Civil La La w Sum Sum m er Rev Rev iew er ATENEO CENTRAL BAR OPERATIONS 2007
REPLEVIN Definition
Where to file
Issue involved
action or provisional remedy where the complainant prays for the recovery of the possession of the personal property * NOT APPLICABLE TO (a) movables distrained or taken for a tax assessment or fine pursuant to law (b) those under a writ of execution or preliminary attachment (c) those under custodia legis MTC or RTC depending on the amount of money involved Recovery of possession of personal property
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Type of Action Prescription
Others
in Personam
Steps: i. complaint is filed at commencement or
FORCIBLE ENTRY
UNLAWFUL DETAINER
ACCION PUBLICIANA
Summary action to recover material or physical possession of real property when a person originally in possession was deprived thereof by FISTS Force, Intimidation, Strategy, Threat, or Stealth
Action brought when possession by a landlord, vendor or vendee or other person of any land or building is being unlawfully withheld after the termination or expiration of the right to hold possession, by virtue of a contract, express or implied
It is the preliminary action to recover a better right to possess
MTC
MTC
RTC
Material or physical possession of real property Possession de facto
Material or physical possession of real property Possession de facto
Quasi in Rem 1 year from dispossession FIT – from dispossession SS – from discovery
Quasi in Rem 1 year from the time the possession became unlawful – last date of demand or letter of demand
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May be brought against the owner in some cases
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If there’s a fixed period – 1 year from the
Better right of possession of real property. Possession de jure Quasi in Rem 10 years
2 kinds a) Possession not
ACCION REINVINDICATORIA
Action to recover ownership of real property
RTC
Ownership of real property
Quasi in Rem 10 or 30 years depending on whether it’s ordinary or extraordinary prescription •
Accion reinvindicatoria can be filed
Civil La w Sum m er Rev iew er ATENEO CENTRAL BAR OPERATIONS 2007
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at any time before answer of other party complaint should allege OWTA (owner, wrongfully taken, taken against law) pay bond double the amount of property sheriff takes property doors broken if necessary
Defendant’s remedy: 1) File a bond double the amount, and 2) Give copy to plaintiff Stranger’s remedy – File a 3rd party claim
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such as lease Complaint must state FISTS or else it would just be an accion publiciana which should be filed with the RTC
expiration of the lease If the reason is non-payment of rent or nonfulfillment of the conditions of the lease – 1 year from the demand to vacate Complaint filed 5 days after demand (buildings) or 15 days (land Refers to any kind of land It should be alleged that the right to possess had been terminated and that the continued possession was unlawful Not the remedy if what is sought is specific performance Demand Necessary - if there is a breach Not necessary – if the fixed period just expires •
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through FISTS - can be filed immediately b) 1 year period for FE or UD has Elapsed
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simultaneously with FE Judgment of ownership usually includes the right of possession Should remember Article 434. In an action to recover ownership, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant’s claim
Civil La w Sum m er Rev iew er ATENEO CENTRAL BAR OPERATIONS 2007
ACCESSION
Accession Discreta
Natural Fruits
Industrial Fruits
Accession Continua
Real
Civil Fruits
Accession Industrial
Spontaneous products of the soil Young and other products of animals
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rents of buildings price of leases of land & other property amount of perpetual or life annuities or other similar income
Building Planting Sowing
Accession Natural
Alluvium Avulsion Change of course of rivers Formation of islands
Personal
Adjunction/ Specification Conjunction n
(ISTEP) Inclusion or engraftment Soldadura or soldering Tejido or weaving Escritura or writing Pintura or Painting
