1. Accion Interdictal

Recovery of Possession of Movable Property

Recovery of Possession of Immovable Property

Accion interdictal

It is a summary action to recover physical or material possession only and it must be brought within one year from the time the cause of action arises. It may be:

• Forcible Entry; or
• Unlawful Detainer.

What is a possessor in bad faith?

Possessor in Bad Faith is one who is aware of defect. (Art. 526)

IMMOVABLE PROPERTY -

• Accion Interdictal or ejectment suit – forcible entry and unlawful detainer. This summary action is filed with the proper MTC within one year from unlawful deprivation of possession in forcible entry (from discovery when entry is by stealth), or from the termination of the right to possess in unlawful detainer, as applicable (Rule 70, Sections 1–2, Rules of Civil Procedure).
• Accion Publiciana - plenary action to recover the right of possession when summary ejectment is unavailable, including when dispossession has lasted for more than one year. Prescription depends on the basis of the asserted right. Jurisdiction lies with the RTC if the property's assessed value exceeds ₱400,000; otherwise, it lies with the proper first-level court (BP Blg. 129, Sections 19(2) and 33(3), as amended by RA 11576).

Although both ejectment and accion publiciana are actions specifically to recover the right of possession, they have two (2) distinguishing differences. The first is the filing period. Ejectment cases must be filed within one (1) year from unlawful deprivation of possession in forcible entry (from discovery when entry is by stealth), or from the termination of the right to possess in unlawful detainer, as applicable. If the dispossession lasts for more than a year, then an accion publiciana must be filed. The second distinction concerns jurisdiction. Ejectment cases, being summary in nature, are filed with the MTC. Under the pre-RA 11576 jurisdictional rule, accion publiciana could only be taken cognizance by the RTC. (Eversley Childs Sanitarium v. Spouses Anastacio and Perla Barbarona, G.R. No. 195814, 2018) Owner check: verify attribution of the former categorical RTC-jurisdiction statement to the cited case. Under current law, jurisdiction over accion publiciana lies with the RTC if the property's assessed value exceeds ₱400,000, and with the proper first-level court otherwise (BP Blg. 129, Sections 19(2) and 33(3), as amended by RA 11576).

• Accion Reivindicatoria - seeks recovery of ownership and possession. Prescription depends on the property and the basis of the claim; an owner's action to recover registered land is not defeated by acquisitive prescription (PD 1529, Section 47). Trial-court jurisdiction lies with the RTC if the property's assessed value exceeds ₱400,000, and with the proper first-level court otherwise (BP Blg. 129, Sections 19(2) and 33(3), as amended by RA 11576). It involves both the issue of possession and ownership, that is:
• that the plaintiff has ownership or title to the property; and
• the defendant dispossessed him of the land.
• Writ of Possession - An order directing the sheriff to place a successful registrant under the Torrens system in possession of the property covered by a decree of the court