OWNERSHIP FORCIBLE ENTRY
- Summary action to recover material or
OWNERSHIP IN GENERAL
Art. 427. Ownership may be exercised over
things or rights. (n)
OWNERSHIP
- Independent and general right of a p
erson to control a thing particularly in
his possession, enjoyment, disposition
and recovery, subject to no restrictions
except those imposed by the state or
private persons, without prejudice to the
provisions of the law
KINDS OF OWNERSHIP
1. Full ownershipall rights of an owner
2. Naked ownershipownership where the
right to the use and the fruits have been
denied
3. Sole ownershipownership is only vested in
one person
4. Co-ownership
Art. 428. The owner has the right to enjoy
and dispose of a thing, without other
limitations than those established by law.
The owner has also a right of action ag
ainst the holder and possessor of the thing
in order to recover it. (348a)
7 RIGHTS OF AN OWNER UNDER ROMAN
LAW
1. Jus possidendi -The right to possess
2. Jus utendi -The right to use
3. Jus fruendi -The right to the fruits
4. Jus abutendi -The right to consume
5. Jus disponendi -The right to dispose
6. Jus vindicandi -The right to recover
7. Jus accessiones -The right to accessories
ACTIONS TO RECOVER
1. Replevin
2. Accion interdictalforcible entry and
unlawful detainer
3. Accion publiciana
4. Accion reinvidicatoria
5. Writ of possession | writ of demolition
6. Writ of preliminary injunction
REPLEVIN
- An action or provisional remedy where
the complainant prays for the recovery of
the possession of PERSONAL
PROPERTY
physical possession of real
property when a person originally in
possession was deprived thereof by
force, intimidation, strategy, threat or
stealth(FISTS)
- Action must be brought within 1 year from
the dispossession
- Issue involved is mere physical
possession or possession de facto and
not juridical possession nor ownership
UNLAWFUL DETAINER
- Action that must be brought when th
e possession by a landlord,
vendor, vendee or other person of a
ny land or building is being unlawfully
withheld after the expiration or
termination of the right to hold
possession, by virtue of any contract,
express or implied
- Action must be brought within one year
from last demand letter
ACCION PUBLICIANA
- Recovery of the better right to possess,
and is a plenary action in an ordinary civil
proceeding before the RTC
- Must be brought within a period of 10
years otherwise the real right to
possess is lost
- Issue is possession de jure
ACCION REINVIDICATORIA
- Action to recover ownership over real
property
- Must be brought in the RTC
- It must be brought within 10 or 30 years
as the case may be
- Issue involved is ownership and for this
purpose, evidence of title or mode may
be introduced
- It is permissible to file both an action
for ownership and for detainer over
the same land, and between the sa
me parties, because the issues involved
are different
WRIT OF INJUNCTION
- A person deprived of his possession of
real or personal property is ordinarily not
allowed to avail himself of this remedy,
the reason being that the defendant in
actual possession is presumed
disputably to have the better right
WRIT OF POSSESSION
 - Used in connection with the Land Re
gistration Law is an order
directing the sheriff to place a -
successful registrant under the Torrens
system in possession of the property
covered by a decree of the Court
OWNERSHIP HAS LIMITATIONS
1. Those given by the State or the laws
2. Those given by the owner himself
3. Those given by the person who gave the
right to its present owner
Art. 429. The owner or lawful possessor of a
thing has the right to exclude any
person from the enjoyment and disposal
thereof. For this purpose, he may use such
force as may be reasonably necessary
to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his
property. (n)
DOCTRINE OF SELF-HELP
- The right to counter force with force
- Comparable with self- defense under
justifying circumstances in Criminal Law
Art. 430. Every owner may enclose or fence his
land or tenements by means of walls, ditches,
live or dead hedges, or by any other means
without detriment to servitudes constituted
thereon. (388)
Art. 431. The owner of a thing cannot mak
e use thereof in such manner as to injure the
rights of a third person. (n)
NO INJURY TO RIGHTS OF THIRD
PERSONS
- This is one of the fundamental bases
of police power and constitutes a just
restriction on the right of ownership
Art. 432. The owner of a thing has no right
to prohibit the interference of another with the
same, if the interference is necessary to
avert an imminent danger and the
threatened damage, compared to the damage
arising to the owner from the interference,
is much greater. The owner may demand
from the person benefited indemnity for the
damage to him. (n)
STATE OF NECESSITY
- ANALOGOUS TO THE RULE UNDER
CRIMINAL LAW
Any person who, in order to avoid an
evil or injury, does an act which
causes damage to another doesn't incur
criminal liability provided that the
following requisites are present:
A. That the evil sought to be avoided
actually exists
B. That the injury feared be greater than
that done to avoid it
C. That there be no other practical or
less harmful means of preventing
it
Art. 433. Actual possession under claim of
ownership raises disputable presumption of
ownership. The true owner must resort to
judicial process for the recovery of the property.
(n)
REQUIREMENTS TO HAVE DISPUTABLE
PRESUMPTION
1. Actual possession of the property
2. Claim of ownership
Art. 434. In an action to recover, 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. (n)
REQUISITES IN AN ACTION TO
RECOVER
1. Identity of the property
2. Strength of the plaintiffs title
Art. 435. No person shall be deprived of
his property except by competent authority
and for public use and always upon payment
of just compensation.
Should this requirement be not first complied
with, the courts shall protect and, in a proper
case, restore the owner in his possession.
(349a)
EMINENT DOMAIN V. EXPROPRIATION
- Eminent domain is the power of the state
and expropriation is the proceeding
Art. 436. When any property is condemned or
seized by competent authority in the
interest of
health, safety or security, the owner thereof
shall not be entitled to compensation, unless he
can show that such condemnation or seizure is
unjustified. (n)
Art. 437. The owner of a parcel of land is the
owner of its surface and of everything under it,
and he can construct thereon any works
or make any plantations and excavations w
hich he may deem proper, without detriment
to servitudes and subject to special laws
and ordinances. He cannot complain of the
reasonable requirements of aerial navigation.
(350a)

SURFACE RIGHT OF A LAND OWNER

Art. 438. Hidden treasure belongs to the o

wner of the land, building, or other property on
which it is found.

Nevertheless, when the discovery is made

on the property of another, or of the State or
any of its subdivisions, and by chance, one-
half thereof shall be allowed to the finder. If
the finder is a trespasser, he shall not be
entitled to any share of the treasure.

If the things found be of interest to science

of the arts, the State may acquire them at
their just price, which shall be divided in
conformity with the rule stated. (351a)

Art. 439. By treasure is understood, for legal

purposes, any hidden and unknown deposit of
money, jewelry, or other precious objects, the
lawful ownership of which does not appear.
(352)

RULES REGARDING HIDDEN

TREASURES
1. If the treasure is not hidden, there is no 50-
50 sharing
2. If the precious metals are in their raw state,
it will be owned by the State by virtue of the
Regalian doctrine
3. If the owner finds the treasure in his own
land, he owns the treasure
4. If finder finds it not in his own land, there is
50-50 sharing with the owner of the land
5. If the finder is hired, then compensation or
salary or fixed fee will be given to him
6. If the finder is a trespasser, then he would
not receive anything

2 SCHOOLS OF THOUGHT REGARDING

BY CHANCE
1. If there is deliberate search, it is not to
be construed as by chance
2. Even if there is a deliberate search, still by
chance since there is uncertainty of finding
a treasure