Ownership Flashcards
What is an ownership?
Ownership is the independent and general right of a person to control a thing particularly in his possession, enjoyment, disposition, and recovery subject to restrictions imposed by the state or private persons, or by law.
What are the rights of an owner over his property?
An owner has a right to enjoy, dispose, and recover his property.
What is the action to recover personal property? Explain briefly.
The right to action to recover personal property is replevin.
Replevin is defined as an action for provisional remedy where the complainant prays for the recovery of the possession of his personal property.
With regards to the action of forcible entry over real property, what is its definition, prescriptive period, and issues involved therein? Which court should it be filed?
Forcible entry is an action to recover material or physical possession of a real property when a person originally in possession was deprived thereof by force, intimidation, threat, strategy, or stealth.
For the prescription, the action must be brought within one year from the dispossession. In cases of dispossession by strategy or stealth, the counting of the start of the period starts from the discovery of the strategy or stealth.
The issues involved in this action is merely the physical possession and not juridical possession or ownership.
It should be filed before the municipal trial court.
With regards to the action of unlawful detainer over real property, what is its definition, prescriptive period, and issues involved therein? Which court should it be filed?
Unlawful detainer is the action that must be brought when possession by a landlord, vendor, vendee, or other person of any land or building is being unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, expressed or implied.
For the prescription, the action must be brought within one year from the time possession become unlawful. In cases of lease contract, the prescription period starts upon the end of the contract. Otherwise, if there’s no lease contract, the prescription period starts at the demand of the landlord.
The issues involved in this action is merely the material possession and not juridical possession or ownership.
It should be filed before the municipal trial court.
With regards to the action of accion publiciana over real property, what is its definition, prescriptive period, and issues involved therein? Which court should it be filed?
Accion Publiciana is intended for the recovery of the better right to possess. If one year has already elapsed from the dispossession, and the owner or original possessor has not instituted unlawful detainer or forcible entry, they can avail for this action.
It must be brought within a period of ten years, otherwise, the real right of possession is lost.
The issues involved in this action is not material possession, but juridical possession.
It should be filed before the regional trial court.
With regards to the action of accion reinvindicatoria over real property, what is its definition, prescriptive period, and issues involved therein? Which court should it be filed?
Accion Reinvindicatoria is defined as an action to recover ownership of the real property.
It must be brought within a period of ten years (if the party seeks to obtain ownership by ordinary prescription) or thirty years (if the party seeks to obtain ownership by extraordinary prescription).
The issues involved in this action is ownership of the property.
It should be filed before the regional trial court.
What is the doctrine of self-help?
An owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal of it. Because of this, the owner or lawful possessor may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.
What is the doctrine of state of necessity?
An owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger, and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited indemnity for the damage to him.
What is the power of imminent domain and the the police power of the State in relation to ownership?
In the exercise of its power of imminent domain, no person shall be deprived of his property except by competent authority and for public use and always upon just compensation.
In the exercise of its police power, if the property is seized by competent authority in the interest of health, safety or security, no compensation is given to the owner.
With regards to treasures, what are the provisions?
General Rule: Treasures belongs to the owner of the land where it is found.
Instances:
(1) If found on the property of another or State, half is given to the finder, unless the finder is a trespasser.
(2) If the treasure is of interest to science or arts, State may acquire the treasure at a just price.
