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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 ▸ 3. Accion Reivindicatoria

Question

Subject: Actions to Recover Ownership and Possession of Real Property


Scenario:

Mr. Santos, a prominent businessman, purchased a residential property located in Manila from Mr. Rodriguez. The property was registered in Mr. Santos' name under Transfer Certificate of Title (TCT) No. 12345.

Recently, Mr. Santos discovered that his property has been occupied and claimed by an unauthorized person named Mr. Cruz. Despite several demands to vacate the property, Mr. Cruz refuses to leave and insists that he is the rightful owner. Mr. Santos wishes to assert his ownership and recover possession of the property.

Question:

What legal action can Mr. Santos file to recover ownership and possession of the real property from Mr. Cruz, and what are the essential elements, requirements, and remedies of such action?



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Bar Review Question: Subject: Actions to Recover Ownership and Possession of Real Property Scenario: Mr. Santos, a pr