G. Actions to Recover Property

G. Actions to Recover Ownership and Possession of Real Property

• Accion Interdictal
• Accion Publiciana
• Accion Reivindicatoria

5. Actions to Recover Ownership and Possession of Property

b. Accion Reivindicatoria c. Accion Publiciana d. Accion Interdictal e. Quieting of Title

Replevin

It is the remedy when the complaint prays for the recovery of the possession of personal property.

NOTE: A property validly deposited in custodia legis cannot be subject of a replevin suit. (Calub v. CA, G.R. No. 115634, April 27, 2000)

Resort of the owner rebutting the presumption

Under Art. 433 the remedy is judicial process to recover the property of the person.

Requisites to prove claim of ownership

• Proper identification of the property; and
• Title must be clear, strong and credible.

Art. 434. In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant’s claim.

Requisites For Action To Recover Property

• To clearly identify the land he is claiming in accordance with the title or titles on which he bases his right of ownership; and,
• To prove ownership on the strength of his own title, not on the weakness of the defendant’s claim

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ACTIONS TO RECOVER OWNERSHIP AND POSSESSION OF REAL PROPERTY AND ITS DISTINCTION

Writ of Injunction

General Rule: Generally not available as a remedy (Reason: The presumption is that the one in possession disputably have the better right)

Exception: When injunction is allowed:

• Actions for forcible entry
• In a forcible-entry case, the plaintiff may, within five days from filing the complaint, move for a preliminary mandatory injunction to restore possession
• Courts shall decide within 30 days
• Ejectment
• If possessor is a possessor in concept of an owner (possession de jure) for over a year and being disturbed by repeated intrusions of a stranger
• If an owner, still in possession, desires to prevent repeated intrusions by a stranger
• If the possessor is clearly not entitled to property

What is jus vindicandi?

Jus vindicandi is the right to recover. The law provides that the owner has a right of action against the holder and possessor of the thing in order to recover it. (Art. 428)

Period

Under Article 1132 of the Civil Code, ownership of movable property may be acquired through uninterrupted possession for four years in good faith, or for eight years without any other condition. An owner’s right to recover personal property that was lost or of which the owner was illegally deprived is subject to Articles 559 and 1505.

When replevin is not available

• The property is machinery or equipment placed by the owner of the tenement or plant for an industry or works carried on there and directly meeting its needs, making it immovable under Article 415(5) of the Civil Code.
• The property has been taken for a tax assessment.
• The property has been seized under a writ of execution or preliminary attachment, or otherwise placed under custodia legis, unless it is exempt from the seizure or custody. (Rules of Court, Rule 60, Sec. 2)

What must the owner prove?

• Ownership of the thing
• Loss or unlawful deprivation or bad faith of the possessor

NOTE: The owner's right to recover a movable depends on the circumstances of possession and acquisition, subject to Civil Code Articles 559 and 1505; negligence or voluntary parting alone does not categorically bar recovery.

When a writ of possession is not available

• Where mortgaged property under lease previously registered in the Registry of Property or despite non-registration, the mortgagee has prior knowledge of the existence and duration of the lease (Ibasco v. Caguioa, G.R.No. L62619, August 19, 1986);
• A mortgagor's refusal to surrender the property sold does not, by itself, make a writ of possession unavailable. The purchaser generally may seek a writ of possession under Act No. 3135, Sec. 7; and
• When a third party is in actual possession adverse to the judgment debtor. (Rules of Court, Sec. 33, Rule 39)

Badges of fraud

• Consideration for the conveyance of the property is inadequate or fictitious;
• Transfer was made by the debtor after a suit has commenced and while the suit against him was pending;
• Sale upon credit by an insolvent debtor;
• The presence of evidence of large indebtedness or complete insolvency of the debtor;
• Transfer of all his property by a debtor when he is financially embarrassed or insolvent;
• Transfer is made between father and son, where there are present some or any of the above circumstances; and
• Failure of the vendee to take exclusive possession of the property. (Oria v. McMicking, 21 Phil. 243, G. R. No. 7003, January 18, 1912)