Professional Documents
Culture Documents
OWNERSHIP IN GENERAL
Art. 427. Ownership may be exercised over things or rights. (n)
OWNERSHIP
KINDS OF OWNERSHIP
1.
2.
3.
4.
Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than
those established by law.
The owner has also a right of action against the holder and possessor of the thing in order
to recover it. (348a)
ACTIONS TO RECOVER
1. Replevin
2.
3.
Accion publiciana
4.
Accion reinvidicatoria
5.
6.
REPLEVIN
An action or provisional remedy where the complainant prays for the recovery of the possession
of PERSONAL PROPERTY
FORCIBLE ENTRY
> Summary action to recover material or physical possession of real property when a person
originally in possession was deprived thereof by force, intimidation, strategy, threat or stealth
> Action must be brought within 1 year from the dispossession
> Issue involved is mere physical possession or possession de facto and not juridical possession
nor ownership
UNLAWFUL DETAINER
> Action that must be brought when the possession by a landlord, vendor, vendee or
other person of any land or building is being unlawfully withheld after the expiration or
termination of the right to hold possession, by virtue of any contract, express or implied
>Action must be brought within one year from last demand letter
ACCION PUBLICIANA
> Recovery of the better right to possess, and is a plenary action in an ordinary civil proceeding
before the RTC
>Must be brought within a period of 10 years otherwise the real right to possess is lost
ACCION REINVIDICATORIA
> Issue involved is ownership and for this purpose, evidence of title or mode may be introduced
> It is permissible to file both an action for ownership and for detainer over the same
land, and between the same parties, because the issues involved are different
WRIT OF INJUNCTION
> A person deprived of his possession of real or personal property is ordinarily not allowed to
avail himself of this remedy, the reason being that the defendant in actual possession is
presumed disputably to have the better right
WRIT OF POSSESSION
> Used in connection with the Land Registration Law is an order directing the sheriff to
place a successful registrant under the Torrens system in possession of the property covered
by a decree of the Court
Art. 429. The owner or lawful possessor of a thing has the right to exclude any person from
the enjoyment and disposal thereof. For this purpose, he may use such force as may be
reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion
or usurpation of his property. (n)
DOCTRINE OF SELF-HELP
Art. 430. Every owner may enclose or fence his land or tenements by means of walls, ditches,
live or dead hedges, or by any other means without detriment to servitudes constituted
thereon. (388)
Art. 431. The owner of a thing cannot make use thereof in such manner as to injure the
rights of a third person. (n)
> This is one of the fundamental bases of police power and constitutes a just restriction on
the right of ownership
Art. 432. The owner of a thing has no right to prohibit the interference of another with
the same, if the interference is necessary to avert an imminent danger and the
threatened
damage, compared to the damage arising to the owner from the interference, is much
greater. The owner may demand from the person benefited indemnity for the damage to him.
(n)
STATE OF NECESSITY
RULE OF EVIDENCE
2.
Claim of ownership
Art. 434. In an action to recover, the property must be identified, and the plaintiff must rely
on the strength of his title and not on the weakness of the defendant's claim. (n)
If the things found be of interest to science of the arts, the State may acquire them at their just
price, which shall be divided in conformity with the rule stated. (351a)
Art. 439. By treasure is understood, for legal purposes, any hidden and unknown deposit of
money, jewelry, or other precious objects, the lawful ownership of which does not appear. (352)