2. Accion Publiciana

Accion publiciana

It refers to a plenary ordinary civil action to recover the better right of possession (possession de jure), distinct from the summary ejectment actions of forcible entry and unlawful detainer. (Gabriel Jr. v. Crisologo, G.R. No. 204626, June 9, 2014)

It is an ordinary civil proceeding to recover the better right of possession, except in cases of forcible entry and unlawful detainer. What is involved here is not possession de facto but possession de jure.

Effect of the Lapse of One-Year Period

If the dispossession allegedly took place by any of such means but the action is not brought within one year from deprivation of possession, the action is properly a plenary action of accion publiciana or accion reivindicatoria. (Penta Pacific Realty Corporation v. Ley Construction and Development Corporation, G.R. No. 161589, June 8, 2015)

ACTIONS FOR RECOVERY OF POSSESSION OF MOVABLE PROPERTY

ACTIONS FOR RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY

Means to Recover Possession

• Forcible entry
• Unlawful detainer
• Accion publiciana
• Accion reivindicatoria

An accion publiciana is limited to the recovery of the better right of possession independent of title or ownership. Any determination of ownership made in connection is not final or binding. A provisional determination of ownership, i.e. a publiciana proceeding, does not pose a "real attack" on the Torrens title in dispute since courts do not possess the jurisdiction to order the alteration, modification or cancellation of Torrens titles in such cases as provided under PD 1529.

Nevertheless, as held in Heirs of Cullado, the adjudication is not a final and binding determination of the issue of ownership. This is not a bar for the parties or even third persons to file an action for the determination of the issue of ownership and possession (as a consequence of such ownership). (Macutay v. Samoy, G.R. No. 205559, December 2, 2020.)

An Act Improving the Confirmation Process for Imperfect Land Titles- (RA 11573), amending CA 141 and PD 1529 [See Republic v. Pasig Rizal Co., Inc., G.R. No. 213207, February 15, 2022]