Relevant Terms and Concepts in Ownership

A. ACCION INTERDICTAL-is a summary action to recovery physical or material possession only. It consists of the summary actions of Forcible Entry and Unlawful Detainer.

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B. Forcible Entry -is a summary action to recover physical possession of real property when a person originally in possession thereof is deprived by: force, intimidation, strategy, threat, and stealth.

C. Unlawful Detainer -is a kind of action that must be brought when possession is being unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract whether express or implied.

D. ACCION PUBLICIANA -is an ordinary civil proceeding to recover the better right of possession, except in cases of forcible entry and unlawful detainer. What is involved is not possession de facto but possession de jure.

E. ACCION REINVINDICATORIA -is an action to recover real property based on ownership. Here, the object is the recovery of the dominion over the property as owner.

F. CAVEAT EMPTOR (BUYER BEWARE)- requires the purchaser to be aware of the supposed title of the vendor and one who buys without checking the vendor’s title takes all the risks and losses consequent to such failure. The actual possession by people other than the vendor should, at least, put the purchaser upon inquiry. Site identification and survey are a must also. An action for reconveyance is a legal and equitable remedy granted to the rightful owner of land which has been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or convey the land to him.

 G. DECREE OF REGISTRATION- Issued by the administrator of LRA upon order of the court.  It shall bind the land and quiet title thereto which is the purpose of Torrens System. Land becomes registered only upon transcription of the decree in the original registration book by the Register of Deeds and not on the date of issuance of the decree. register-880805_640Certificate of title becomes indefeasible after one year from issuance of the decree.

H. DOCTRINE OF SELF-HELP- 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 reasonable necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.

I. ESTATE-an Estate refers to the totality of the assets owned by a person which include real and personal properties and the interest thereof.

J. PERSONAL ACTION-are those actions filed for the recovery of personal properties,i.e. replevin.

K. PERSONAL RIGHT-refers to the power belonging to one person to demand from another the fulfillment of a prestation or object to give, to do, or not to do.

L. POSSESSION-the holding of a thing or the enjoyment of a right.

M. REAL ACTION-are those actions filed for the recovery of real properties, i.e. accion interdictal; accion publiciana; and accion reinvindicatoria.

N. REAL RIGHT-is one that confers upon the holder an autonomous power to derive directly from an appropriate property/ thing certain economic advantages, independently of whoever should be the possessor of a property/ thing.

O. REGALIAN DOCTRINE-all lands of whatever classification and other natural resources not otherwise appearing to be clearly within private ownership belong to the State. It also means that is the State reserved the full ownership of all natural resources or natural wealth that may be found in the bowels of the earth.

P. RES NULLIUS-Everything on earth must have an owner. Res Nullius is a Latin term that means things (res) without and owner (nullius). Since everything must have an owner, if there are no private owners or claimants, then that particular property is presumed to be owned by the State. Likewise, when a person dies without any heir, then the State succeeds to the estate of the deceased.

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Q. RIPARIAN OWNER-is the owner  of the property adjoining or abutting the bank of a river.

R. SOLUTIO INDEBITI-means that no person shall enrich himself at the expense of another.

S. STEWARSHIP PRINCIPLE OF PROPERTY OWNERSHIP- provides that the property owners are bound to use or utilize their lands in a manner that will promote welfare and benefits not only for themselves but also for the State. Ownership of land carries with it a distinct social obligation. Owners are obliged to use their properties to promote the general welfare and not only their interest, thus the State may regulate or control land ownership.

T. WRIT OF DEMOLITION- If the writ of possession issued in a land registration proceeding implies the delivery of possession of the land to the successful litigant therein, a writ of demolition must, likewise, issue, especially considering that the latter writ is but compliment of the former which, without said writ of demolition, writ of possession would be ineffective. Demolition is upon special order of the court.

U. WRIT OF POSSESSION- Employed to enforce a judgment to recover the possession of land. It commands the sheriff to enter the land and give possession of it to the person entitled under judgment.

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