Chapter I - Ownership in General Flashcards
TITLE II Ownership (37 cards)
What is ownership?
an independent
right of exclusive enjoyment and control of the thing for the purpose of deriving therefrom all advantages required by the reasonable needs of the owner (holder of the right) and the promotion of the general welfare but subject to the restrictions imposed by law and the right of others.
Enumerate the rights of ownership under the New Civil Code.
1) the right to enjoy the property (Art. 428, par. 1, NCC) - jus utendi
2) the right to dispose the property (Art. 428, par. 1, NCC); - jus disponendi
3) the right to recover the property from any holder or possessor (Art. 428, par. 2, NCC); - jus vindicandi
4) the right to exclude any person from
enjoyment and disposal of the property (Art. 429, NCC); - jus utendi
5) the right to enclose or fence the land or
tenement (Art. 430, NCC); - jus utendi
6) the right to demand indemnity for damages suffered due to lawful interference by a third person to avert an imminent danger (Art. 432, NCC);
7) the right to just compensation in case of
eminent domain (Art. 435, NCC);
8) the right to construct any works or make any plantations and excavations on the surface or subsurface of the land (Art. 437, NCC);
9) the right to hidden treasure found in the
owner’s property (Art. 438, NCC); and
10) the right to accessions. (Art. 440, NCC) – jus accessiones
Other real rights aside from ownership
1) real rights over one’s own property (jus in repropria)
2) real rights over the property of another (jus in
re aliena)
Examples of jus in re aliena are usufruct,
easement, possession and mortgage
These rights presuppose the existence of an
ownership
What are the actions for recovery of possession?
Real property
1) Accion interdictal
2) Accion publiciana
3) Accion reivindicatoria
Personal property
1) Replevin
What is accion interdictal?
It is a summary action that seeks the recovery of physical possession
where the dispossession has not lasted for
more than one year and is to be exclusively
brought in the proper inferior court.
The issue involved is material possession or possession de facto
It comprises two distinct causes of action
What is forcible entry?
Forcible entry is a summary action to recover material or
physical possession of real property when the person who originally held it was deprived of possession by “force, intimidation, threat, strategy, or stealth.”
What are the requisites of forcible entry for MTC to acquire jurisdiction?
Requisites of MTC to acquire jurisdiction
- Plaintiffs must allege their prior
physical possession of the property. - They were deprived by force,
intimidation, threat, strategy, stealth. - Must be filed within 1 year from the
time the owners or legal possessors
learned of their deprivation or physical
possession of the land or building
What is unlawful detainer?
It is an action the may be filed when possession by “after the expiration or
termination of the right to hold possession, by virtue of any a lessor, vendor, vendee, or
other person against whom the possession
of any land or building is unlawfully
withheld contract, express or implied.”
What are the requisites of unlawful detainer?
1) initially, possession of the property by the
defendant was by contract with or by
tolerance of the plaintiff
2) eventually, such possession became illegal
upon notice and demand by plaintiff to
defendant of the termination of the latter’s
right of possession – jurisdictional in
nature
3) the defendant remained in possession of
the property and deprived the plaintiff of
the enjoyment thereof
4) within one year from the last demand
on defendant to vacate the property, the
plaintiff instituted the complaint for
ejectment
Distinguish forcible entry from unlawful detainer.
Forcible entry
-The person who originally held it was deprived of possession by “force, intimidation, threat, strategy, or stealth.
-Possession of the defendant is illegal from
the very beginning
-A party who can prove
prior possession can recover such possession even against the owner
himself; no matter how long or short the
possession
-Must be filed 1 year from date of actual entry
-Stealth – from discovery
Unlawful Detainer
-Possession is withheld after the expiration or termination of the right to hold possession, by virtue of any a lessor, vendor, vendee, or other person against whom the possession of any land or
building is unlawfully withheld contract, express or implied.
-Possession of the defendant is illegal from the termination of right
-Defendant remained in possession of the property and deprived the plaintiff of the enjoyment thereof
-Plaintiff need not prove
prior possession
-Must be filed 1 year from
last demand
Relevance why accion interdictal should be filed within 1 year.
Art 555. A possessor may lose his possession:
(1) By the abandonment of the thing;
(2) By an assignment made to another either by onerous or gratuitous title;
(3) By the destruction or total loss of the thing, or because it goes out of commerce;
(4) By the possession of another, subject to the provisions of article 537, if the new possession has lasted longer than one year. But the real right of possession is not lost till after the lapse of ten years. (460a)
What is the general rule for action of recovery?
1) It will not bind the title or affect the ownership of the land or building
2) It will not bar an action between the same parties respecting title to the land or building
3) It is not a collateral attack proscribed by Sec 48 PD1529
XPN: When the issue of ownership is raised by the defendant in his pleadings and the question of
possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession
(provisional only)
What is accion publiciana?
An action for recovery of the right to possess and is a plenary action in an ordinary civil proceeding to
determine the better right of possession (possession de
jure) of realty independent of the title or ownership of the property
It can be filed when the dispossession lasted for more
than 1 year
It is used to refer to an ejectment suit where the cause of dispossession is not among the grounds for forcible entry or unlawful detainer or when
possession has been lost for more than one year and the action can no longer be maintained under Rule 70
The objective is to recover possession only
It is not conclusive on the issue of ownership
The jurisdiction shall depend on the location of the realty and its assessed value
Recite the jurisdiction and their assessed value with regards to accion publiciana.
-MTC – Metro Manila, assessed value does not exceed 50,000
-RTC – Metro Manila, assessed value exceeds 50,000
-MTC – outside Metro Manila, assessed value does not exceed 20,000
-RTC – outside Metro Manila, assessed value exceeds 20,000
Distinguish Accion Interdictal and Accion Publiciana.
Accion Publiciana
-Plenary action
-Issue is the possession
de jure or who has the
better right
-May be brought even
after 1 year
Accion Interdictal
-Summary action
-Issue is the possession
de facto or material
possession
-Must be brought within
1 year
What is Accion Revidicatoria?
An action whereby plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession.
Is Accion Revidicatoria a recovery of ownership?
No.
What happens in an accion reivindicatoria is that the plaintiff has been deprived of the exercise of all the rights included in ownership and what he seeks to
recover by filing such an action is, in reality, only the exercise of the rights included in ownership.
What is doctrine of self-help
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.
Who can invoke the doctrine of self-help
1) owners
2) lawful possessors
When to invoke the doctrine of self-help?
1) in repelling actual unlawful physical invasion or
usurpation
2) in preventing threatened unlawful physical
invasion or usurpation
3) not when possession was already lost
What is the exception in doctrine of self-help?
Art 432 - State of necessity
Distinguish Doctrine of Self-help and Recovery of Possession.
Doctrine of Self-help
It can be availed of when
there is actual or threatened unlawful physical invasion or
usurpation
Recovery of Possession
It can be availed when
possession has already
been lost
What kind of force is necessary in Doctrine of Self-help?
In order for defense of property to be appreciated as a justifying circumstance, it is necessary that the means employed to prevent or repel the aggression must also
be reasonable. In determining the reasonableness of the means employed, the absence of an attack against the person of the owner or lawful possessor of the property must be considered since defense of property is not of such importance as the right to life and limb.
What is the limitation of the right to enclose or fence the property?
1) Must be in good faith
- If in bad faith, the lot owner is liable for damages. REMEDY: resort to the proper legal processes for the purpose of obtaining recovery of possession pursuant to the provisions of Article 536 of the Civil Code.
2) It should not work detriment to the servitudes constituted therein
