EMBOY VS SUAREZIndeed the reg. owner of real property is entitled to its possession.

However, he cannot simply

wrest possession thereof from whoever is in actual possession of the prop. He must resort to proper judicial remedy.
3 Kinds of Actions to recover property:

real

1. Accion interdictal
2. A. publiciana
3. A. reivindicatoria/reinvidicatoria
1) Interdictal- comprises 2 distinct causes of action, namely, FORCIBLE ENTRY (DETENTACION) and UNLAWFUL
DETAINER (DESAHUICO)
(included here are decisions in other cases)
FORCIBLE ENTRY
One is deprived of phy. Poss. By FISTS (force, intimid.,
stealth, threat, strategy)
What to allege in the INFO:
1. That he(plaintiff) was in prior poss.
2. Defendant acquired poss. by fists
Issue
Which party has PRIOR de facto possession
(what is important is prior possession, not ownership!
FOR EVEN IF A PERSON SUCCEEDS IN PROVING HE IS THE
OWNER, BUT HAD NOT PROVEN PRIOR POSS., THE DEF. IS
ENTITLED TO REMAIN IN THE PROP jurisprudence)
Remedy sought:
Recover possession
MTC
Does not need demand
Must be filed within 1 yr from actual entry (or when
steath/strategy was known?)
ITS DETERMINATION ON THE OWNERSHIP ISSUE IS NOT
CONCLUSIVE, IF SUCH ISSUE IS TOUCHED AT ALL
jurisprud.

UNLAWFUL DETAINER
One illegally withholds possession after
termination/expiration of his right to posses
1. How the defendant was allowed by plaintiff to
occupy the prop
2. When and how the posse.became illegal
Issue
Illegal possession due to the termination of right

Recover possession
MTC
NEEDS DEMAND!
Within 1 yr from date of last demand
ITS DETERMINATION ON THE OWNERSHIP ISSUE IS NOT
CONCLUSIVE, IF SUCH ISSUE IS TOUCHED AT ALL jurisprud.

*DISMISSAL DUE TO LACK OF JURISD. AS THE COMPLAINT FAILS TO STATE THE ALLEGATIONS NEEDED TO
CONSTITUTE EITHER FORC.ENTRY OR DETAINER DOES NOT PREJUD. FILING OF REINVID. OR PUBLICIANA.
-jurisprudence
*FINALITY OF JUDGMENT ON AN ACCION INTERDICTAL DOES NOT CONSTITUTE AS RES JUDICATA TO ACCION
PUBLICIANA/ REIVINDICATORIA. jurisprud.
2.) ACCION PUBLICIANA Plenary action to recover right of possession which should be brought in the proper
RTC, when dispossession has lasted more than 1 yr.
-intends to recover RIGHT OF POSSESSION.
-AN OWNERS RIGHT TO EJECT ANY PERSON ILLEGALLY OCCUPYING HIS PROP IS IMPRESCRIPTIBLE.
JURISPRUDENCE
-THUS ACCION PUBLICIANA CAN BE FILED ANYTIME.

3.) REIVINDICATORIA - involves not only possession but also ownership. Plaintiff alleges ownership & prays for
recovery of possession. Must prove:
a. identity of prop
b. his title to it
*true owners therefore who had no prior possession of the prop should better file publiciana or reivindicatoria
and not forcible entry.
WRIT OF POSSESSION IN AN EXTRA JUD. FORECLOSURE
- May be issued EXCEPT when there is a 3rd party in possession of the prop., claiming an adverse right to that
of the debtor/mortgagor.
The purchaser in such foreclosure must bring an appropriate judicial action for its phy.recovery such as
ejectment suit or reivindicatory action. jurisprud.