Practice question
An owner was completely dispossessed months ago. The occupant now holds the property under a claim of ownership. No fresh invasion or imminent threat is occurring. The owner proposes an armed nighttime entry solely to recover possession, invoking Article 429. Which advice correctly applies Articles 429 and 433?
- Ownership authorizes force whenever the owner chooses
- The occupant's claim conclusively extinguishes the owner's title
- The owner should pursue judicial recovery; Article 429 does not authorize this delayed forcible repossession
- The owner may burn the house if title is genuine
- Possession makes every occupant the registered owner
Legal references
- Civil Code Articles 427–434: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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