All ▸ Bar 2024 ▸ CIVIL LAW ▸ IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS ▸ G. Actions to Recover Ownership and Possession of Real Property ▸ 2. Accion Publiciana

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Subject: Actions to Recover Ownership and Possession of Real Property

Mr. Santos, the registered owner of a parcel of land located in Barangay San Isidro, has been in peaceful possession and occupancy of the said property for several years. However, he recently received a notice from Ms. Gomez claiming ownership over the same land and demanding that he vacate the premises immediately. Mr. Santos believes that he is the rightful owner of the land and is determined to protect his rights.

In light of the situation, Mr. Santos consults you, a legal expert, to seek advice on the appropriate legal remedy he can pursue to protect his ownership and possession of the real property in question. Specifically, he wants to know more about the remedy known as Accion Publiciana.

In light of Mr. Santos' consultation, discuss the following:

What is Accion Publiciana and what are its key features?
What are the requirements for filing an Accion Publiciana?
What is the nature and purpose of Accion Publiciana?
What is the difference between Accion Publiciana and Accion Reinvindicatoria?
Discuss the procedures and stages in a typical Accion Publiciana case.

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