Definition Reinvidicatoria

SUPREME COURTS REPORTS ANNOTATED
ACCION REIVINDICATORIA
DEFINITION
Accion reivindicatoria or accion de reivindicacion is an action whereby
plaintiff alleges ownership over a parcel of land and seeks recovery of its full
possession (Serdoncillo vs. Benolirao, et. al., G.R. No. 118328 October 8, 1998)
The accion reinvidicatoria or reinvindicatory action is defined as an
action to recover ownership over realproperty. The action must be brought
in the Court of First Instance ( now Regional Trial Court) where the real
property is located ( Roman Catholic Bishop of Cebu v. Mangaron).
REQUISITES TO BE DETERMINED IN THE ACTION

The first requisite is the identity of the land. In an accion
reinvindicatoria, the person who claims that he has a better right to
the property must first fix the identity of the land he is claiming by
describing the location, area and boundaries thereof. Anent the second
requisite, i.e., the claimant’s title over the disputed area, the rule is that a
party can claim a right of ownership only over the parcel of land that was
the object of the deed. It is settled that what really defines a piece of land is
not the area mentioned in its description, but the boundaries therein laid
down, as enclosing the land and indicating its limits. We have held,
however, that in controversial cases where there appears to be an
overlapping of boundaries, the actual size of the property gains importance
(Leonardo Notarte et al. v. Godofredo Notarte, G.R. No. 180614, August 29,
2012).
THE PURPOSE OR OBJECTIVE

The objective of the plaintiffs in accion reivindicatoria is to recover
possession base on ownership.
An accion reinvindicatoria does not necessarily presuppose that the actual

and material possession of the property is on defendant and that plaintiff seeks the
recovery of such possession from defendant. It bears stressing that an accion
reinvindicatoria is a remedy seeking the recovery of ownership and includes jus
possidendi, jus utendi, and jus fruendi as well. It is an action whereby a party
claims ownership over a parcel of land and seeks recovery of its full possession.
(Capacete v. Baroro, 453 Phil. 392, 402 (2003).
Thus, the owner of real property in actual and material possession thereof
may file an accion reinvindicatoria against another seeking ownership over a parcel
of land including jus vindicandi, or the right to exclude defendants from the
possession thereof. In this case, respondents filed an alternative reinvindicatory
action claiming ownership over the property and the cancellation of TCT No.
321744 under the name of petitioner. In fine, they sought to enforce their jus utendi
and jus vindicandi when petitioner claimed ownership and prevented them from
fencing the property. (Iglesia ni Cristo v. Hon. Thelma Ponferada, et al., G.R. No.
168943, October 27, 2007)
JURISDICTION OVER ACCION REINVINDICATORIA

Whenever the owner is dispossessed by any other means than force,
intimidation, threats, strategy and stealth, he may maintain his action in
the Court of First Instance, and it is not necessary for him to wait until the
expiration of twelve months before commencing an action to be
repossessed or declared to be owner of the land. Courts of First Instance
have jurisdiction over actions to recover possession of real property
illegally detained, together with rents due and damages, even though one
(1) year has not expired from the beginning of such illegal detention,
provided the question of ownership of such property is also involved. In
other words, if the party illegally dispossessed desires to raise the question
of illegal dispossession as well as that of the ownership over the property,
he may commence such action in the Court of First Instance immediately or
at any time after such illegal dispossession. If he decides to raise the
question of illegal dispossession only, and the action is filed more than one
(1) year after such deprivation or withholding of possession, then the Court
of First Instance will have original jurisdiction over the case.(Marciana
Serdoncillo, Vs. Spouses Fidel, G.R. No. 118328. October 8, 1998)
HOW JURISDICTION IS DETERMINE IN ACCION

REINVINDICATORIA
(1) The actions of forcible entry and unlawful detainer are within the
exclusive and original jurisdiction of the MTC, MeTC and MCTC (Sec. 33[2], BP
129; RA 7691) and shall be governed by the rules on summary procedure
irrespective of the amount of damages or rental sought to be recovered (Sec. 3,
Rule 70).
(2) In actions for forcible entry, two allegations are mandatory for the MTC to
acquire jurisdiction: (a) plaintiff must allege his prior physical possession of the
property; and (b) he must also allege that he was deprived of his possession by
force, intimidation, strategy, threat or stealth. If the alleged dispossession did not
occur by any of these means, the proper recourse is to file not an action for forcible
entry but a plenary action to recover possession (Benguet Corp. Cordillera
Caraballo Mission, GR 155343, Sept. 2, 2005).
(3) Both actions must be brought within one year from the date of actual entry
on the land, in case of forcible entry, and from the date of last demand, in case of
unlawful detainer (Valdez vs. CA, GR 132424, May 2, 2006).
(4) Jurisdiction is determined by the allegations of the complaint. The mere

raising of the issue of tenancy does not automatically divest the court of
jurisdiction because the jurisdiction of the court is determined by the allegations of
the complaint and is not dependent upon the defenses set up by the
defendant (Marino, Jr. vs. Alamis, 450 SCRA 198 [2005]).
ACCION REINVIDICATORIA FROM ACCION PUBLICIANA
Accion reivindicatoria or accion de reivindicacion is thus an action

whereby plaintiff alleges ownership over a parcel of land and seeks recovery of its
full possession. It is different from accion interdictal or accion publiciana where
plaintiff merely alleges proof of a better right to possess without claim of
title. In Banayos vs. Susana Realty, Inc.,[29] this Court held that:
We have consistently held that a complaint for forcible entry, as

distinguished from that of unlawful detainer, in order to vest jurisdiction
upon the inferior court, must allege plaintiffs prior physical possession
of the property, as well as the fact that he was deprived of such
possession by any of the means provided in Section 1, Rule 70 of the
Rules of Court, namely: force, intimidation, threats, strategy and
stealth, for if the dispossession did not take place by any of these
means, the courts of first instance, not the municipal courts, have
jurisdiction.
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The aforesaid Rule 70 does not, however, cover all of the cases of
dispossession of lands. Thus, whenever the owner is dispossessed by
any other means than force, intimidation, threats, strategy and stealth,
he may maintain his action in the Court of First Instance, and it is not
necessary for him to wait until the expiration of twelve months before
commencing an action to be repossessed or declared to be owner of
the land. Courts of First Instance have jurisdiction over actions to
recover possession of real property illegally detained, together with
rents due and damages, even though one (1) year has not expired
from the beginning of such illegal detention, provided the question of
ownership of such property is also involved. In other words, if the party
illegally dispossessed desires to raise the question of illegal
dispossession as well as that of the ownership over the property, he
may commence such action in the Court of First Instance immediately
or at any time after such illegal dispossession. If he decides to raise
the question of illegal dispossession only, and the action is filed more
than one (1) year after such deprivation or withholding of possession,
then the Court of First Instance will have original jurisdiction over the
case. The former is an accion de reivindicacion which seeks the
recovery of ownership as well as possession, while the latter refers to
an accion publiciana, which is the recovery of the right to possess and
is a plenary action in an ordinary proceeding in the Court of First
Instance.
Thus, what is noticeable in the complaint is that private respondents

definitely gave petitioner notice of their claim of exclusive and absolute
ownership, including their right to possess which is an elemental attribute of
ownership.[31] It is immaterial whether or not private respondents instituted their
complaint one month from date of last demand or a year thereafter. What is of
paramount importance is that the allegations in the complaint are of the nature of
either an accion publiciana or an accion reivindicatoria. (Marciana
Serdoncillo, Vs. Spouses Fidel, G.R. No. 118328. October 8, 1998)
PERIOD OF PRESCRIPTION TO FILE THE ACTION

An accion reivindicatoria may be availed of within 10 years from
dispossession. (Heirs Of Tomas Dolleton, Heraclio Orcullo, Remedios San Pedro,
Heirs Of Bernardo Millama, Heirs Of Agapito Villanueva, Heirs Of Hilarion
Garcia, Serafina Sp Argana, And Heirs Of Mariano Villanueva Vs. Fil-Estate
Management Inc., Et Al. And The Register Of Deeds Of Las Pias City, G.R. No.
170750, April 7, 2009)

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SUPREME COURTS REPORTS ANNOTATED

REQUISITES TO BE DETERMINED IN THE ACTION

THE PURPOSE OR OBJECTIVE

An accion reinvindicatoria does not necessarily presuppose that the actual

JURISDICTION OVER ACCION REINVINDICATORIA

HOW JURISDICTION IS DETERMINE IN ACCION

(4) Jurisdiction is determined by the allegations of the complaint. The mere

ACCION REINVIDICATORIA FROM ACCION PUBLICIANA

Accion reivindicatoria or accion de reivindicacion is thus an action

We have consistently held that a complaint for forcible entry, as

Thus, what is noticeable in the complaint is that private respondents

PERIOD OF PRESCRIPTION TO FILE THE ACTION

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