CHAPTER 2 OWNERSHIP FORCIBLE ENTRY

 The nature of possession only involves material possession.

What are the rights of an owner?
1. Right to enjoy He who can successfully prove that he is in rightful possession of the
2. Right to dispose subject property and there is a basis for his possession, will normally
3. Right to vindicate – right to recover the possession of real or be the victor in a forcible entry case.
personal property
Even if you are the owner but you cannot prove prior possession,
Remedies Owner can Resort to your ownership is not a guarantee that you will be successful in a
1. Replevin – right to recover personal property; basis of remedy forcible entry case.
is ownership
2. Forcible Entry The possession of the defendant must be illegal from the very start and
3. Unlawful detainer the mode of gaining possession is through either:
4. Injunction (GROUNDS ON HOW THE ENTRY WAS MADE)
5. Writ of Possession 1. Force
2. Intimidation
Remedies if Subject Property is a Real Property 3. Threat
1. Forcible entry 4. Strategy – somewhat accompanied by fraud, deliberate
2. Unlawful detainer 5. Stealth – done secretly
3. Action Publiciana
4. Action Reivindicatoria Note: The law recognizes that there may be other modes of entry of
These are remedies for the recovery of possession. Although the
possession which is not necessarily .. (?) – forcible entry here is not a remedy
nature of possession involved on each of these remedies are different.
Reckoning point to count the 1 year period
Force – within one year from entry
Forcible Entry Unlawful Action Action
Intimidation – within 1 year from the time intimidation has stopped
Detainer Publician Reivindicatoria
Threat – within 1 year from the time threat has stopped
Nature of Recovery of Possession de Recovery of Strategy – within 1 yr from the time strategy has been discovered
possession: one possession jure (e.g. lessee) possession based on Stealth – within 1 yr from the discovery
in actual and against one ownership
physical whose right to Possession here The period of time to avail of this remedy is 1 year reckoned from the
possession the possession does not arise occurrence of force or intimidation, stopping of the threat, or discovery
(material of thing from ownership of the strategy and stealth.
possession) terminates which
right is grounded JURISDICTION
on a contract On the procedure standpoint, the issue is jurisdiction – file it at MTC
that is expressed The court which has sole and exclusive jurisdiction of the place
or implied where the real property is situated.
Possession of Possession is e.g. lessee is
defendant is legal from the deprived of
illegal from the start but possession UNLAWFUL DETAINER
very beginning; became illegal  The possession is legal from the start but at the later point, it
no basis later on becomes illegal.

e.g. squatters e.g. lessee, after E.g. In a contract of lease where the lessee still continued to possess
the duration of the property even after the expiration of the lease period and in spite of
the lease of the notice to vacate given by the owner
contract refuses As soon as the notice to vacate is given, and the period asking him to
to vacate – vacate has expired without him vacating, his possession becomes
initially, illegal.
possession is
legal at first but It becomes unlawful when the lessee refuses to vacate despite notice
becomes illegal to vacate after expiry of lease contract
when the lease
contract expired ! If in the complaint, there is NO DEMAND to VACATE, then there is
NO CAUSE OF ACTION = case will be dismissed.

Summary proceeding – no
presentation of witnesses on the
witness stand. It is on the basis of
position papers only. No need to
conduct a direct examination just like
in a normal type proceeding.
Ordinary Civil Action There must be an allegation that there was a demand to vacate and
prove it by attaching in the complaint a demand letter to vacate.
Reckoning point: 1 year from the time of the last demand letter to
vacate
Another situation: Tolerating another person to possess your property;
possession by mere tolerance; implied contract.

When the time comes that you will need the entire premises and you
ask him to vacate and he will not vacate, you can file an unlawful
detainer suit. The tolerance given initially gives the other’s
possession legal, but the moment you ask him to vacate, his
possession now becomes illegal.

SUMMARY PROCEEDING
 It can be decided solely by a position paper.
 There is no need to present witness in the witness stand.
 There is no need to conduct a direct examination just like in a
normal trial type of proceeding.

After the submission of the position papers, the court will now decide on
the case. It will be resolved sooner that an ordinary civil action.
1
Note: In a complaint for unlawful detainer, the following key
jurisdictional facts must be alleged and sufficiently established: (Sps.
Valdez)
1. Initially, possession of property by the defendant was by
contract with or by tolerance of the plaintiff
2. Eventually, such possession became illegal upon notice by
plaintiff to defendant of the termination of the latter’s right of
possession
3. Thereafter, the defendant remained in possession of the
property and deprived the plaintiff of the enjoyment thereof
4. Within one year from the last demand on defendant to vacate
the property, the plaintiff instituted the complaint for ejectment

ACTION PUBLICIANA
 Also an action to recover possession but the possession here is
grounded on a right other than ownership.
 Possession is not based on ownership
 Involves right OF possession, it does not depend upon ownership

E.g. Lessee deprived of possession

You can file action publiciana because you have the right to
possession independent of ownership.

The basis is not ownership, but something other than ownership

 May also be available if you cannot accurately describe how entry

of possession was done by the defendant
 If the one year period has lapsed in a case of forcible entry,
you can still avail of this remedy. Caveat: problem here is delay,
because this is not a summary proceeding but an ordinary civil
action

ACTION REINVIDICATORIA
 Still an action to recover possession but this time, the basis is
ownership.
 In other words, you claim that you have possession because you
are the owner

Other Remedies provided for by law

INJUNCTION; RULE 58 RULES OF COURT

This can be a remedy – main or provisional
Can be resorted to when you are disposed of you property by force and
you would ask mandatory injunction from the court that in the meantime
the case is filed, you will be reinstated to be in possession of the
property

WRIT OF POSSESSION
Available in cadastral cases
There is already judgment from the court when there are occupants in
the property
You are entitled to be issued a writ of possession. You do not file a
case again.

Also available when you are a buyer in a foreclosure sale. When the
owner was not able to redeem, you are now the absolute owner. If this
new owner wants the old owner to vacate, he will just ask from the court
an issuance of writ of possession. ‘

2
 ACTIONS TO RECOVER OWNERSHIP AND POSSESSION NOTE: Where the facts averred in the complaint reveals that the action is neither one of forcible
OF REAL PROPERTY entry nor unlawful detainer but essentially involves a boundary dispute, the same must be
resolved in an accion reinvindicatoria (Sarmiento vs CA GR No 116192)
What are the legal remedies to recover possession of one’s property?
A. Personal Property
1. Replevin Comments (Atty. Gravador):
Both are a remedies to recover possession.
B. Real Property
a. Accion interdictal Can a lessee file a case of forcible entry?
1. Forcible Entry Yes, a lessee may file a case of forcible entry. Only that in this two remedies,
2. Unlawful detainer there are essential allegations expected.
b. Accion Publiciana Such that you have to describe the manner of entry as proceeding from any of
c. Accion Reinvindicatoria the following: force, intimidation, strategy, threat, or stealth.

Accion Interdictal THESE SHOULD BE ALLEGED IN THE COMPLAINT.

A summary action to recover physical or material possession only and must Only in any of this manner that it qualifies as forcible entry.
be brought within one year from the time of the cause of action arises.
 Forcible Entry Illustrative case: Amante case – The problem here however, is that the
 Unlawful Detainer
complaint did not allege the manner of possession.
Distinguish Forcible Entry from Unlawful Detainer
Forcible Entry Unlawful Detainer Q: Can the owner be a defendant in a forcible entry case?
Yes, an example is in a case of a contract of lease.
As to when From the beginning as Possession is
possession he acquires possession by inceptively lawful but
became force, intimidation, becomes illegal from Example. Both of you are contesting the ownership of a parcel of land.
unlawful strategy, threat or the time defendant
stealth (FISTS) unlawfully withholds
possession after the
expiration or
termination of his right
thereto.
As to No previous demand for Demand is
necessity of the defendant to vacate is jurisdictional if the
demand necessary ground is non-
payment of rentals or
failure to comply with
Accion Interdictal Accion Publiciana
the lease contract
As to Plaintiff must prove that Plaintiff need not have Issue here is limited to the question Issue here is the
necessity of he was in prior physical been in prior physical of possession de facto determination of the better
proof of prior possession of the possession right of possession or
physical premises until he was possession de jure
possession deprived thereof by the Summary action of ejectment Plenary action for recovery of
Accion Publiciana
defendant Accion Reinvindicatoria possession
As to when
Recover 1 1ofyear
the right period is generally
possession, Recover 1ownership,
year period
as wellis
which yearshould
period counted
be brought fromthe
before the date of counted which
as possession, fromshouldthe
properis RTCcounted
when actual entry of the land
dispossession also be date of last
brought demand
before the
hasfrom lasted for more than one year proper RTCor in last letter civil
an ordinary of
action demand
Both a summary action
NOTE: In other words, if at the time of the
Summary
filing of the complaint, more than one proceeding
year – no presentation of
witnesses
has lapsed since defendant on held
unlawfully the witness stand. It is on the basis of
possession from plaintiff,position
the actionpapers
will not only. No need to conduct a direct
be for illegal detainerexamination just like in a normal type proceeding.
but an accion
publiciana

Possession does not arise from Recovery of possession is

ownership based on ownership Accion Publiciana
Ordinary civil proceeding to recover the better right of possession,
Basis of recovery of possession is Involves recovery of except in cases of forcible entry and unlawful detainer. What is involved
the plaintiff’s real right of possession as an incident or here is not possession de fact but possession de jure.
possession or jus possessionis – attribute of ownership or what
which is the right to the possession is known as jus possidendi Accion Reinvindicatoria
of the real estate independent of Action to recover real property based on ownership. The object is the
ownership recovery of the dominion over the property as owner.

Requisites:
Both an ordinary civil action 1. Identity of property
2. Plaintiff’s title to the property
Jurisdiction shall depend on the location of the realty
and its assessed value. Accion Publiciana Distinguished from Accion Interdictal
If located in Manila:
a. MTC – value does not exceed 50K Accion Publiciana Distinguished from Accion Reinvindicatoria
b. RTC – value exceeds 50K

If situated outside Metro Manila

3 a. MTC – value does not exceed 20K
b. RTC – value exceeds 20K
4