MANILA, Philippines — The Supreme Court has clarified that landowners may properly file an accion publiciana to recover possession of property, even if the case is filed within a year from the alleged dispossession, provided that there is no claim of force, intimidation, stealth, or unlawful strategy.
The ruling stemmed from the case of Lea Victa-Espinosa, who purchased a property in Cavite that was later occupied by spouses Noel and Leny Agullo.
After her demand for them to vacate went unanswered, Espinosa filed an accion publiciana before the Regional Trial Court (RTC). The RTC dismissed the case, ruling that it should have been an ejectment suit, while the Court of Appeals reclassified it as an accion reivindicatoria focusing on ownership.
In its April 22, 2025 decision, the Supreme Court overturned both rulings, holding that Espinosa had not alleged forcible entry or stealth and was correct to pursue an accion publiciana. The case has been remanded to the trial court for further proceedings.
| via Eldrick Louh Ignacio, Pressroom PH
