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Three Kinds of Actions Available To Recover Possession of Real Property

There are three types of actions to recover possession of real property: 1. Accion Interdictal, which includes forcible entry and unlawful detainer actions. These must be brought within one year of the illegal entry or possession and address issues of physical possession. 2. Accion Publiciana, which determines the better right of possession and can be brought in regional trial courts. It is used if more than one year has passed since the illegal action or the entry was not forced. 3. Accion Reivindicatoria, which is used to recover ownership and is brought in regional trial courts. It differs from the other actions because it determines legal ownership rather than the right of possession.

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5K views

Three Kinds of Actions Available To Recover Possession of Real Property

There are three types of actions to recover possession of real property: 1. Accion Interdictal, which includes forcible entry and unlawful detainer actions. These must be brought within one year of the illegal entry or possession and address issues of physical possession. 2. Accion Publiciana, which determines the better right of possession and can be brought in regional trial courts. It is used if more than one year has passed since the illegal action or the entry was not forced. 3. Accion Reivindicatoria, which is used to recover ownership and is brought in regional trial courts. It differs from the other actions because it determines legal ownership rather than the right of possession.

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Frances Angelie Nacepo
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© © All Rights Reserved
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Cecille Therese G.

Pedregosa JD 2 - B

Three kinds of actions available to recover possession of real property

1. Accion Interdictal

Accion Interdictal consists of two different causes of action which are, Forcible
Entry and Unlawful Detainer.

a. Definition
In Forcible Entry, a person is deprived of either material or physical
possession of real property by means of force, intimidation, strategy, threats, or
stealth. Here, the possession of the defendant is illegal from the beginning, and
that the issue is which party has prior de facto possession. However, in Unlawful
Detainer, a person illegally withholds possession after the expiration or
termination of his right to hold possession under any contract, express or implied.
Here, the possession of the defendant is originally legal but became illegal due to
the expiration or termination of the right to possess.

b. Prescriptive Period
In Forcible Entry, the action must be brought within one year from the date
of actual entry on the land, however, in case of strategy or stealth, it would be a
better rule to start the reckoning of the one year period from the time of the
discovery of such strategy or stealth. On the other hand, in the case of Unlawful
Detainer, the action must be brought within one year from the date of last
demand to vacate such real property. Both are of summary in nature and the
jurisdiction of these two actions shall be brought in the proper Municipal Trial
Court or Metropolitan Trial Court.

2. Accion Publiciana as distinguished in both cases of Accion Interdictal

a. Definition
Accion Publiciana is the plenary action to recover the right of possession
or as to who has the better right to possess such real property. Such action shall
be brought before the Court of First Instance, now the Regional Trial Court.

b. Two kinds of Accion Publiciana


First is that where the entry was not obtained through fraud, intimidation,
strategy, threat and stealth. This action can be brought as soon as the
dispossession takes place without waiting for the lapse of one year. Another is
Cecille Therese G. Pedregosa JD 2 - B

that where the one year period for bringing the action for forcible entry or
unlawful detainer has already elapsed.

c. Accion Publiciana as distinguished with Action Interdictal (Forcible Entry and


Unlawful Detainer)
First difference would be, in Accion Publiciana, one instance to bring it as
a right of action is where the entry was not obtained through fraud, intimidation,
strategy, threat and stealth. On the other hand, in Accion Interdictal, specifically
in Forcible entry, such right to bring this kind of action is where a person is
deprived of either material or physical possession of real property by means of
force, intimidation, strategy, threats, or stealth. Second, Accion Publiciana shall
be the right of action of the one year period of prescription of action to bring
Accion Interdictal has already elapsed. Here, Accion Publiciana can only be
brought up after the expiration of the one year prescriptive period of Accion
Interdictal, whereas Accion Interdictal shall only be brought up as the right of
action within one year from the right of bringing up such action. Third, both
actions give answers to issues regarding possession. However, in Accion
Interdictal, the issue raised in order to take such action is the material or physical
possession of such property and in Accion Publiciana, the issue is the better right
of possession of such property. Lastly, Accion Interdictal, in both cases, shall be
brought in the proper Municipal Trial Court or Metropolitan Trial Court, and on the
other hand, Accion Publiciana shall be brought before the Court of First Instance,
now the Regional Trial Court.

3. Accion Reivindicatoria as distinguished with Accion Interdictal and Accion Publiciana

a. Definition
Accion Reivindicatoria is an action to recover ownership over real
property. Evidence of title or mode may be introduced. The action must be
brought before the Court of First Instance, now Regional Trial Court, where the
property is situated.

b. Distinction of Accion Reivindicatoria against Accion Interdictal and Accion


Publiciana
In both cases, Accion Interdictal and Accion Publiciana, the difference
between Accion Reivindicatoria is the issue involved in order to raise or bring up
such action.
In Accion Reivindicatoria against Accion Interdictal, Accion Reivindicatoria
is brought up as an action if the issue is regarding ownership. On the other hand,
Accion Interdictal is brought up as an action if the issue is regarding physical or
Cecille Therese G. Pedregosa JD 2 - B

material possession. Another distinction between the two aside from the issues
involved in order to bring up such action is on what court has the jurisdiction on
such issue for the right to bring up such action. In the case of Accion
Reivindicatoria, such action shall be brought before the Court of First Instance,
now Regional Trial Court and, on the other hand, the right of action for Accion
Interdictal shall be brought before the proper Municipal Trial Court or
Metropolitan Trial Court.

In Accion Reivindicatoria against Accion Publiciana, Accion


Reivindicatoria is brought up as an action if the issue is regarding ownership. On
the other hand, Accion Publiciana is brought up as an action if the issue is
regarding the better right of possession of the property in question.

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