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Facts :
Issue:
Ratio:
Available actions:
o Accion interdictal – recovery of physical possession
within one year from the time of dispossession.
o Accion publiciana – better right to such possession
brought after lapse of one year.
o Recovery of ownership – action for title
If Mangaron instituted the action interdictal within one year
from dispossession, he would have been restored to the
possession.
o One year period has already elapsed so such summary
action for possession could not be maintained.
But even after the lapse of one year, he still could have
brought an accion publiciana involve the right to possess;
based upon the fact that he, having been in possession for
20 years, could not lose the same until he had been given
opportunity to be heard and had been defeated in an action
in court by another with a better right.
Doubt arises whether accion publiciana is still available from
Article 460 of Civil Code
o Possessor may lose possession:
1. Abandonment
2. Transfer to another for a good or valuable
consideration
3. Destruction or total loss of the thing or by the
thing becoming unmarketable
4. By the possession of another, even against the will
of the former possessor, if the new possession has
lasted more than one year.
o Questions: Which is lost, possession de facto or also
possession de jure? In the first three, both may be lost,
so it would strange if the fourth merely referred to
possession de jure. However, ownership cannot be lost
under the fourth; owner may recover ownership, and is
only barred by statute of limitations.
Evidence that accion publiciana still exists:
o Possession constitutes a right, a right in rem, whenever
it is exercised over real property or property rights
o Where there is a right, there is cause of action
o It is sufficient that the right existing, there should be
an action to protect it. No necessity of any special
declaration in civil code
o It is impossible to conceive that a person has a right
which need not be respected by others, and such
respect cannot be exacted unless the law provides a
remedy for its enforcement
o If a person has a right over any kind of property, such
right would not be complete unless it could be enforced
as against the whole world.
o The action is a recognition of the right; it is a weapon
for its protection
o The right does not arise from the action; but vice versa
o Accion publiciana exists, nor for the sake of equity, but
because it must necessarily exist or can exist as
provided in Article 445.
Action brought by Catholic Church to recover the possession
which was unlawfully deprived by the defendant can be
properly maintained.