Comment on Complaint and Answer of Accion Reivindicatoria

Accion reivndicatoria or accion de reivindicacion is 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.1 The complaint
provided by Group 8 showed that plaintiff claimed that she is the absolute
owner of the disputed land by virtue of their Transfer of Certificates of Title
and prayed that respondent should vacate the land in dispute. However, in
Paragraph 7, to clearly establish her ownership over the land, it would have
been better to aver that plaintiff definitely gave the respondent a notice of her
claim of exclusive and absolute ownership, including her right to possess rather
than merely stating that she returned to Iligan City and decided to sell it.
With regards to the Answer, it is vaguely stated because the respondent
have admitted all the allegations in the complaints and then later provided
affirmative and special defenses. We believe that the defendant should not have
included in his admissions paragraph 6,7, and 8. As to the form of the
complaint and answer, we find that it is sufficient.

Group 5

Al-ag, Shiela B.

Lavandero, Charity Care

Torres, Natajsha Erika

Cali, Mujahid

1
Serdoncillo vs Benolirao, GR. No. 118328, October 8, 1998