Please enable JavaScript.

Coggle requires JavaScript to display documents.

Property Title VI - Remedies for Protecting Property Rights., Recovery by…

- - - - Bees - owner of a swarm of bees has the right to pursue said swarm onto the land of another.
        
        Indemnify - owner must indemnify the possessor for the damage.
        
        Stop Pursuit - if the owner has not pursued the swarm or has ceased to do so within two consecutive days, the possessor has the right to occupy or retain the swarm.
        
        Domesticated Animals - Owner of domesticated animals may claim them within twenty days. To be counted from their occupation by another person.
        
        Lapse of Period - If the period expires, animal shall pertain to the one who has caught and kept them.
    - - Doctrine of Self Help - Lawful use of force that is reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of property
        
        When Exercised - Can only be exercised at the time of actual, or threatened dispossession; If possession has been lost then resort is judicial process (NCC 536)
        
        Who may Exercise - Can be invoked by owners and lawful posessors
      - 430 - Right to Enclose or Fence - Fencing equivalent to giving notice to everybody that they are not welcome, no entering without consent of owner. Thus, entering into fence areas equivalent to unauthorized intrusion which can enable self-help doctrine.
        
        Good Faith - Must be exercised in good faith e.g. if fence area to evict, then owner is liable for damages.
        
        Servitudes - Right to enclose should also not work detriment to the servitude (easement) constituted on the fenced in property; For example NCC 637 owners of lower estates obliged to receive waters from higher estates (drainage). Such owners cant fence property in such a way as to prevent this.
  - - - 3. Accion Publiciana
        
        4. Accion Reinvindicatoria
        
        5. Replevin
        
        6. Annulment of title
        
        7. Reconveyance
        
        8. Quieting of Title (476-481)
        
        3 more items...
        
        When filed - Usually a joint action. Used to assail the ownership and registration of the subject property, not the contract which allowed the adverse party to obtain the title. This is done by claiming that title is void.
        
        2 more items...
        
        Can be Quasi In Rem - If filed against a person who cannot be served summons
        
        Definition - Claim of movable property that was unlawfully taken or detained.
        
        Against Whom - can only be directed against persons without lawful possession of the thing. If lawful possessor, writ of replevin will not be available.
        
        Prescription - Actions to recover movables prescribe in eight years, from the time the possession was lost. Unless, the possessor has acquired ownership by prescription for a less period. (1140)
        
        2 more items...
        
        Recovery of Immmovables
        
        Accion Publiciana
        
        Recovery of right to possess ; action to determine the better right of possession. Action to determine right to possession (Publiciana) as opposed action to recover mere physical possession (Interdictal)
        
        Applies when the action for ejectment/recovery of possession is filed more than one year after the possession has become illegal.
        
        Jus Possessionis - Acquired when a person possesses in the concept of an owner. (Public, Peaceful, Etc.)
        
        Accion Reinvidicatoria
        
        Suit to recover possession by alleging ownership. Deals with Jus possidendi whereas publiciana deals with jus possessionis
        
        Here, plaintiff has been deprived of all rights included in ownership seeks recovery of said rights by establishing ownership.
        
        Where Filed - Both actions are filed before RTC + available any time.
        
        When with the MTC - IF the assessed value of the realty involved did not exceed ₱20,000.00, or, if the realty involved was in Metro Manila, such value did not exceed ₱50,000.00
        
        Prescription -
        
        GR - Real Actions over immovables prescribed after 30 years. This refers to the period for extraordinary prescription.
        
        Generally, an action to recovery of title to or possession of can only be brought within ten years after the cause of action accrues. (1141) & De Leon
        
        XCPN (Aledro-Runa v. Lead Export Corp) - An action by the registered owner to recover a real property registered under the Torrens System does not prescribe
      - Accion Interdictal
        
        Unlawful Detainer (desahuico) - When a lessor vendor, vendee or any other person against whom the possession of any land or building is unlawfully withheld after the expiration or termination of the right to hold possession obtained by virtue of any contract.
        
        Here, possession become unlawful by termination of right to possession.
        
        Forcible Entry (detentaction) - Summary action, applies when the possessor was deprived of the same via force, intimidation, threat strategy, or stealth.
        
        Here, possession unlawful at the start.
        
        Injunction - possessors of a property has a right to file a complaint for forcible entry, regardless if they are legal or illegal possessors. (German Management v. CA, 177 S 495)
        
        Conciliation Proceedings - An action for ejectment falls under the authority of the Lupon. Thus, need for mandatory conciliation as a pre-condition for filing of a complaint.
        
        When Filed -
        
        GR - Both actions must be brought within one year; from date of actual entry if forcible entry, and one year from date of last demand in case of unlawful detainer.
        
        XCPN - In FE, if it was through stealth, If forcible entry is done through stealth, the period is counted from the time the plaintiff discovered the entry
        
        Where Filed - Must be filed before the MTC where the immovable is located.
        
        Definition - In accion interdictal, pronouncements of ownership are made only for the purposes of determining right of possession. Any rulings on ownership are therefore not conclusive and future actions may be raised concerning title to the subject properties.
        
        Accion Interdictal is limited to the question of possession de facto or physical possession.
        
        Requisites - person must be deprived of possession by: force, intimidation, threat, strategy, or stealth OR unlawful detainer. (ROC Rule 70 Sec. 1)
        
        In Personam
        
        Prescriptive Periods
        
        FE -
        
        GR - 1-year prescriptive period is reckoned from the date of actual entry on the land
        
        EXC if forcible entry is done through stealth, the period is counted from the time the plaintiff discovered the entry
        
        UD - counted from the date of the last demand to vacate.
    - - 1. Periods
        
        2. Interruption (1155)
        
        When Interrupted - Prescription of actions is interrupted when:
        
        They are filed before the court;
        
        When there is a written extrajudicial demand by the creditors; and
        
        When there is any written acknowledgment of the debt by the debtor.
        
        Modes of Interruption
        
        Natural Interruption - any natural cause that interrupts possession for more than one year(NCC 1121)
        
        Civil Interruption - can refer to either acquisitive or extinctive prescription.
        
        Acquisitive - From the date judicial summons are received.
        
        Extinctive -
        
        From the time action is filed in court |
        
        When extrajudicial demand by creditors is received |
        
        When there is written acknowledgment of debt by debtor. (1155)
        
        Reconveyance - If to enforce an implied trust, prescribes in (10) years. From the date of registration of the deed or the date of the issuance of the title over the property. (Vda De Cabrera v. CA)
        
        Movables -
        
        (8) years if bad faith |
        
        Without prejudice to acqusition of ownership by prescription in good faith (4) years.
        
        Immovables - (30) years, without prejudice to acquisition of ownership by prescription for a lesser period.
        
        Mortgage - (10) years.
        
        Actions based on written contract, obligation created by law or upon a judgment - (10) years from the date the right of action accrues.
        
        Oral/Quasi-Contract - (6) Years
        
        Injury to rights of Plaintiff/Quasi-delict - (4) years UNLESS from powers/authority arising from Martial Law (1) year
        
        Detainer, Defamation - (1) Year
        
        1 more item...
        
        Exception - If filed by person in possession, acting is treated as quieting of title and is imprescriptible.
      - D. Real v. Personal Action - To determine the jurisdiction for the subject matter of the complaint
        
        E. Action in rem, in personam, quasi in rem - Relevant to determine if jurisdiction over the person of the defendant is required as this determines the type of summons to be employed.
        
        ex. in personam requires jurisdiction over person thus, summons needed.
        
        But in rem no need for jurisdiction over the person thus no summons needed.
        
        Action in Personam - Action against a person on the basis of their personal liability.
        
        Action in Rem - an action against the thing itself.
        
        Quasi in Rem - An individual is a defendant, conclusive only between the parties. Generally, purpose is to subject the interests of the defendant to an obligation or loan burdening the property. Deals with the status, ownership or liability of a particular property but only as between the particular parties to the proceedings. e.g. Accion Interdictal
        
        Definition - A proceeding quasi in rem is one brought against persons seeking to subject the property of such persons to the discharge of the claims assailed.
        
        In an action quasi in rem, an individual is names as defendant and the purpose of the proceeding is to subject his interests therein to the obligation or loan burdening the property. In an action quasi in rem, an individual is named as defendant.
        
        But, unlike suits in rem, a quasi in rem judgment is conclusive only between the parties
        
        3 more items...
        
        Definition - Actions in rem are actions against the thing itself. They are binding upon the whole world. The phrase, "against the thing," to describe in rem actions is a metaphor. It is not the "thing" that is the party to an in rem action; only legal or natural persons may be parties even in in rem actions
        
        Examples - a petition for adoption, correction of entries in the birth certificate; or annulment of marriage; nullity of marriage; petition to establish illegitimate filiation; registration of land under the Torres system; and forfeiture proceedings.
        
        Definition - An action in personam is a proceeding to enforce personal rights and obligations brought against the person and is based on the jurisdiction of the person, although it may involve his right to, or the exercise of ownership of, specific property, or seek to compel him to control or dispose of it in accordance with the mandate of the court, some responsibility or liability directly upon the person of the defendant (Frias v. Alcayde)
        
        Examples - action for collection of sum of money and damages; action for unlawful detainer or forcibly entry; action for specific performance; action to enforce a foreign judgment in a complaint for a breach of contract.
        
        Real Actions - Actions affecting title to or, possession of real property or interest therein ROC Rule 4 Sec. 1
        
        Personal Action - All other actions that do not affect title to or possession of real property or interest. ROC Rule 4 Sec. 2
        
        Possession - Extends to possession and other real rights.
        
        Explanation - An action "involving title to real property" means that the plaintiff's cause of action is based on a claim that he owns such property or that he has the legal rights to have exclusive control, possession, enjoyment, or disposition of the same
        
        As Differentiated from Certificate of Title - Certificate of title is document of ownership. Title is the claim, right or interest in the real property that the certificate is evidence for. (Heirs of Sebe v. Heirs of Sevilla)
        
        Test for Venue - In civil actions, the venue is determined by the nature of the action to be filed. If against real property or interest, then real action. This is determined by the nature of the principal action/remedy sought.
        
        Venue: (a) Real action - in the province where the property or any part of it resides in. (b) Personal action - where the defendant or any of the defendants resides in or may be found or where the plaintiff resides.
        
        Regional Trial Court - (BP 129)
        
        "(1) Pecuniary Estimation - In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;
        
        "(2) Title to Property - In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000,00) or, for civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;
        
        First-Level Courts -
        
        Real Actions
        
        Accion Interdictal - Either Forcible Entry or Unlawful Detainer
        
        Real Actions - where assessed value of property is 20k or less OR if Manila, P50k or less. Exclusive of interest, damages and other fees.
        
        1 more item...
        
        Pecuniary Estimation - Civil actions where the subject of the litigation is capable of pecuniary estimation i.e. money claims.
        
        Personal Property -
        
        Not Exceeding P300k outside of Metro Manila
        
        If within Metro Manila - P400k in order for the RTC to acquire jurisdiction. (RA 7961)
        
        Pecuniary Estimation - If the principal action is for the recovery of a sum of money then jurisdiction is determined by the amount sought to be recovered. But, if recovery of money is only incidental to the principal remedy then jurisdiction rests with the Regional Trial Courts. (Russell & Tauthos v. Tagalog)
        
        Incapable of Pecuniary Estimation -
        
        Actions for specific performance;
        
        Actions for support which will require the determination of the civil status;
        
        The right to support of the plaintiff;
        
        Those for the annulment of decisions of lower courts;
        
        Those for the rescission or reformation of contracts;
        
        Interpretation of a contractual stipulation. (Heirs of bautista v. Lindo)
      - There are two kinds of prescription provided in the Civil Code.
        
        Acquisitive, - he acquisition of a right by the lapse of time; the other is
        
        Extinctive - , whereby rights and actions are lost by the lapse of time.
- - - - Civil law theory
      - Main Prayer - Q. of W/N if character of the action is determined by the main prayer or automatically made real if it affects any real property or interest
    - - Common law theory
  - - - PH follows this
      - Implied Consent - Residence implies consent to be bound by the forum. Comity between states.
    - - Quasi In Rem - Bound by judgment insofar as a particular judgment and property only.
    - - Long Arm Jurisdiction - So long as there is minimum points of contact between the resident/property of resident the forum acquires jurisdiction.
        
        Due Process - So long as due process is followed, binding upon anyone anywhere.
        
        Test - So long as any reasonable man has cause to believe that they could be sued in the forum, the minimum points of contact test is satisfied.
- - - - Lack or insufficiency of title on the part of the defendant does not automatically entitle the plaintiff to recovery, instead claim of ownership must be supported by evidence of title.
        
        Original Certificate of title is conclusive evidence of ownership; overrules all other documents and cannot be subject of a collateral attack.
        
        However, if a person or entity obtains a title which includes by mistake or oversight land which cannot be registered or land that the buyer has no legal right to, the same title can be cancelled.
        
        Documents such as tax declarations are at most prima facie proof of ownership or possession for which taxes have been paid.
    - - Rule is that he who claims to have a better right to the property must clearly show that the land possessed by the other party is the very land that belongs to them.
      - Identifying boundaries critical as they are what defines a piece of land. Boundaries can either be (1) Artificial or; (2) Natural..
        
        Artificial - Concrete monuments established by Bureau of lands or, property of neighbors.
        
        Natural - permanent landmarks established by nature. (Must be clear and convincing i.e. clearly segregates one property from another)
        
        General rule - if there is a conflict between the area and the boundaries of a land, boundaries prevail.
        
        Exception - Area is followed if the boundaries given are insufficient and unclear to identify the land clearly proved by the area.