Topic Essential Element Is Related Is Not Related

Concept of Property Property Ownership The ownership of the

Ownership -defined as the property is under the
independent right of a name of the great
person to the grandparents despite
exclusive enjoyment the tax declaration is
and control of a in the name of their
property, including its grandparents.
disposition and
recovery.
Actions to Recover Accion When the
Ownership Interdictal/Ejectment management of the
-defined as a produce and the tax
summary action to payments became
recovery physical or irregular after the
material possession grandparents perished,
only. It consists of the the subject land
summary actions of started to have
Forcible Entry and uncontrolled
Unlawful Detainer. occupancy on various
area of the property,
especially in the road
frontage areas.

Accion interdictal can

be implemented to
recover physical
possession of the land
because there is
forcible entry on the
land.
 An action for
unlawful detainer and
forcible entry must be
filed within one year
from the date
possession is lost (or
the date the unlawful
possession
started).The
distinction between
forcible entry and
unlawful detainer is
premised on the
nature of the
possession. An action
for forcible entry is
proper when the
dispossession was by
means of force, threat,
intimidation, strategy
or stealth. Cases for
ejectment are filed
with the Metropolitan
or Municipal Trial
Courts, and
proceedings are
summary in nature.
Actions to Recover Accion Publiciana There is forcible entry
Ownership -defined as an present on the land,
ordinary civil therefore Accion
proceeding to recover Publiciana is not
the better right of applicable.
possession, except in
 cases of forcible entry
and unlawful detainer.
>Must be brought
within a period of
10 years otherwise
the real right to
possess is lost
> Issue is possession
de jure
Actions to Recover Accion As the rightful heir by
Ownership Reinvidicatoria virtue of succession,
accion reinvidicatoria
> Action to recover
can be filed to show
ownership over real
dominion on the land
property
as the owner.
> Must be brought in
the RTC
> It must be brought
within 10 or 30 years
as the case may be
> 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
Actions to Recover Writ of Injunction The person involved
Ownership is not allowed to avail
> A person deprived
himself this remedy as
of his possession of
he is deprived of his
real or personal
possession.
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

Actions to Recover Replevin In replevin, two

Ownership -An action or parties have rights to
provisional remedy possession of
where the property, but one
complainant prays for party may have
the recovery of the greater rights to
possession of personal property. In the
property sample case, only one
party has the right to
ownership. Therefore,
replevin is
Actions to Recover Writ of Possession The presence of
Ownership - is an order illegal settlers
issued by a court warrants the case to
of law which file a writ of
possession.
 allows a person or
group to take
possession of real
property by forcing
the person or
group currently in
possession of the
property out.
Definition of Terms Unlawful Detainer There is no signed
lease agreement
> Action that must
between the owner
be brought when
and the uncontrolled
the possession by a
inhabitants within the
landlord, vendor,
area.
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

Forcible Entry There is forcible entry

present because of
> Summary action to
unlawful detainer
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

Limitations of the 1. Those given by As the heir of the

Owners the State or the laws land, they are subject
2. Those given by to the limitations
the owner himself stated.
3. Those given by
the person who gave On the other hand, If
the right to its present one does not own the
owner land he possesses, he
has limited rights.
He may be ejected
based on two types of
legal action: (1)
ejectment (i.e.,
forcible entry or
unlawful detainer)
 (accion interdictal);
or (2) accion
publiciana (or the
plenary action to
recover the better
right of possession).
Doctrine of Self Help As the rightful heir,
The doctrine of self
> The right to counter
help is applicable to
force with force
the owner to threaten
> Comparable with
unlawful physical
self-defense under
invasion of the
justifying
property.
circumstances in
Criminal Law
> 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 reasonable
necessary to repel or
prevent an actual or
threatened unlawful
physical invasion or
usurpation of his
property.

BASIC TYPES OF Freehold Estate - an The subject land is a

ESTATE estate in real property freehold estate.
that is of uncertain
duration and has the
right to immediate
possession of the land

Types of Freehold a. Fee Simple The subject land is a

Estate Absolute- a type of fee simple absolute
freehold estate estate because the
wherein the property deed of the land is
can be inherited for as given without any
long an owner wants condition.
to retain it.

b. life estate - a type

of freehold estate
wherein the owner
may retain posession
for that person's
lifetime, at which
point the estate reverts
to original grantor.

Types of Estate Non Freehold Estates The land is not a non

- an estate in real freehold estate
property that is of because it doesn’t
limited duration and is have a limited
not inheritable. duration.

Type of Non Freehold a. Tenancy for The land is not a non

Estate years - involves a freehold estate.
lease for a specified
amount of time that is
specified when the
lease is signed.

b. Tenancy
from year to year -
involves a a leases is
renewed
automatically as no
parties terminates it

c. Tenancy at
will - a type of
tenancy that is for an
unspecified amoutn of
times and can be
ended by either party
at any time.

d. Tenancy at
sufferance - a type of
tenancy involves a
tenant's wrongful
refusal to leave at the
end of a specifed lease
period.