts; (2) accion publiciana, a plenary action for possession handled in regional trial courts for dispossession lasting over a year; and (3) accion reivindicatoria, an action for ownership handled in regional trial courts. It provides details on the differences between these claims and the courts that handle each type of action.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    61 views1 page

    Actions Available To Recover Possession of Real Property

    Uploaded by

    Leizel Zafra
    This document discusses the three types of actions available to recover possession of real property in the Philippines: (1) accion interdictal, which includes forcible entry and unlawful detainer claims handled in municipal courts; (2) accion publiciana, a plenary action for possession handled in regional trial courts for dispossession lasting over a year; and (3) accion reivindicatoria, an action for ownership handled in regional trial courts. It provides details on the differences between these claims and the courts that handle each type of action.

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    ACTIONS AVAILABLE TO RECOVER POSSESSION OF REAL PROPERTY

    G.R. No. 210504

    HEIRS OF ALFONSO YUSINGCO, represented by their Attorney-in-Fact,


    TEODORO K. YUSINGCO, Petitioners
    vs.
    AMELITA BUSILAK, COSCA NAVARRO, FLAVIA CURAYAG and
    LIXBERTO1 CASTRO, Respondents

    In a number of cases, this Court had occasion to discuss the three (3) kinds of actions
    available to recover possession of real property, to wit:

    xx x (a) accion interdictal; (b) accion publiciana; and (a) accion reivindicatoria

    Accion interdictal comprises two distinct causes of action, namely, forcible


    entry (detentacion) and unlawful detainer (desahuico) [sic]. In forcible entry, one is
    deprived of physical possession of real property by means of force, intimidation,
    strategy, threats, or stealth whereas in unlawful detainer, one illegally withholds
    possession after the expiration or termination of his right to hold possession under any
    contract, express or implied. The two are distinguished from each other in that in
    forcible entry, the possession of the defendant is illegal from the beginning, and that the
    issue is which party has prior de facto possession while in unlawful detainer, possession
    of the defendant is originally legal but became illegal due to the expiration or termination
    of the right to possess.

    The jurisdiction of these two actions, which are summary in nature, lies in the proper
    municipal trial court or metropolitan trial court. Both actions must be brought within one
    year from the date of actual entry on the land, in case of forcible entry, and from the
    date of last demand, in case of unlawful detainer. The issue in said cases is the right to
    physical possession.

    Accion publiciana is the plenary action to recover the right of possession which should
    be brought in the proper regional trial court when dispossession has lasted for more
    than one year. It is an ordinary civil proceeding to determine the better right of
    possession of realty independently of title. In other words, if at the time of the filing of
    the complaint more than one year had elapsed since defendant had turned plaintiff out
    of possession or defendant's possession had become illegal, the action will be, not one
    of the forcible entry or illegal detainer, but an accion publiciana. On the other
    hand, accion reivindicatoria is an action to recover ownership also brought in the proper
    regional trial court in an ordinary civil proceeding.

    Accion reivindicatoria or accion de reivindicacion is, thus, an action whereby the


    plaintiff alleges ownership over a parcel of land and seeks recovery of its full
    possession.  It is a suit to recover possession of a parcel of land as an element of
    ownership.  The judgment in such a case determines the ownership of the property and
    awards the possession of the property to the lawful owner.  It is different from accion
    interdictal or accion publiciana where plaintiff merely alleges proof of a better right to
    possess without claim of title. 

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