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Petitioner claims that respondents illegally entered and planted sugar cane on their properties in Murcia, Negros Occidental. Respondents deny the allegation and assert that they have valid waivers of rights in favor of petitioner.
In this article, we shall discuss recovery of possession and ownership, the distinctions between the two actions to recover real property, whether possession or ownership. The juristic idea of the concepts of possession and ownership is normal to all frameworks of law.
An accion publiciana is an ordinary civil proceeding to recover the right of possession and determine the better right of possession of realty independently of title when the dispossession has lasted for more than one year and the plenary action of forcible entry or illegal detainer is no longer available.64 Without prior possession, Segundina ...
In the present case, the Spouses Supapo filed an action for the recovery of possession of the subject lot but they based their better right of possession on a claim of ownership [based on Transfer Certificate of Title No. C-28441 registered and titled under the Spouses Supapo's names46.
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. [11] It is a suit to recover possession of a parcel of land as an element of ownership. [12]
The case involves a dispute over a lot in Antipolo, Rizal, covered by a Torrens title. The Supreme Court affirmed the CA decision that the petitioners, who occupied the lot for 25 years, have no right to claim ownership and must vacate the property.
Accion publiciana is a plenary action to recover the better right of possession (possession de jure), which should be brought in the proper inferior court or Regional Trial Court (depending upon the value of the property) [19] when the dispossession has lasted for more than one year (or for less than a year in cases other than those mentioned ...
