Accion Reivindicatoria Is An Action Whereby Plaintiff Alleges Ownership Over A Parcel of
Accion Reivindicatoria Is An Action Whereby Plaintiff Alleges Ownership Over A Parcel of
Accion Reivindicatoria Is An Action Whereby Plaintiff Alleges Ownership Over A Parcel of
1
Spouses Caezo v. Spouses Bautista, GR No. 170189
The identity of the land is further established by the Survey Report last July 1, 2017 which
revealed that
“… [T]he frontage of Lot 1, the adjoining lot on the south side should only
be 13.00 m but appeared to be 15.88 m, thereby appearing that Lot 2 has encroached
Lot 1 by 2.88 m. eventually forming an overlap of 36.00 sq.m” (Emphasis supplied)
Lot 2 is aptly described in TCT No. T-67890 which also substantiates your claim to the
encroached area.
However, it must be noted that generally, the adjudication of ownership does not include
the possession of the property2. It means that even if the court decides in your favor, possession of
the overlapped property would not automatically be granted to you.
However, as an exception, the adjudication of ownership would include the delivery of
possession if the defeated party has not shown any right to possess the land independently of his
claim of ownership which was rejected3. Therefore, if Ms. Villadolid would not be able to show
any right to possess the overlapped area, then the adjudication of ownership in your favor would
also include your right to possess the disputed area.
These are your remedies under the law and settled judicial precedents as based on the letter
you sent me. Please let me know if I can be of further assistance and service to you with regard to
this matter.
Sincerely,
JOSIAH DAVID F. QUISING
2
Olego v. Hon. A. Rebueno, GR No. L-39350
3
Id