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7/31/2019 Property Reviewer - Alagban

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REAL ACTIONS PERSONAL ACTIONS

Defn (RoC): actions affecting title to or possession of real property, or interest therein Defn (RoC): all other actions

Important to determine VENUE

Hernandez v. DBP: A real action is one brought for the specific recovery of land,

tenements, or hereditaments

Hernandez v. DBP: A personal action is one brought for the recovery of personal

property, for the enforcement of some contract or recovery of damages for its breach, or

for the recovery of damages for the commission of an injury to the person or property

*Petitioners action is not a real but a personal action. His action is one to declare null

and void the cancellation of the lot and house in his favor which does not involve title

and ownership over said properties but seeks to compel respondent to recognize that

the award is a valid and subsisting one which it cannot arbitrarily and unilaterally

cancel.

Adamos v. JM Tuason:Allegations as well as the prayer in the complaint show that the

action is not a real but a personal action to compel the defendants to execute the

corresponding purchase contracts in favor of the plaintiffs and to pay damages. The

plaintiffs do not claim ownership of the lots in question: they recognize the title of the

defendant JM Tuason & Co. They do not ask that possession be delivered to them, for

they allege to be in possession.

Cabutihan v. Landcenter:

*Natl Steel Corp v. CA: an action in which petitioner seeks the execution of a deed of sale

of a parcel of land in his favor has been held to be for the recovery of the real property and

not for specific performance since his primary objective is to regain the ownership and

possession of the parcel of land.

Cabutihan v. Landcenter: action is personal, not real, so venue was properly laid. Thefact that she ultimately sought the conveyance of real property not located in the

territorial jurisdiction of the RTC of Pasig is, she claims, an anticipated consequence and

beyond the cause for which the action was instituted. (there was a breach of contract

here)

La Tondena Distillers, Inc. v. Ponferrada: action for specific damagesprivate respondent

did not claim ownership but, by annotating a notice of lis pendens on the title, recognized

defendants ownership thereof.

Siasoco v. CA: case for specific performance with damages is a personal action

*A close scrutiny of National Steel and Ruiz reveals that the prayers for the execution of

a Deed of Sale were not in any way connected to a contract like the Undertaking in thiscase. Hence, even if there were prayers for the execution of a deed of sale, the actions

filed in the said cases were not for specific performance.

In this case, petitioner seeks payment of her services in accordance with the

undertaking the parties signed. BOC gives rise to a COA for specific performance or

rescission.

Infante v. ARAN Builders Inc.: The case at bar involves the enforcement of the private

respondents rights over a piece of real property.

The previous judgment (1stcivil case) has declared respondents right to have the title

over the disputed property. The respondent has an established interest over the

property in question, and to protect such right, respondent instituted the current action

to enforce and revive the previous judgment. This action falls under the category of areal action.


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ACTION IN REM ACTION IN PERSONAM ACTION QUASI IN REMAims to impose a judgment conclusive on all persons, even

those outside the State

Aims to impose judgment that is conclusive on a particular

person

Aims to impose a judgment that is conclusive on a

particular person outside of the State with respect to his

property within the State

Important to determine FORM OF SUMMONSLam v. Rosillosa: directed against the thing or property or

status of a person and seek judgments with respect thereto

as against the whole world

If, on the other hand, the object is to bar indifferently all

who might be minded to make an objection of any sort

against the right sought to be established, and if any one in

the world has a right to be heard on an allegation of factswhich, if true, shows an inconsistent interest, the

proceeding is in rem.

The probate of a will is an proceeding IN REM, because the

order of probate is effective against all persons wherever

residing.

Lam v. Rosillosa: directed against specific and seek

personal judgments

An action to recover a parcel of land is a REAL ACTIO, but it

is an action IN PERSONAM, for it binds a particular

individual only although it concerns the right to a tangible

thing.

An action for resolution of a contract of slae of real

property is an action in personam.

El Blanco Espanol-Filipino v. Palanca:

The action to foreclose a mortgage is said to be aproceeding quasi in rem, by which is expressed the idea

that while it is not strictly speaking an action in rem yet it

partakes of that nature and is substantially such.

The action quasi in rem differs from the true action in remint eh circumstance that in the former an individual is

named as defendant, and the purpose of the proceeding is

to subject his interest therein to te obligation or lien

burdening the property.

Asiavest Limited v. CA: An action in rem is an action against

the thing itself instead of against the person.

Asiavest Limited v. CA: An action in personam is an action

against a person on the basis of his personal liability.

In an action in personam, jurisdiction over the person of

the defendant is necessary for the court to validly try and

decide the case. Jurisdiction over the person of a resident

defendant who does not voluntarily appear in court can be

acquired by personal service of summons as provided

under Section 7, Rule 14 of the Rules of Court. If he cannot

be personally served with summons within a reasonable

time, substituted service may be made in accordance with

Section 8 of said Rule. If he is temporarily out of the

country, any of the following modes of service may be

resorted to: (1) substituted service set forth in Section 8;

(2) personal service outside the country, with leave ofcourt; (3) service by publication, also with leave of court;

or (4) any other manner the court may deem sufficient.

However, in an action in personam wherein the defendant

is a non-resident who does not voluntarily submit himself

to the authority of the court, personal service of summons

within the state is essential to the acquisition of

jurisdiction over her person. This method of service is

possible if such defendant is physically present in the

country. If he is not found therein, the court cannot acquire

jurisdiction over his person and therefore cannot validly

try and decide the case against him.

Asiavest Limited v. CA: An action quasi in rem is one

wherein an individual is named as defendant and thepurpose of the proceeding is to subject his interest therein

to the obligation or lien burdening the property.


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REMEDY MEANING TYPE ALLEGATION ACTION PRESCRIPTION

Forcible Entry A person deprived of the possession of any land or building byforce, intimidation, stealth, threat and strategy (FISTS).

-unlawful deprivation

REAL PERSONAM Prior physical

possession

possession 1 year

Unlawful Detainer Any landlord, vendor, vendee or other person against whom thepossession of any land or building is unlawfully withheld after theexpiration or termination of the right to hold possession by virtue

of any contract, express or implied.-unlawful dispossession

REAL PERSONAM Prior physical

possession

possession 1 year

Accion Publiciana whenever the owner is dispossessed by any other means (e.g.possession is due to tolerance of the owner) other than FISTS, he

may maintain this action to recover possession without waiting

for the expiration of 1 y ear before commencing this suit. It mayalso be brought after the expiration of 1 year if no action had been

instituted for forcible entry or unlawful detainer.

REAL PERSONAM Real right of possession Possession 10 years

Accion

Reivindicatoria

action for recovery of dominion over the property as owner; an

action to recover ownership, as well as possession

*This action should be filed in case of refusal of a party to deliverpossession of property due to an adverse claim of ownership.

REAL PERSONAM Ownership Possession 10 yrs (good faith)

30 yrs (bad faith)

Unless imprescriptible

Reconveyance The transferring of a title back to its previous owner REAL PERSONAM Ownership Title 10 yrs (1456)

Quieting of Title Concept of quieting of title: An action to quiet the title to propertyor to remove a cloud thereon is a remedy or form of proceeding

originating in equity jurisprudence which has for its purpose an

adjudication that a claim or title to or an interest in property,

adverse to that of the complainant, is i nvalid, so that the

complainant or his assignees may be forever afterward free fromany danger of hostile claim.

Action to quiet title: A remedy or proceeding which has for itspurpose an adjudication that a claim of title to realty or an interest

thereon, adverse to the plaintiff and those claiming un der him

may forever be free of any hostile claim.

REAL QUASI IN

REM

Ownership Quieting imprescriptible

Replevin An action to recover personal property said or claimed to beunlawfully taken

PERSONAL PERSONAM Ownership Possession 4 (good faith)

8 (bad faith)

When does accion reivindicatoria become imprescriptible?

When it is covered by a Torrens TitleWhat is the exception to the exception?

LACHES

Dela Paz v. Panis: Both actions (FEUD) may be filed with the municipal courts within one year after the unlawful deprivation or withholding of possession Their main difference lies in

the time when possession became unlawful: Forcible Entry from the time of entry Unlawful Detainer possession which is at first lawful later becomes illegal, as when the lease contract has expired and the lessee refuses to v acate the premises despite the

demand

German Mgt & Services v. CA: A prior possessor has security to remain in property until lawfully ejected by person having better right by accion publiciana or accion reivindicatoria.

A party may validly claim ownership based on the muniments of title it may present, such evidence does not responsively address the issue of prior actual possession raised in a

forcible entry case. . It must be stated that regardless of the actual condition of the title to the property, the party in peaceable quiet possession shall not be turned out by a strong hand,

violence or terror. When possession has already been lost, the owner must resort to judicial process for the recovery of property.

Doctrine of self-help can only be exercised at the time of actual or threatened dispossession, which is absent in the present case. When possession has already been lost, the owner

must resort to judicial process for the recovery of property.


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Bishop of Cebu v.Mangaron: Prior to the Civil Code, there were three remedies which a party unlawfully dispossessed could avail himself of, to wit: The accion interdictal, which could

be brought within a year, in a summary proceeding; the plenary action for possession in an ordinary proceeding, which could only be brought after the expiration of a year; and the

action for title in an ordinary proceeding, which was brought in case the plenary action for possession failed. The accion interdictal had for its object the recovery of the physical

possession; the plenary action for possession, the better right to such possession; and the action for title, the recovery of ownership.

Summary action for possession interdictal

Plenary action for possession publiciana

PEZA v. Fernandez: Reconveyance is a remedy of those whose property has been wrongfully or erroneously registered in the name of another. Such recourse, however, cannot be

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

innocent purchaser for value. In this case, the property has already been conveyed to the government in appropriate expropriation proceedings, the regularity or validity of which has

not been questioned.

PROVISIONS:

SELF-HEP

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.

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 constitutedthereon.

ACCION INTERDICTAL

1147. The following actions must be filed within one year:

(1) For forcible entry and detainer;(2) For defamation.

ACCION PUBLICIANA

536. In no case may possession e acquired through force or intimidation as long as there is a possessor who objects thereto. He who believes that he ahs an action or a right to deprive

another of the holding of a thing, must invoke the aid of the competent court, if the holder should refuse to deliver the thing.

555. A possessor may lose his possession:

(1) By the abandonment of the thing;(2) By an assignment mad to another either by onerous or gratuitous title;(3) By the destruction or total loss of the thing, or because it goes out of commerce;(4) By the possession of another, subject to the provisions of Article 537, if the new possession has lasted longer than one year. But the real right of possession is not lost till after

the lapse of ten years.

ACCION REVINDICATORIA

433. Actual possession under claim of ownership raises a disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property.

434. In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and n ot on the weakness of the defendants claim.


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ACTION FOR RECONVEYANCE

1456. If the property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom

the property comes.

1144. The following actions must be brought within ten years from the time the right of action accrues:

(1) Upon a written contract;(2) Upon an obligation created by law;(3) Upon a judgment.

QUIETING OF TITLE

Art. 476. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or

effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title.

An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein.

Art. 477. The plaintiff must have legal or equitable title to, or interest in the real property which is the subject matter of the action. He need not be in possession of said property.

Art. 478. There may also be an action to quiet title or remove a cloud therefrom when the contract, instrument or other obligation has been extinguished or has terminated, or has beenbarred by extinctive prescription.

Art. 479. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff's benefit.

Art. 480. The principles of the general law on the quieting of title are hereby adopted insofar as they are not in conflict with this Code.

Art. 481. The procedure for the quieting of title or the removal of a cloud therefrom shall be governed by such rules of court as the Supreme Court shall promulgated.

Sec. 2, Rule 63. Parties. All persons who have or claim any interest which would be affected by the declaration shall be made parties; and no declaration shall, except as otherwise

provided in these Rules, prejudice the rights of persons not parties to the action.

REPLEVIN

Sec. 1, Rule 60. Application. A party praying for the recovery of possession of personal property may, at the commencement of the action or at any time before answer, apply for an

order for the delivery of such property to him, in the manner hereinafter provided.

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