What is accion publiciana?

Accion publiciana (action with notice to the public) is a remedy to recover a better right to possess (de jure). The only issue is, "Who has the better right of possession?" It is also an action for ejectment not filed within one (1) year. It has a prescription period of ten (10) years.

There are four (4) remedies available to one who has been deprived of possession of real property. These are: (1) an action for unlawful detainer; (2) a suit for forcible entry; (3) accion publiciana; and (4) accion reinvidicatoria. (G.R. No. 171277; February 15, 2007)

In unlawful detainer and forcible entry cases, the only issue to be determined is who between the contending parties has better possession of the contested property. Pursuant to Section 33 (2) of Batas Pambansa (BP) Blg. 129, as amended by Section 3 of Republic Act No. 7691, it is the Municipal Trial Courts, Metropolitan Trial Courts in Cities, and Municipal Circuit Trial Courts that exercise exclusive original jurisdiction over these cases. The proceedings are governed by the Rule on Summary Procedure, as amended.

By contrast, an accion publiciana, also known as accion plenaria de posesion, is a plenary action for recovery of possession in an ordinary civil proceeding in order to determine the better and legal right to possess, independently of title.

There are two distinctions between the summary ejectment suits (unlawful detainer and forcible entry) and accion publiciana. The first lies in the period within which each one can be instituted. Actions for unlawful detainer and forcible entry must be filed within one year from the date possession is lost, while an accion publiciana may be filed only after the expiration of that period but within the period prescribed in the statute of limitations. The second distinction involves jurisdiction. An accion publiciana may be filed with the proper trial course, based on the real estate's assessed value, while a complaint for unlawful detainer or forcible entry may only be filed with the first level courts earlier mentioned.An accion reinvidicatoria, unlike the three remedies previously discussed, involves not only possession, but ownership of the property. In this case, the plaintiff in this action sets up title in him and prays that he be declared the owner and be given possession thereof. Otherwise put, the plaintiff alleges ownership of real property and prays for recovery of such ownership. Under Article 434 of the Civil Code, two things must be alleged and proven in an accion reinvidicatoria: (1) the identity of the property and (2) plaintiff’s title to it.

It used to be that the sole and exclusive jurisdiction over cases for accion reinvidicatoria was vested in the RTC. Due to amendments done by Congress to the BP 129, the proper trial court is determined by the assessed value as alleged.

We are guided by the elementary principle that what determines the nature of an action as well as which court has jurisdiction over it are the allegations of the complaint and the character of the relief sought. (G.R. No. 171277; February 15, 2007)