Article 428

I. Action to Recover Personal PropertyREPLEVINDefine: A provisional remedy or action to recover possession of PERSONAL PROPERTY*governed by Rule 60, Section 1-10, Rules of Court

Characteristics of Replevin1.) Writ of Replevin cannot be directed against the lawful possessor of the

property.2.) Will not lie to recover property in custodial egis3.) Writ of replevin may be served anywhere in the Philippines II. Actions for Recovery of Real Property

1. EJECTMENT PROCEEDING (Accion Interdictal)1.1. Forcible Entry (detentancion)1.2. Unlawful Detainer (desauchio)

2. ACCION PUBLICIANA3. REINVICATORIA4. Also in certain cases: Writ of Preliminary Mandatory Injunction and

Writ of Possession5. Quieting of Title (Articles 476-481)

FORCIBLE ENTRYDefine: Summary Action to recover physical possession of real property by a person deprived by FISTS

1.) Must be filed with MTC w/in 1 year from unlawful entry, or withholding or depriving of possession. If this fact is not alleged in the complaint, it must be proved in trial.

2.) Where FE was made thru stealth, the 1 yr period should be counted from the time the plaintiff learned thereof

3.) Plaintiff must allege and prove prior physical possession (Benitez vs. CA, 1997)

4.) Issue involved is mere physical possession (de facto), not juridical possession (de jure) nor ownership

5.) FE judgment involves restoration of physical possession only, and not title or ownership of property (Javen vs. CA) Thus: MTC can have jurisdiction to try FE cases, while plaintiff ‘s action for annulment of mortgage and recovery of ownership of same property against same defendant is pending in the RTC.

6.) One in possession of public land may file an action for FE7.) Preliminary injunction is available as a remedy to abate or prevent further

acts of dispossession against plaintiff, or to restore him/her its possession (Rule 70, Section 15)

8.) Action in personam (binding upon parties and privies only) not in rem (upon the whole world)

UNLAWFUL DETAINERDefine: It is a summary action brought when possession by lessor, vendor, vendee or other person of any land or building is being unlawfully withheld after the expiration or termination of the right to held possession by virtue of any contract, express or implied.

1. Must be filed with the MTC w/in 1 year from the date of demand to vacate2. Prior demand is a jurisdictional requisite, and demand must be:

a.) for payment of the rentals in arrears (back rentals) b.) for the occupant to vacate the premises or move out if he does not

comply with terms of the lease contract3. How is demand to vacate made in ejectment proceedings?

a.) made personally on defendantb.) written notice upon person found in premisesc.) posting such notice on premises if the person is not found thereond.) registered mail

4. If several demands were made, the 1-year period is counted 5 days (for building) or 15 days (for land) from last demand or letter demand: may not be alleged in complaint but must be proved in trial

5. After expiry of the term of lease, possession of the lease becomes unlawful and the lessor may bring an action for unlawful detainer w/o prior notice

6. Judgment is conclusive as to possession only, not to title or ownership of property