FORCIBLE ENTRY OR UNLAWFUL

DETAINER

PLENARY ACTION
TO RECOVER POSSESSION
(ACCION PUBLICIANA)

Possession unlawful from time of

entry.
Prior possession is INDISPENSABLE.
Decision here is res judicata only as
to possession.
Prescriptive period of one year
period starts from last demand to
vacate.
Possession was lawful at first but
later became illegal, i.e. defendant
withholds possession after
expiration of his right.
Prior physical possession is not
required.

A civil proceeding to recover the

better right of possession except
in cases of Forcible entry or
unlawful detainer.
Also used to refer to an
ejectment case filed after
expiration of one year from the
unlawful withholding of
possession of the realty

WHEN
APPLICABLE

ISSUE

Physical/material Possession
(possession de facto) (i.e. NOT civil
Possession or Possession de jure,
which arises from the
ownership or is one of
the attributes of ownership), of
which a person 1) has been
deprived or 2) against whom It has
been withheld by any of the
means/circumstances under Rule 70

1. When dispossession is by any

means other than those
Mentioned in SEC 1 RULE 70
RoC
2. When, although any of the
Special circumstances is present,
where the 1 year prescriptive
period for bringing an action
for forcible entry or unlawful
detainer has expire
Possession de jure of realty
independent of the title and
restitution of possession. This
action is distinct and different
from an action for recovery of
title or ownership.
A judgment rendered here is
conclusive only as to the question
of possession, but not
As to the question of ownership

ACTION TO RECOVER
POSSESSION BASED ON
OWNERSHIP (ACCION
REINVINDICATORIA)
An action to seek the
recovery of ownership,
necessarily including the
jus utendi and jus fruendi.

Ownership, recovery of the

dominion over the
property as owner.
If the issue of possession
Has already this is the only
action that can be filed.

WHO MAY
INSTITUTE

1. A person deprived of the

possession of any land or building by
force, intimidation, threat, strategy,
or stealth (forcible entry under RULE
70); 2. A landlord, vendor, vendee,
or other Person against Whom the
possession of any land or building is
unlawfully withheld after the
expiration/ termination of the Right
to hold possession by virtue of Any
contract, Express or implied
(unlawful detainer); or
3. The legal representatives/ assigns
of any such landlord, vendor, vendee
or other person

An owner who is dispossessed by

means other than those
mentioned in RULE 70 RoC, or
when the possession of land is
due to tolerance of the owner.
It is not necessary to wait until
the expiration of 1 year before
commencement of action.
It can also be filed after the
expiration of the 1 year period
If no action for forcible entry or
Unlawful detainer has been filed
during that time, otherwise,
barred.

Legal owner or one with

the better right over the
property.
In an action for
reconveyance, what is
sought is the transfer of
the property which has
been wrongfully/
erroneously registered in
another persons name, to:
1) its rightful and legal
owner; or
2) to one with
the better right

WHAT HAS TO BE
ALLEGED

1. Prior possession
de facto
2. Undue deprivation Thereof When
the complaint fails To aver acts
Constitutive of forcible
entry/unlawful detainer (how he was
dispossessed), the remedy should be
either accion publiciana or accion
reinvindicatoria.
In an ejectment suit, issue of
ownership can be passed upon by
the court only by determining the
issue of possession de facto.
An action for ejectment is Merely a
quieting process. If plaintiff has in
his favor priority in time, He has
the
Security that entitles him to remain
in the property (even against the
owner himself) until he is lawfully
ejected by
A Person
having a Better
right by an accion publiciana or
Accion reinvindicatoria.

For an action to
reconveyance to prosper,
the property should not
have passed into the hands
of an innocent purchaser
for value.

WHERE FILED

MTC Summary In nature

These cases involve a Disturbance of
social order which must be abated
As promptly
as possible without
any undue reliance on technical and
procedural rules

RTC
Prescriptive Periods:
1. 4 yearsif based on
fraud from date of
issuance of certificate of
title over property
2. 10yearsif based on
implied or constructive
trust
3. Imprescriptible when
plaintiff is in possession of
property

4. 30 years (without
prejudice to what is
established for the
acquisition of ownership
and other real rights by
prescription- ART1141)if
real actions over
immovables