Civil Law Review Activity

VARGAS, EUNICE K.
Seat work
November 23, 2024
Civil Law Review 1
1. Define the following:
a. accion reivindicatoria
Accion reivindicatoria is an action for the recovery of possession

by virtue of ownership of the land subject of the dispute.
b. accion publiciana
Accion publiciana is an ordinary civil proceeding to determine the

better right of possession of realty independently of title.
c. accion interdictal
Accion interdictal is a summary action for the recovery of actual,

material or de facto physical possession through an action for forcible
entry or unlawful detainer. It must be filed in the Municipal Trial Court or
Metropolitan Trial Court.
2. Differentiate between forcible entry and unlawful detainer.
Forcible entry and unlawful detainer can be differentiated as follows:
1. As to unlawfulness of possession, the possession in forcible entry was

already unlawful from the time of entry while in unlawful detainer, the
possession was initially unlawful but became unlawful or illegal.
2. As to manner of dispossession, the lawful possessor in forcible entry was

deprived through force, intimidation , strategy, threats, and stealth while in
unlawful detainer, the possessor refuses to vacate upon demand by owner
or becomes unlawful upon failure to vacate.
3. As to the period to bring action, an action for forcible entry must be

brought within one (1) year from dispossession in case of force,
intimidation or threat or from the knowledge of dispossession in case of
strategy and stealth. On the other hand, an action for unlawful detainer
shall be brought within one (1) year from last demand to vacate .
3. What are the requisites for quieting of title?
The requisites for quieting of title are the following:

1. Plaintiff has a legal or an equitable title to or interest in the real property
subject of the action and he need not be in possession of said property.
2. There must be a cloud on such title.
3. Such cloud must be due to some instrument, record, claim,
encumbrance or proceeding which is apparently valid or effective but is in
truth invalid, ineffective, voidable or unenforceable, and is prejudicial to the
plaintiff’s title.
4. Differentiate between quieting of title and removing or preventing a cloud.
An action to quiet title can be differentiated from an action to remove

or prevent cloud under the following circumstances:
1. As to purpose, an action to quiet title aims to put an end to vexatious

litigation in respect to the property involved while in an action to remove
cloud on title, the purpose is to procure the cancellation, delivery release of
an instrument, encumbrance, or claim, which constitutes a claim in the
plaintiff’s title, and which may be used to injure or vex him his enjoyment
of his title.
2. As to nature of the action, an action to quiet title is remedial in nature,

involving a present adverse claim while an action to remove cloud on title is
preventive in nature, to remove a cloud which may be used for the future
actions.
3. As to the nature of claims, in action to quiet title, plaintiff asserts own

claim and declares that the claim of the defendant is unfounded and calls
on the defendant to justify his claim on the property that same may be
determined by the court. In an action to remove cloud on title, plaintiff
declared his own claim and title and at the same time indicates the source
and nature of defendant’s claim pointing its defect and prays for the
declaration of its validity.
4. As to whom it is filed against, in an action to quiet title,it is filed against

people who have claims which are more general in nature while an action
to remove cloud of title is filed against the defendant who asserts claims
based on an invalid instrument which is not apparent.
5. What are the requisites of co-ownership?

The requisites of co-ownership are as follows:
1. Plurality of owners;
2. Unity of object, which is an undivided thing or right; and
3. Each co-owner’s right must be limited only to his ideal share of the
physical whole.
6. What are the characteristics of co-ownership?
The characteristics of co-ownership are as follows:

1. There are two (2) or more co-owners.
2. There is single object which is not materially or physically divided and his
ideal share of the whole.
3. There is no mutual representation by the co-owners.
4. It exists for the common enjoyment of the co-owners.
5. It has no distinct legal personality.
6. It is governed first of all by the contract of the parties; otherwise, by
special legal provisions, by the provisions, and in default of such provisions,
by the provisions of Title 3 on Co-ownership.
7. What is the only limitation to co-ownership per the case of Silva v. Lo, G.R.
No. 206667 (2021)?
In the case of Silva vs. Lo, G.r.No. 206667, it was held that each of the
co-owners holds the property pro indiviso and exercises his or her rights with
the entire property, thus, each co-owner may use and enjoy the property with
no other limitation than that he shall not injure the interest of his co-owners.
8. What are the sources of co-ownership? Explain each.
The sources of co-ownership are the following:
1. Law
Co-ownership may arise from those provided by law under the Civil
Code, the New Civil Code or the Condominium act. An example of law
which can be a source of obligation are ownership between a man and a
woman who are not capacitated to marry each other and easement of
party wall.
2. Occupancy
The ownership of two (2) or more persons who have seized a res
nullius thing by harvesting or fishing are governed by co-ownership.
3. Succession
The heirs of an undivided property before partition are co-owners.
4. Contract
Two or more persons may agree in writing or upon meeting of their
mind to establish co-ownership or co-own an undivided property.
5. Fortuitous event or by chance

There is co-ownership between owners of 2 things that are mixed by
chance or by will of the owners. When a hidden treasure is discovered on
the property of another, or of the state or any of its subdivisions, and by
chance, one half shall be allowed to the finder and the other half goes to
the owner of property or of the state.
6. Testamentary disposition or donation inter vivos

When donation is made to several persons jointly, it is understood to
be in equal shares, and there shall be no right of accretion among them
unless the donor provides otherwise.
9. What are the rights of co-ownership? Explain each.
The rights of co-ownership are as follows:

1. Right to share in the benefits as well as the charges;
2. Right to use the thing owned in common;
3. Right to full ownership of his part and of the fruits and benefits pertaining
thereto;
4. Right to bring an action for ejectment;
5. Right to compel other co-owner to contribute to the expenses of
preservation and to the taxes;
6. Right to reimbursement for necessary repairs;
7. Right to oppose alterations; right to partition;
8. Right to redemption; and
9. Right to participate in administration of property owned in common.
10.Distinguish between right to property owned in common and full

ownership over the ideal share insofar as the rights involved and the
limitations.
The right to property owned in common and full ownership over ideal
share are distinguished on the following:
A. As to rights involved, a property owned in common can be used by any

of the co-owners while in full ownership over the ideal share, a co-owner
has the right to alienate, assign, mortgage; and substitute another person in
its enjoyment except when personal rights are involved.
B. As to limitations, the use of the things used in common must be: (1) in
accordance with the purpose for which the co-ownership is intended; (2)
not injure the interest of the co-ownership; (3) not prevent the other co-
owners from using it according to their right. On the other hand, in full
ownership over an ideal share, the rights can only pertain to the co-owners
ideal share prior to partition and the co-owners are free to dispose of their
undivided aliquot shares therein, limited to the portion allotted to them
upon partition. If the sale is of a definite portion of the common property,
the consent of all co-owners is requires because it operates as a partition.
11.Does a sale made before the partition of the property among the coheirs
annul or invalidate the deed of sale? Why or why not?
In a case decided by the Supreme Court, it was held that a sale made
before the partition of the property among the coheirs does not annul or
invalidate the deed of sale. Only the rights of the co-owner or/seller are
transferred, thereby making the buyer a co-owner of the property sold. Hence,
the proper action in such a case is division or partition of the entire property if
it continued to remain in the possession of the co-owners who possessed and
administered it.

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VARGAS, EUNICE K.

Accion reivindicatoria is an action for the recovery of possession

Accion publiciana is an ordinary civil proceeding to determine the

Accion interdictal is a summary action for the recovery of actual,

2. Differentiate between forcible entry and unlawful detainer.

Forcible entry and unlawful detainer can be differentiated as follows:

1. As to unlawfulness of possession, the possession in forcible entry was

2. As to manner of dispossession, the lawful possessor in forcible entry was

3. As to the period to bring action, an action for forcible entry must be

The requisites for quieting of title are the following:

4. Differentiate between quieting of title and removing or preventing a cloud.

An action to quiet title can be differentiated from an action to remove

1. As to purpose, an action to quiet title aims to put an end to vexatious

2. As to nature of the action, an action to quiet title is remedial in nature,

3. As to the nature of claims, in action to quiet title, plaintiff asserts own

4. As to whom it is filed against, in an action to quiet title,it is filed against

5. What are the requisites of co-ownership?

6. What are the characteristics of co-ownership?

The characteristics of co-ownership are as follows:

8. What are the sources of co-ownership? Explain each.

The sources of co-ownership are the following:

5. Fortuitous event or by chance

6. Testamentary disposition or donation inter vivos

9. What are the rights of co-ownership? Explain each.

The rights of co-ownership are as follows:

10.Distinguish between right to property owned in common and full

A. As to rights involved, a property owned in common can be used by any

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