Civil Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

REPLEVIN FORCIBLE ENTRY UNLAWFUL ACCION ACCION

DETAINER PUBLICIANA REINVINDICATORIA
Definition action or provisional Summary action to Action brought when It is the Action to recover
remedy where the recover material or possession by a preliminary ownership of real
complainant prays for physical possession landlord, vendor or action to recover property
the recovery of the of real property when vendee or other a better right to
possession of the a person originally in person of any land or possess
personal property possession was building is being
deprived thereof by unlawfully withheld
* NOT APPLICABLE FISTS after the termination
TO Force, Intimidation, or expiration of the
(a) movables Strategy, right to hold
distrained or taken for Threat, or possession, by virtue
a tax assessment or Stealth of a contract, express
fine pursuant to law or implied
(b) those under a writ
of execution or
preliminary
attachment
(c) those under
custodia legis
Where to file MTC or RTC MTC MTC RTC RTC
depending on the
amount of money
involved
Issue involved Recovery of Material or physical Material or physical Better right of Ownership of real
possession of possession of real possession of real possession of property
personal property property property real property.
Possession de facto Possession de facto Possession de
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Type of Action in Personam Quasi in Rem Quasi in Rem Quasi in Rem Quasi in Rem
Prescription 1 year from 1 year from the time 10 years 10 or 30 years
dispossession the possession depending on whether
FIT – from became unlawful – it’s ordinary or
dispossession last date of demand extraordinary
SS – from discovery or letter of demand prescription
Others Steps: • May be brought • If there’s a fixed 2 kinds • Accion
i. complaint is filed at against the owner period – 1 year a) Possession reinvindicatoria can
commencement or in some cases from the not be filed
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

at any time before such as lease expiration of the through simultaneously with
answer of other • Complaint must lease FISTS FE
party state FISTS or • If the reason is - can be filed • Judgment of
i. complaint should else it would just non-payment of immediately ownership usually
allege OWTA be an accion rent or non- includes the right of
(owner, wrongfully publiciana which fulfillment of the b) 1 year period possession
taken, taken for
should be filed conditions of the • Should remember
against law) with the RTC lease – 1 year FE or UD has
Article 434. In an
i. pay bond double from the demand Elapsed
action to recover
the amount of to vacate ownership, the
property
• Complaint filed 5 property must be
v. sheriff takes
days after identified, and the
property
demand plaintiff must rely on
v. doors broken if
(buildings) or 15 the strength of his
necessary
days (land title and not on the
Defendant’s remedy: • Refers to any weakness of the
kind of land defendant’s claim
1) File a bond
double the • It should be
amount, and alleged that the
2) Give copy to right to possess
plaintiff had been
terminated and
Stranger’s remedy – that the
File a 3rd party claim continued
possession was
unlawful
• Not the remedy if
what is sought is
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performance
• Demand
Necessary - if there
is a breach
Not necessary – if
the fixed period just
expires
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

ACCESSION

Accession Accession
Discreta Continua

Natural Industrial Civil Real Personal

Fruits Fruits Fruits

Accession Accession Adjunction/ Specification Mixed

Industrial Natural Conjunction
Spontaneous rents of buildings
products of the price of leases of n
soil land & other
Young and other property
products of amount of
animals perpetual or Building Alluvium (ISTEP)
life annuities Planting Avulsion Inclusion or
or other Sowing Change of engraftment 1) commixtion
course of Soldadura or 2) confusion
similar income
rivers soldering
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are needed to see this picture.
islands Escritura or writing
Pintura or Painting