Legal Remedies For Property Lost

Philippine Civil Law offers property owners several remedies in order for them to recover their dispossessed property. The remedies available differ according to the nature of the property sought to be recovered. For personal properties or those that can be transported or brought from one place to another, Rule 60 of the Rules of Court allows owners the remedy of filing a replevin action. Replevin is a remedy aimed at recovering personal property.

• Accion Publiciana is an action to recover the possession of a real property. Such an action may only be availed of if what is sought to be recovered is mere possession and not ownership. A property owner is allowed to bring such an action before the expiration of 10 years after which, the said remedy shall be considered prescribed.


• Accion Reinvindicatoria is an action to recover ownership over real property. Such an action must be brought before the operation of acquisitive prescription.


• Accion Interdictal refers to the twin remedies of Forcible Entry and Unlawful Detainer. These summary remedies are aimed at recovering possession. For Forcible entry, it is a requisite that the owner lost prior possession through force, intimidation, strategy, threat or stealth. For Unlawful detainer, it is required that possession is initially lawful but thereafter becomes unlawful due to the expiration of the contract which previously granted the right to possess the property.