A. Non Judicial Remedies (429-430 & 716)

1. Self Help - Arises from the right of the owner to exclude others. Can be availed by either the owner or the lawful possessor. (429)

2. Hot Pursuit (716)

B. Judicial Remedies

1- 2. Accion Interdictal

3. Accion Publiciana

5. Replevin

6. Annulment of title

7. Reconveyance

8. Quieting of Title (476-481)

9. Specific Performance/Rescission

10. Injunction

C. Extinctive Prescription

1. Periods

2. Interruption (1155)

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.

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)

Accion Reinvidicatoria

Suit to recover possession by alleging ownership. Deals with Jus possidendi whereas publiciana deals with jus possessionis

Where Filed - Both actions are filed before RTC + available any time.

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.

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.

When Filed -

1. 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.
2. 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.

Definition - Claim of movable property that was unlawfully taken or detained.

Requisites for Recovery (434)

(1) Identify the Property

(2) Prove right of Ownership (Prove title)

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.

Must fix the identity of the land claimed by describing the location, areas and boundaries.

Identifying boundaries critical as they are what defines a piece of land. Boundaries can either be (1) Artificial or; (2) Natural..

General rule - if there is a conflict between the area and the boundaries of a land, boundaries prevail.

Actual possession creates a disputable presumption of ownership. (NCC 433)

Accion Interdictal is limited to the question of possession de facto or physical possession.

Origin - Because ownership grants exclusive enjoyment and control of property, it follows that there is a right to exclude others from the enjoyment of a property.

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

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.

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.

Domesticated Animals - Owner of domesticated animals may claim them within twenty days. To be counted from their occupation by another person.

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)

Prescription Period - Good Faith (4) years | Bad Faith (8) years (1132)

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.

Prescription - 10 years from the issuance of the Torrens title. If the action is based on actual or implied trust.(1144)

Exception - when the person filing is in possession of the property, upon which there can be no prescription.

Fraud - if the action is based on fraud, it prescribes in (4) years from the discovery of fraud. Registration of title is constructive notice so discovery is counted from the date of the issuance of the title.

Concept - to provide for adjudication that a claim of title to or an interest in property adverse to that of the complainant is invalid. So that they may be forever free from hostile claims.

Cloud v. Quieting - In common law, an action to remove a cloud on title requires a specific adverse claim. In contrast, an action to quiet title need not concern a specific adverse claim.

Definition - Generally, refers to (a) Semblance of title, either legal/equitable (b) A claim or a right in real property appearing in legal form but which is in fact, invalid,ineffective,voidable or unenforceable or which would be inequitable to enforce.

Quasi In rem - Because it is against a person, but with respect to a thing (res) where the decree does not extend beyond the property in controversy.

Prescription - If plaintiff is in possession, no prescription. If not in possession, subject to prescriptive periods in accion publiciana and reinvindicatoria.

Requisites for Existence of a Cloud -
(1) There is an instrument, record, claim, encumbrance or proceeding which is apparently valid or effective
(2) Such instrument in truth and in fact, invalid, ineffective, voidable, or unenforceable OR has been extinguished, terminated, or barred by extinctive prescription
(3) Such instrument may be prejudicial to said title

Requisites for an Action to Quiet Title-
(1) plaintiff or complainant has a legal or an equitable title, or interest, in the real property
(2) deed, claim, or proceeding claimed to be casting cloud on his title must be shown to be, in fact, invalid or inoperative despite its prima facie appearance of validity or legal efficacy

Recovery - Injunction is not the proper remedy for recovery of possession. Instead, method to enforce right of possession/ownership by restraining the respondent from further acts of trespass and illegal interference.

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)

Real Actions - Actions affecting title to or, possession of real property or interest therein ROC Rule 4 Sec. 1

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

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 -

1. (8) years if bad faith |
2. 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.

Actions based on written contract, obligation created by law or upon a judgment - (10) years from the date the right of action accrues.

Injury to rights of Plaintiff/Quasi-delict - (4) years UNLESS from powers/authority arising from Martial Law (1) year

Land Registration Cases - Execution or revival of Land registration cases cannot be barred by prescription nor laches. (Republic v. Lourdes Nilla)

Ratio - because they are governed by Rule 39 of PD 1529 (land reg act). Is not an ordinary civil action. Intent of land registration is to establish ownership bya person of a parcel of land. Upon termination, ministerial duty on the court to order the issuance of a decree of registration.

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.

Possession - Extends to possession and other real rights.

Regional Trial Court - (BP 129)

First-Level Courts -

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)

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

Real Actions

Real Actions - where assessed value of property is 20k or less OR if Manila, P50k or less. Exclusive of interest, damages and other fees.

When Interrupted - Prescription of actions is interrupted when:

1. They are filed before the court;
2. When there is a written extrajudicial demand by the creditors; and
3. When there is any written acknowledgment of the debt by the debtor.
   

Civil Interruption - can refer to either acquisitive or extinctive prescription.

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)

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

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

If actual Possessor - if the person filing for title is the owner and actual possessor the proper action is for quieting of title. Subject to estoppel by laches.

Theoretical Basis

Jurisdiction in relation to prayer

Rights - Nature of remedy is determined by the rights affected. e.g. annulment with possession is a real action because it affects real rights.

Prayer - Nature of rights i.e. real/personal determined by nature of the remedy prayed for. e.g. Real rights because it affects real

Long Arm Jurisdiction

Pennoyer Doctrine - In order for an action to be binding against a person, at the very least they must be a resident of the forum (Philippines)

Importance of Distinction - In rem/Personam to determine the binding effect of the decision as to the parties to the case. Affects mode of service of summons.

Shaffer Doctrine - Adopted the minimum points of contact.

Long Arm Jurisdiction - So long as there is minimum points of contact between the resident/property of resident the forum acquires jurisdiction.

Where Filed - Either MTC or RTC, depending on value.