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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 ▸ 2. Accion Publiciana

Question

Sure, here is the question: Subject: Actions to Recover Ownership and Possession of Real Property

Mr. Santos leased a residential property to Ms. Reyes. The lease agreement specified a term of one year, with an option to renew for another year upon mutual agreement. After the expiration of the initial lease term, Ms. Reyes continued to occupy the property without renewing the lease.

Mr. Santos wanted to regain ownership and possession of the property. He filed a case in court seeking the recovery of the property. Considering the given scenario, answer the following questions:

  1. What is the proper action that Mr. Santos should file in order to recover the property?
  2. What are the essential elements that Mr. Santos needs to prove in order to succeed in his action?
  3. Explain the concept of "accion publiciana" and its applicability in this case.
  4. Discuss the jurisdiction and venue of the action filed by Mr. Santos.
  5. What damages, if any, can Mr. Santos claim in his action?


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Bar Review Question: Sure, here is the question: Subject: Actions to Recover Ownership and Possession of Real Property