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Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

are need ure.
REPLEVIN FORCIBLE ENTRY UNLAWFUL
DETAINER
ACCION
PUBLICIANA
ACCION
REINVINDICATORIA
Definition action or provisional
remedy where the
complainant prays for
the recovery of the
possession of the
personal property

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

at any time before
answer of other
party
i. complaint should
allege OWTA
(owner, wrongfully
taken, taken
against law)
i. pay bond double
the amount of
property
v. sheriff takes
property
v. doors broken if
necessary

Defendants remedy:
1) File a bond
double the
amount, and
2) Give copy to
plaintiff

Strangers remedy
File a 3rd party claim
such as lease
Complaint must
state FISTS or
else it would just
be an accion
publiciana which
should be filed
with the RTC
expiration of the
lease
If the reason is
non-payment of
rent or non-
fulfillment of the
conditions of the
lease 1 year
from the demand
to vacate
Complaint filed 5
days after
demand
(buildings) or 15
days (land
Refers to any
kind of land
It should be
alleged that the
right to possess
had been
terminated and
that the
continued
possession was
unlawful
Not the remedy if
what is sought is
specific
performance
Demand
Necessary - if there
is a breach
Not necessary if
the fixed period just
expires
through
FISTS
- can be filed
immediately

b) 1 year period
for
FE or UD has
Elapsed
simultaneously with
FE
J udgment of
ownership usually
includes the right of
possession
Should remember
Article 434. In an
action to recover
ownership, the
property must be
identified, and the
plaintiff must rely on
the strength of his
title and not on the
weakness of the
defendants claim

Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007






ACCESSION
Accession
Discreta
Accession
Continua
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Natural
Fruits
Industrial
Fruits
Civil
Fruits
Real Personal
rents of buildings
price of leases of
land & other
property
amount of
perpetual or
life annuities
or other
similar income
Spontaneous
products of the
soil
Young and other
products of
animals
Accession
Industrial
Accession
Natural
Building
Planting
Sowing
Adjunction/
Conjunction
n
Specification Mixed
Alluvium
Avulsion
Change of
course of
rivers
Formation of
islands
(ISTEP)
Inclusion or
engraftment
Soldadura or
soldering
Tejido or weaving
Escritura or writing
Pintura or Painting
1) commixtion
2) confusion