What is accion reivindicatoria?

Accion reivindicatoria (action to vindicate) is a remedy to recover immovable property. This action involves recovery of ownership of real property, including but not limited to possession. This action has a prescription period of 30 years.Accion publiciana is the plenary action to recover the right of possession which should be brought in the proper trial court when dispossession has lasted for more than one year. It is an ordinary civil proceeding to determine the better right of possession of realty independently of title. In other words, if at the time of the filing of the complaint more than one year had elapsed since defendant had turned plaintiff out of possession or defendant’s possession had become illegal, the action will be, not one of the forcible entry or illegal detainer, but an accionpubliciana. On the other hand, accion reivindicatoria is an action to recover ownership also brought in the proper regional trial court in an ordinary civil proceeding. (G.R. No. 132424 May 2, 2006)

The present case, while inaccurately captioned as an action for a "Writ of Demolition with Damages" is in reality an action to recover a parcel of land or an accion reivindicatoria under Article 434 of the Civil Code. Article 434 of the Civil Code reads: "In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant’s claim." Accion reivindicatoria seeks the recovery of ownership and includes the jus utendi and the jus fruendi brought in the proper trial court. Accion reivindicatoria is an action whereby plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession. (G.R. No. 170189; September 1, 2010)

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