Dear Atty. Duran-Schulze,
I’m having problems with our ancestral land. What should I do if it has been claimed and gatekept by a third party that has no right to it?
Dear Writer,
If the land is registered in your name, you are entitled to possession of the land as a consequence of ownership.
Under Article 428 of the New Civil Code of the Philippines, “the owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. The owner has also a right of action against the holder and possessor of the thing in order to recover it.”
If a person, who is not the legal owner of a property, occupies it without the owner’s consent, it would amount to illegal possession of the property.
If the property is not registered, the possessor may be able to acquire the property through prescriptive acquisition if the possession lasted for thirty (30) years or more.
There are three kinds of remedies to recover possession of titled real property. As explained in the case of Spouses Tobias vs Michael Gonzales and Mario S. Gonzales, G.R. 232176, February 17, 2021, the owner may decide among three kinds of actions to recover possession of real property:
- Accion Interdictal or Ejectment Suit is the right to physical or material possession over the subject real property independent of any claim of ownership by the parties involved and includes an action for unlawful detainer and a suit for forcible entry. In unlawful detainer, one illegally withholds possession after the expiration or termination of his right to hold possession under any contract, express or implied whereas in forcible entry, one is deprived of physical possession of real property by means of force, intimidation, strategy, threats, or stealth.
- Accion Publiciana is an ordinary civil proceeding to determine the better right of possession of realty independently of title.
- Accion Reivindicatoria is an action whereby the plaintiff claims ownership over a parcel of land and seeks recovery of its full possession.
The above-mentioned legal remedies can be filed before the appropriate trial court where the property is situated.
Do you have any further questions that need to be addressed? Talk to our team at Duran & Duran-Schulze Law to know more. You may reach us at (+632) 8478 5826 or +63 917 194 0482 email info@duranschulze.com for more information.
