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An accion reinvindicatoria is a suit which has for its object the recovery of possession over the real property as owner.
Also known as accion de reivindicacion, it is thus an action whereby plaintiff alleges ownership over a parcel of land
and seeks recovery of its full possession.
Jurisdiction over an accion reivindicatoria shall depend on the location of the realty and its assessed value. If the
property is located in Metro Manila and its assessed value does not exceed P50,000.00, jurisdiction is with the
Metropolitan Trial Courts. But if the assessed value of the realty exceeds 50,000.00, it is the Regional Trial Court
which exercises jurisdiction over an accion reivindicatoria. If the reality is, on the other hand, situated outside o
fMetro Manila, it is the Municipal Trial Courts which has jurisdiction if the assessed value thereof does not exceed
P20,000.00, otherwise, it is the Regional Trial Court which has jurisdiction.
In the case of Cutanda et al v. Heirs of Roberto Cutanda et a, it is settled that the remedies of accion publiciana or
accion reivindicatoria must be availed of within 10 years from dispossession. Under Art. 555(4) of the Civil Code, the
real right of possession is lost after the lapse of 10 years.
In relation to accion reivindicatoria, Article 434 of the New Civil Code provides that to successfully maintain an action
to recoverthe ownership of a real property, the person who claims a better right toit must prove two (2) things:
In an accion reinvindicatoria, the person who claims that he has a better right to the property must first fix the
identity of the land he is claiming by describing the location, area and boundaries thereof. The rule is that he who
claims to have a better right to the property must clearly show that the land possessed by the other party is the very
land that belongs to him.
In our jurisdiction, a certificate of title is considered as conclusive evidence of ownership of the land described
therein, the validity of which is not subject to collateral attack. Hence, as against an array of proofs consisting of tax
declarations and/or tax receipts which are not conclusive evidence of ownership nor proof of the area covered
therein, an original certificate of title indicates true and legal ownership by the registered owners over the disputed
premises.