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Philippine Bar review · Question

Practice question: Accion Publiciana

Multiple Choice Hard Jurisprudence

Practice question

An owner seeks restoration of possession after more than one year of known unlawful dispossession. The pleaded case falls outside the summary ejectment remedy and seeks adjudication of the better right to possess, not a final ownership declaration. Which action ordinarily fits, subject to the other requirements?
  1. Any delayed claim must be dismissed forever
  2. Forcible entry can always be filed without a time limit
  3. Accion publiciana before the court determined by the applicable jurisdictional facts
  4. Only probate
  5. Only a criminal complaint

Legal references

  • https://lawphil.net/statutes/repacts/ra2021/ra_11576_2021.html — RA 11576, sections 1–2, assessed-value jurisdiction
  • https://lawphil.net/judjuris/juri2022/dec2022/gr_241507_2022.html — G.R. No. 241507, December 7, 2022, nature of accion publiciana
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64941 — Miranda v. Spouses Mallari, G.R. No. 218343, accion publiciana where ejectment allegations are absent

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