The Supreme Court has upheld property owner Lea Victa-Espinosa’s right to pursue an accion publiciana to recover a portion of her Cavite lot occupied by spouses Noel and Leny Agullo.
In a decision penned by Associate Justice Ricardo Rosario, the Court explained that while ejectment suits apply within one year in cases of forceful or stealthy entry, accion publiciana may be filed even earlier if such circumstances are absent.
The ruling came after the RTC dismissed Espinosa’s case as premature and the Court of Appeals reclassified it as an accion reivindicatoria.
The High Court clarified distinctions between remedies: ejectment for unlawful possession within a year, accion publiciana for possession disputes beyond or without forceful entry, and accion reivindicatoria for claims involving both ownership and possession.
The RTC was directed to proceed with the trial and resolve Espinosa’s complaint.
Source: PhilNews24 | September 3, 2025
