Property Kinds and Actions To Recover

OWNERSHIP
OWNERSHIP IN GENERAL
Art. 427. Ownership may be exercised over things or rights. (n)
OWNERSHIP
Independent and general right of a person to control a thing

particularly in his possession, enjoyment, disposition and recovery, subject to no restrictions except those
imposed by the state or private persons, without prejudice to the provisions of the law
KINDS OF OWNERSHIP
1. Full ownership—all rights of an owner

2. Naked ownership—ownership where the right to the use and the fruits have been denied
3. Sole ownership—ownership is only vested in one person
4. Co-ownership
Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by
law.
The owner has also a right of action against the holder and possessor of the thing in order to recover it. (348a)
7 RIGHTS OF AN OWNER UNDER ROMAN LAW
Jus possidendi -The right to possess

Jus utendi -The right to use
Jus fruendi -The right to the fruits
Jus abutendi -The right to consume
Jus disponendi -The right to dispose
Jus vindicandi -The right to recover
Jus accessiones -The right to accessories
ACTIONS TO RECOVER
1. Replevin
2. Accion interdictal—forcible entry and unlawful detainer
3. Accion publiciana
4. Accion reinvidicatoria
5. Writ of possession | writ of demolition
6. Writ of preliminary injunction
REPLEVIN
An action or provisional remedy where the complainant prays for the recovery of the possession of PERSONAL
PROPERTY
FORCIBLE ENTRY
> Summary action to recover material or physical possession of real
property when a person originally in possession was deprived thereof by force, intimidation, strategy, threat or
stealth
> Action must be brought within 1 year from the dispossession
> Issue involved is mere physical possession or possession de facto and not juridical possession nor ownership
UNLAWFUL DETAINER
> Action that must be brought when the possession by a landlord,
vendor, vendee or other person of any land or building is being unlawfully withheld after the expiration or
termination of the right to hold possession, by virtue of any contract, express or implied
>Action must be brought within one year from last demand letter
ACCION PUBLICIANA
> Recovery of the better right to possess, and is a plenary action in an ordinary civil proceeding before the RTC
>Must be brought within a period of 10 years otherwise the real right to possess is lost
> Issue is possession de jure
ACCION REINVIDICATORIA
> Action to recover ownership over real property
> Must be brought in the RTC
> It must be brought within 10 or 30 years as the case may be
> Issue involved is ownership and for this purpose, evidence of title or mode may be introduced
> It is permissible to file both an action for ownership and for

detainer over the same land, and between the same parties, because the issues involved are different
WRIT OF INJUNCTION
> A person deprived of his possession of real or personal property is ordinarily not allowed to avail himself of this
remedy, the reason being that the defendant in actual possession is presumed disputably to have the better right
WRIT OF POSSESSION
> Used in connection with the Land Registration Law is 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
OWNERSHIP HAS LIMITATIONS

1. Those given by the State or the laws
2. Those given by the owner himself
3. Those given by the person who gave the right to its present owner
Art. 429. The owner or lawful possessor of a thing has the right to
exclude any person from the enjoyment and disposal thereof. For
this purpose, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.
(n)
DOCTRINE OF SELF-HELP
> The right to counter force with force
> Comparable with self-defense under justifying circumstances in Criminal Law
Art. 430. Every owner may enclose or fence his land or tenements
by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes
constituted thereon. (388)    Art. 431. The owner of a thing cannot make use thereof in such manner as to
injure the rights of a third person. (n)
NO INJURY TO RIGHTS OF THIRD PERSONS
> This is one of the fundamental bases of police power and constitutes a just restriction on the right of ownership
Art. 432. The owner of a thing has no right to prohibit the

interference of another with the same, if the interference is
necessary to avert an imminent danger and the threatened
damage, compared to the damage arising to the owner from the
interference, is much greater. The owner may demand from the person benefited indemnity for the damage to
him. (n)

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OWNERSHIP

Art. 427. Ownership may be exercised over things or rights. (n)

Independent and general right of a person to control a thing

1. Full ownership—all rights of an owner

7 RIGHTS OF AN OWNER UNDER ROMAN LAW

Jus possidendi -The right to possess

> Issue is possession de jure

> Action to recover ownership over real property

> Must be brought in the RTC

> It must be brought within 10 or 30 years as the case may be

> It is permissible to file both an action for ownership and for

> Used in connection with the Land Registration Law is an order

OWNERSHIP HAS LIMITATIONS

> The right to counter force with force

> Comparable with self-defense under justifying circumstances in Criminal Law

NO INJURY TO RIGHTS OF THIRD PERSONS

Art. 432. The owner of a thing has no right to prohibit the

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