Actions for claiming land ownership and possession

In a recently decided case, the Supreme Court explained the different actions for claiming land ownership and possession.

Lea Victa-Espinosa bought a parcel of land. When she had it surveyed, she discovered that parts of the land were occupied by the spouses Noel and Leny Agullo. Espinosa demanded that the Agullos vacate the portion belonging to her, but they refused.

Espinosa filed a complaint for recovery of possession (but not ownership) with the Regional Trial Court (RTC), asking the court to order the Agullos to vacate the portion of land. The RTC dismissed the complaint, declaring that Espinosa should have filed an action for forcible entry considering that the action was still within the one-year period from her discovery of dispossession.

The RTC denied Espinosa’s motion for reconsideration, notwithstanding her argument that her complaint was not merely to determine who between her and the Agullos had the better right of possession over the property, but one for accion reivindicatoria, since she sought not only to recover ownership but also possession.

The Court of Appeals reversed the RTC decision and agreed that Espinosa’s action was one for accion reivindicatoria, as her claim sought to recover full possession of the property, which is an element of ownership, allowing the case to proceed.

All the way to the Supreme Court

The Supreme Court, however, denied the appeal of the Agullos and allowed the RTC to proceed with the case on different grounds, declaring that the action was not accion reivindicatoria but one of accion publiciana.

The High Court explained that in accion publiciana, the issue is who has the better right to possess the land without necessarily claiming ownership, whereas in accion reivindicatoria, the determination of ownership of the land is essential, with possession granted to the rightful owner.

In the case, Espinosa did not seek a determination of ownership, nor did the Agullos dispute her title of ownership over the land. More importantly, the Supreme Court clarified that accion publiciana could be filed even within the one-year period from dispossession if no force, intimidation, threat, strategy or stealth was used by the possessor—which, in this case, was not alleged. (Sps. Agullo v. Victa-Espinosa, G.R. No. 269921, April 22, 2025)

Understandably, the legal terms ejectment, unlawful detainer and forcible entry, accion publiciana, and accion reivindicatoria may be confusing to non-lawyers.

The following may help clarify any confusion. 

Accion interdictal or summary ejectment proceeding

This type of action may either be an action for Forcible Entry or Unlawful Detainer where both have the objective of recovery of physical or material possession. The action is based on Rule 70 of the Rules of Court and proceedings are summary (expedited) in nature. 

A complaint for Forcible Entry is one where the entry of the party being ejected is illegal from the start whereas, in Unlawful Detainer, the possession was initially lawful but becomes unlawful upon the expiration or termination of the right to possess — such as when a lease agreement has ended. 

Cases for Forcible Entry and Unlawful Detainer are filed with the lower courts (Municipal and Metropolitan Trial Courts) within one year from the unlawful deprivation or entry in the case of Forcible Entry or one year from the last demand in cases for Unlawful Detainer. 

Accion publiciana 

This is an action for recovery of the right to possess.  It is based on Articles 523 to 560 of the Civil Code of the Philippines and it is an ordinary civil proceeding to determine the better right of possession of real property independently of title.

While this type of action is usually filed against third persons, it may also be filed against any co-owner who takes exclusive possession and asserts exclusive ownership of the property.  

In an action by one co-owner against another co-owner, the only purpose of the action is to obtain recognition of the co-ownership. The complaining co-owner cannot seek exclusion of the other from the property because as co-owner he has a right of possession.  (De Vera, et al. v. Manzanero, et al., GR 232437, June 30, 2021)

In the words of the Supreme Court, when possession can no longer be wrested via summary action for ejectment when dispossession has lasted for more than a year, the dispossessed party may still file a complaint for accion publiciana or accion reivindicatoria.

The general rule is accion publiciana is filed when the dispossession has lasted for more than a year. However, when the dispossession does not involve force, intimidation, threat, strategy or stealth, the case may be filed even if the dispossession has lasted for less than one year.

This type of case is filed with the lower courts or the Regional Trial Court, depending on the value of the property) and the action prescribed within 10 years from the time of the dispossession. 

Accion reivindicatoria 

Accion reivindicatoria is an action to recover ownership of a parcel of land and, as an element of this ownership, possession over the land. The party claimant must allege ownership over the parcel of land and seek recovery of its possession. (De Vera, et al. v. Manzanero, et al., GR 232437, June 30, 2021)

This action is based on Articles 428 and 434 of the Civil Code of the Philippines and, like Accion Publiciana, is considered an ordinary civil proceeding. 

The action may be filed with the lower court or the Regional Trial Court, depending on the value of the property and, generally, there is no time limit within which to bring the action except that the adverse party may acquire ownership over the land by virtue of prescription which will then defeat the claimant’s action in accion reivindicatoria. 

Source: Inquirer