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TAKE NOTE:
ARTICLE 427. Ownership may be exercised over things or rights. 1. Recovery of Personal Property
a. Replevin (Rule 60, Rules of Court)
2. Recovery of Personal Property
COMMENT: a. Forcible entry or unlawful detainer (ACCION INTERDICTAL)
Ownership – is the independent and general right of a person to control a b. Plenary Action to Recover Better Right of Possession
thing particularly in his possession, enjoyment, disposition, and recovery, (ACCION PUBLICIANA)
subject to no restrictions except those imposed by the state or private c. Reivindicatory Action (ACCION REIVINDACATORY)
persons, without prejudice to the provisions of the law. 3. Additional:
a. Writ of Preliminary Mandatory Injunction
Kinds of Ownership: b. Writ of Possession
1. Full ownership – this includes all rights of an owner.
2. Naked ownership – where the right to use the fruits has been Replevin
denied. - an action or provisional remedy where the complainant prays for
3. Sole Ownership – vested in only one person. the recovery of the possession of personal property.
4. Co-ownership – vested in two or more owners. - When used? At the commencement of the action, or at any time
Where Question of Ownership Should be Decided before the other party answees.
Generally, be ventilated in an ordinary civil action or proceeding. - What must be shown?
o Applicant is the owner of the property claimed or is entitled
ARTICLE 428. The owner has the right to enjoy and it the possession thereof.
dispose of a thing, without other limitations than those o Property is wrongfully detained by the adverse party.
established by law. o Not placed under cutodia legis or if so seized, that it is
exempt from such seizure of custody.
COMMENT: o Actual market value of the property.
- Applicant must also give a bond, double the amount of the value of
Rights of an Owner: the property. The property seized is not immediately delivered to
1. Right to enjoy the plaintiff. The Writ may be served anywhere in the Philippines.
a. Right to possess (jus possidendi)
b. Right to use (jus utendi) Forcible Entry
c. Right to the fruits (jus fruendi)
2. Right to dispose (jus disponendi)
- Summary action to recover physical possession of real property
when person originally in possession was deprived thereof by
FORCE, INTIMIDATION, THREAT, STRATEGY OR STEALTH.
- May be filed even against the owner of the property.
- Purpose: A party out of possession must respect and resort to the
law alone to obtain what he claims is his.
- What must be shown:
o That the plaintiff was deprived of possession (FISTS)
o That the action is brought within the one year-period.