Distinction of Actions For Recovery of Property

DISTINCTIONS BETWEEN ACTIONS FOR RECOVERY OF REAL PROPERTIES
I. Forcible Entry vs Unlawful Detainer
FORCIBLE ENTRY (FE) UNLAWFUL DETAINER (UD)

Summary action to recover material or Action that must be brought when
physical possession of real property 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.
Possession of the defendant is unlawful Possession is lawful at the beginning but
from the beginning as he acquired becomes illegal from the time defendant
possession by force, intimidation, threats unlawfully withholds possession after the
or stealth (FISTS). expiration or termination of his right
thereto.
No previous demand for the defendant to Demand is jurisdictional if the ground is
vacate the property in question is non-payment of rentals or failure to
necessary. comply with the lease contract.
Plaintiff must prove that he was in prior Plaintiff need not have prior physical
physical possession of the property in possession.
question until he deprived thereof by the
defendant.
One-year period within which to file the One-year period within which to file the
action to the court is counted from the date action to the court is counted from the date
of dispossession. In case of strategy or of expiration of contract, if there is any, or
stealth, one year period starts from the from the date of last demand.
time of discovery of such strategy or
stealth.
II. Accion Publiciana vs Accion Interdictal
ACCION PUBLICIANA ACCION INTERDICTAL (UD & FE)

Plenary action in an ordinary civil Summary action which seeks to resolve
proceeding which is intended for the who among the parties has the right to the
recovery of the better right to possess physical possession of the property in
question.
Jurisdiction lies in the Regional Trial Jurisdiction lies in the proper first level
Courts. courts (MTC, MCTC, MTCC, MeTC).
Action must be brought within a period of Action must be brought within one year
ten years after the expiration of one year from the date of actual entry on the land, in
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from accrual of cause of action or from the case of forcible entry, and from the date of
unlawful withholding of possession of the last demand, in case of unlawful detainer.
property or under the circumstance in
which the entry was not obtained through
FISTS. Otherwise, the real right of
possession is lost
What is involved here is possession de jure Concerned with possession de facto
or that which is in accordance to law.
III. Accion Reivindicatoria vs Accion Publiciana vs Accion Interdictal
ACCION REIVINDICATORIA ACCION PUBLICIANA ACCION INTERDICTAL

(UD & FE)
Action to recover ownership Plenary action in an Summary action which
over real property ordinary civil proceeding seeks to resolve who
(reivindicatory action). which is intended for the among the parties has the
recovery of the better right right to the physical
to possess possession of the property
in question.
Action must be filed before Jurisdiction lies in the Jurisdiction is vested in the
the RTCs where the real Regional Trial Courts. proper first level courts
estate is situated. (MTC, MCTC, MTCC, MeTC).
Action must be brought Action must be brought Action must be brought
within: within a period of ten years within one year from the
a. 10 years if possession of after the expiration of one date of actual entry on the
property is with good faith year from accrual of cause land, in case of forcible
and just title (ordinary of action or from the entry, and from the date of
prescription) unlawful withholding of last demand, in case of
b. 30 years if possession was possession of the property unlawful detainer.
uninterrupted and adverse or under the circumstance
without the need of title or of in which the entry was not
good faith (extraordinary obtained through FISTS.
prescription)
Court seeks to resolve the What is involved here is Concerned with possession
question of ownership of the possession de jure or that de facto (material or
realty involved. Hence, which is in accordance to physical possession)
evidence of title or mode law.
may be introduced.
All actions involve real property and are actions in personam and are therefore binding
only upon the parties and privies thereto.
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Distinction of Actions For Recovery of Property

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DISTINCTIONS BETWEEN ACTIONS FOR RECOVERY OF REAL PROPERTIES

I. Forcible Entry vs Unlawful Detainer

FORCIBLE ENTRY (FE) UNLAWFUL DETAINER (UD)

II. Accion Publiciana vs Accion Interdictal

ACCION PUBLICIANA ACCION INTERDICTAL (UD & FE)

III. Accion Reivindicatoria vs Accion Publiciana vs Accion Interdictal

ACCION REIVINDICATORIA ACCION PUBLICIANA ACCION INTERDICTAL

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