Question

Subject: Actions to Recover Ownership and Possession of Real Property

Topic: Accion Publiciana

You are a lawyer representing Mr. Santos, who is seeking to recover ownership and possession of a parcel of land. The land in question was previously owned by his family and has been occupied by the defendant, Ms. Ramirez, for the past ten years. Mr. Santos wants to file an accion publiciana to regain control over the property.

Based on the given scenario, answer the following question:

1. What is the nature and purpose of an accion publiciana? Discuss its key elements and requirements.
2. Enumerate and explain the steps involved in filing an accion publiciana, from the initiation of the case up to the enforcement of the judgment.
3. What are the possible defenses that Ms. Ramirez can raise in opposing the accion publiciana? Explain each defense and its corresponding legal basis.
4. In the event that Mr. Santos successfully obtains a favorable judgment, how can he enforce the decision and take possession of the property?