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All ▸ Bar 2024 ▸ CIVIL LAW ▸ IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS ▸ G. Actions to Recover Ownership and Possession of Real Property ▸ 1. Accion Interdictal

Question

Subject: Actions to Recover Ownership and Possession of Real Property

Scenario:

Mr. Santos is the owner of a residential property located in the heart of the city. One day, he discovered that Mr. Ramirez has unlawfully occupied and claimed ownership of his property without his consent. Mr. Santos wants to take immediate action to recover both the ownership and possession of his real property.

Question:

  1. What is Accion Interdictal in relation to the recovery of real property in the Philippines?
  2. Considering the given scenario, can Mr. Santos file an Accion Interdictal? Explain your answer.
  3. What are the essential elements that Mr. Santos needs to prove to succeed in his Accion Interdictal case?
  4. What specific remedies can the court grant in an Accion Interdictal case?
  5. Discuss any defenses that Mr. Ramirez can raise to avoid being evicted from the property.


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Bar Review Question: Subject: Actions to Recover Ownership and Possession of Real Property Scenario: Mr. Santos is the