Practice question
In an ownership action, the plaintiff proves that the defendant’s asserted deed is weak but supplies no sufficient basis for the plaintiff’s own ownership. May the plaintiff necessarily recover on that showing alone?
- Yes, the weaker defendant always loses ownership to the plaintiff
- Yes, every possessor with a defective deed must transfer to any claimant
- No, Article 434 still requires the plaintiff to establish the strength of the plaintiff’s own title
- Yes, the court may select any new owner
- Yes, a complaint alone is title
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 434
- https://lawphil.net/statutes/repacts/ra2021/ra_11576_2021.html — RA 11576, sections 1–2
- https://lawphil.net/judjuris/juri2023/jun2023/gr_256924_2023.html — Spouses Veloso v. Banco de Oro Unibank, Inc., G.R. No. 256924, June 14, 2023
- https://lawphil.net/judjuris/juri2012/nov2012/gr_169380_2012.html — G.R. No. 169380, distinction among ejectment, publiciana and ownership recovery
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