Week - 4 - in - Voluntary - Modes of Acquiring - Property
Week - 4 - in - Voluntary - Modes of Acquiring - Property
Week 4 Handouts
**2. Unlawful Detainer - an action where one illegally withholds possession after the
expiration or termination of his right to hold possession under any contract, express or
implied (sec 1, rule 70, 1997 Rules of Civil Procedure, as amended). Possession of the
defendant is originally legal but became illegal due to the expiration or
termination of the right to possess. The jurisdiction lies in the proper MTC or MeTC
brought within 1 year from the date of last demand and the issue is the right to
physical possession
- Accion Publiciana - - Plenary action to recover the right of possession which should
be brought in the proper regional trial court when dispossession has lasted for more
than 1 year.
- issue in material possession
- Accion Reivindicatoria - action to recover ownership also brought in the proper RTC
in an ordinary proceeding. It is an action whereby the plaintiff alleges ownership over
a parcel of land and seeks recovery of its full possession.
- ownership issue legal and material possession.
2. Accretion (Arts. 457, 440, NCC) - Accretion is the process whereby soil (alluvium) is
deposited or added to land by the operation of natural causes. Alluvium is the soil deposited
of added to the lands adjoining the banks of rivers and gradually received as an effect of the
current of the waters (Art 457, NCC). An accretion to registered land belong to the owner of
the land (riparian owner) as a natural accession thereof (Art 440, NCC)
** Accretion does not automatically become registered land. Registration of the said
alluvial property by the riparian owner must be sought to enjoy the imprescriptibility of
registered land.
** Accretion Benefits the riparian owner provided the following are present:
1. That the deposit be gradual and imperceptible
2. Resulted from the effects of the current of the water
3. Land where accretion takes place is adjacent to the bank of a river
** In this Title, “decedent” is the general term applied to the person whose property is
transmitted through succession, whether or not he left a will. If he left a will, he is also called
the testator.
**Testate Succession – succession which result from the designation of an heir made in a will
executed in the form prescribed by law.
Holographic
Notarial
**Intestate Succession – absence of an applicable valid will or qualified heir.
4. Expropriation proceedings
a. Public use: Republic vs. Heirs of S. Borbon, G.R. No. 165354, January 12, 2015.
b. Just compensation: Evergreen Manufacturing Corp. vs. Republic, G.R. No. 218628,
September 6, 2017.
- Expropriation is the act of a government claiming privately owned property against the
wishes of the owners, ostensibly to be used for the benefit of the overall public.
** Power of Eminent Domain - is a power inherent in the state where it sheds off its immunity from
suits while performing a government function because it submits to the jurisdiction of the court to
forcibly take private property for public purpose upon payment of just compensation.
5. Execution of judgment or forced sales (Sec. 1, Rule 39, 1997 Rules of Civil Procedure, as
amended) – judgement from the court
6. Tax sales:
a. Delinquent tax (Sec. 207B. , 213, RA 8424, as amended)
b. Delinquent real property taxes (sec. 258, R.A. 7160)
** Mortgagee / Creditor
**Mortgagor / Debtor