Reclaiming What's Yours: Modes of Recovering Real-Property

According to the Civil Code of the Philippines, ownership may be exercised over things or rights (Article 427). In Article 428, it is also stated that the owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. The owner also has a right of action against the holder and possessor of the thing in order to recover it.

On G.R. No. 210504, Heirs of Alfonso Yusingco, represented by their attorney-in-fact, Teodoro K. Yusingco, Petitioners vs. Amelita Busilak, Cosca Navarro, Flavia Curayag, and Lixberto Castro, Respondents, the Court discussed three (3) kinds of actions available to recover possession of real property:

a. Accion interdictal, which is comprised of two (2) causes of action:

1. Forcible entry (detentacion) - one is deprived of physical possession of real property by means of force, intimidation, strategy, threats, or stealth. In this, the possession of the defendant is illegal from the beginning, and the issue is which party has prior de facto possession.

2. Unlawful detainer (desahuico) - one illegally withholds possession after the expiration or termination of his right to hold possession under any contract, express or implied. In this, the possession of the defendant is originally legal but became illegal due to the expiration or termination of the right to possess.

In forcible entry, the action must be brought within one (1) year from the actual entry of the land, while in unlawful detainer, it must be brought within one (1) year from the date of the last demand to vacate.

b. Accion publiciana: the plenary action to recover the right of possession, which should be brought in the proper regional trial court when dispossession has lasted for more than one year. It is an ordinary civil proceeding to determine the better right of possession of realty independently of title. In other words, if at the time of filing the complaint more than one year has elapsed since the defendant turned the plaintiff out of possession or the defendant's possession has become illegal, the action will not be one for forcible entry or illegal detainer, but an accion publiciana. There are two (2) instances in accion publiciana: first, to bring it as a right of action where the entry was not obtained through fraud, intimidation, threat, and stealth that can be brought without waiting for the lapse of one (1) year. The other one is bringing the action for forcible entry or unlawful detainer where the one-year period has already elapsed. Accion publiciana can only be brought after the expiration of the one (1) year prescriptive period of accion interdictal.

c. Accion reivindicatoria or accion de reivindicacion is an action whereby the plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession. It is a suit to recover possession of a parcel of land as an element of ownership. The judgment in such a case determines the ownership of the property and awards possession of the property to the lawful owner. It is different from accion interdictal or accion publiciana, where the plaintiff merely alleges proof of a better right to possess without a claim of title.

Having effective methods for recovering real estate property is essential for protecting your ownership rights and legally asserting your right to reclaim disputed properties. In the long run, these methods will also help in resolving real estate conflicts efficiently if they occur.