Accion Publiciana: its nature and purpose

Also known as accion plenaria de posesion, accion publiciana is an ordinary civil

proceeding to determine the better right of possession of realty independently of
title. It refers to an ejectment suit filed after the expiration of one year from
the accrual of the cause of action or from the unlawful withholding of possession
of the realty. - G.R. No. 204626, June 9, 2014

Accion interdictal comprises two distinct causes of action, namely, forcible entry
(detentacion) and unlawful detainer (desahuico) [sic]. In forcible entry, one is
deprived of physical possession of real property by means of force, intimidation,
strategy, threats, or stealth whereas in unlawful detainer, one illegally withholds
possession after the expiration or termination of his right to hold possession
under any contract, express or implied. The two are distinguished from each other
in that in forcible entry, the possession of the defendant is illegal from the
beginning, and that the issue is which party has prior de facto possession while in
unlawful detainer, possession of the defendant is originally legal but became
illegal due to the expiration or termination of the right to possess. - G.R. No.
187944, March 12, 2014

Actions for unlawful detainer and forcible entry must be filed within one (1) year
from the date possession is lost, while an accion publiciana may be filed only
after the expiration of that period but within the period prescribed in the statute
of limitations. An accion publiciana may only be filed with the RTC, while a
complaint for unlawful detainer or forcible entry may only be filed with the first
level courts. - Bejar v. Caluag, 544 Phil. 774, 780 (2007).

Under existing law and jurisprudence, there are three kinds of actions available to
recover possession of real property: (a) accion interdictal; (b) accion publiciana;
and (c) accion reivindicatoria. - Javier v. Veridiano II, G.R. No. L-48050, 10
October 1994, 237 SCRA 565, 572-573.

Accion interdictal comprises two distinct causes of action, namely, forcible entry
(detentacion) and unlawful detainer (desahuico). In forcible entry, one is deprived
of physical possession of real property by means of force, intimidation, strategy,
threats, or stealth whereas in unlawful detainer, one illegally withholds
possession after the expiration or termination of his right to hold possession
under any contract, express or implied. The two are distinguished from each other
in that in forcible entry, the possession of the defendant is illegal from the
beginning, and that the issue is which party has prior de facto possession while in
unlawful detainer, possession of the defendant is originally legal but became
illegal due to the expiration or termination of the right to possess. - G..R. No.
132424, May 2, 2006