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Philippine Bar review · Question

Practice question: Accion Reivindicatoria

Multiple Choice Hard

Practice question

A pleading primarily seeks recovery of ownership and possession of a parcel but is captioned a personal money dispute. The plaintiff insists the caption alone removes all real-action assessed-value requirements. Which is best?
  1. Examine the actual allegations and principal recovery relief rather than let the caption alone control.
  2. Any money caption necessarily overrides the actual ownership claim.
  3. The plaintiff may create subject-matter jurisdiction by labeling alone.
  4. A parcel becomes cash merely because the caption says so.
  5. Only the number of defendants determines the action's nature.

Legal references

  • Civil Code Articles434,583-590,622-624 and631: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • RA11576 Sections1-2, current assessed-value allocation: https://lawphil.net/statutes/repacts/ra2021/ra_11576_2021.html
  • Spouses Veloso v. BDO, G.R.256924, June14,2023, MAIN, assessed-value allegation and annexes in real actions: https://lawphil.net/judjuris/juri2023/jun2023/gr_256924_2023.html

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