Accion publiciana is a plenary action for recovery of possession in an ordinary civil proceeding, in order to determine the better and legal right to possess, independently of title

Besides, it must be emphasized that this case is one for recovery of possession, also known as accion publiciana, which is a plenary action for recovery of possession in an ordinary civil proceeding, in order to determine the better and legal right to possess, independently of title.[10] The objective of the plaintiffs in accion publiciana is to recover possession only, not ownership. However, where the parties raise the issue of ownership, the courts may pass upon the issue to determine who between the parties has the right to possess the property. This adjudication, however, is not a final and binding determination of the issue of ownership; it is only for the purpose of resolving the issue of possession where the issue of ownership is inseparably linked to the issue of possession. The adjudication of the issue of ownership, being provisional, is not a bar to an action between the same parties involving title to the property.[11]

http://sc.judiciary.gov.ph/jurisprudence/2011/february2011/165851.htm

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About Erineus

Born on December 28, 1965, Surallah, South Cotabato, Southern Mindanao, Philippines.
This entry was posted in Accion Publiciana, Land, Possession and tagged . Bookmark the permalink.

2 Responses to Accion publiciana is a plenary action for recovery of possession in an ordinary civil proceeding, in order to determine the better and legal right to possess, independently of title

  1. dominic says:

    i inherited a parcel of land from my parents. the antecedent facts are as follows:
    1. THE PROPERTY WAS BEFORE FRAUDULENTLY TITLED IN FAVOR of AN OCCUPANT IN IT
    2. I CAUSED THE ANNULMENT OF THE SAME BY FILING IN COURT AND A DECISION WAS RENDERED REVERTING BACK TO THE ORIGINAL OWNERS THE TITLE OF THE PROPERTY FOR WHICH MY GRAND PARENT WHERE MY MOTHER DESCENDS WAS ONE OF THE OWNERS AND THE OTHER OWNER WAS THE SISTER OF MY GRANDPARENT WHO DIED INTESTATE.
    3. IN ORDER TO DETERMINE EACH PRO INDIVISO SHARE OF THE TWO OWNERS, A SURVEY WAS CONDUCTED AND THUS WAS ISSUED DULY APPROVED.
    4. THE SHARE OF MY GRAND PARENT/MY MOM WAS lot A while the other half was lot B where the owner died intestate.
    5. prior to the survey and a month after i received the copy of the title reverting it back to its original owner, i cause to file a summary case of unlawful detainer and forcible entry against the occupants which has his house constructed for almost 40 years on lot A eventually my mother share.
    6. to no avail, the court rendered a decision that the occupants thereon cannot be ejected by reason that they are co-owners of the property being also a descendants of my GREAT GRANDPARENT mother of the owner of lot A and lot B , claiming they are also heirs.
    7. and that decision was again attached in their response to the present case of ejectment i just filed from the new occupants of the house built over the lot (lot A) owned by my mother.
    8. is it proper that i file the ejectment case or an accion publiciana?

  2. accion publiciana as it was defined, again was not about ownership,, it is about possesion,,,the court is precise in its judgement that, the occupants for 40 years, with neighborly consent added the tolerance rendered by your party was taken into cognizance by the court, PD 1517 and civil code art. 1137, satisfy the courts argument on your case,,in relation to art,1141 of the civil code…. the prescriptive period for your party to recover the property at BAR lapse ten years ago.
    all this arguments satisfied the court ruling on your case… the first refusal right was on the occupants.. law never had its intentions to eliminate your rights however there is a cure for your demand… 1. payment of the legal value of the lot at Bar
    2. amicable settlement between parties that you will give them relocations and
    settle any amount due them as determined by the court.
    this settlement is founded on good faith and sec.28 par.8 of RA 7279 otherwise known as URBAN AND HOUSING ACT,,,
    by this solid arguments,, you will regain your land and the government will acquire such lot and pay you your deserved amount for the cost of your lot.

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