ACCION PAULIANA – an action where the creditor files an action in court for the
rescission of acts or contracts entered into by the debtor designed to defraud the former
ACCION REIVINDICATORIA – an action where the plaintiff alleges ownership over a
parcel of land seeks recovery of its possession
ACCION SUBROGATORIA – an action where the creditor whose claims had not been
fully satisfied, may go after the debtors (third persons) of the defendant-debtor
ANNUITY – is any continuing payment with a fixed total amount
ANTI-CHRESIS – an agreement between the creditor and the debtor where the latter
gives the former the income from the property he/she has pledged in lieu of interest on
his/her debt
CARTE BLANCHE – complete freedom to act as one wishes or thinks best
CERTIORARI – a writ or order by which A higher court reviews a decision of a lower court
CLAIMS – a legal assertion or demand by a person who wants a payment, compensation or
reimbursement for a loss under a contract or an injury caused by negligence
COMMODATUM – a gratuitous contract involving a proper loan, that is, loan of a thing where
the obligation is to return the goods in exactly the form in which it was lent
CONSIGNATION – the act of depositing the object of obligation to the court if the creditor
unjustifiably refused to accept the same or not in the position to accept it due to some reason or
circumstances
CREDITOR – an individual or an entity to whom money is due; “pinagkakautangan”
DEBTOR – an individual or an entity that is in debt to another; “may utang”
DEPOSIT – to place for safekeeping or in trust by the depositor, without any reward and which to
be returned when the depositor shall require it
E-H
EQUITY – under the context of obligations and contract, equity is the money value of property
on top of claims, liens, or property mortgages; in its broadest definition, equity means fairness
I-L
INDEMNITY AGREEMENT – a contract where one party agrees to protect another party
against certain future claims or losses
INTESTATE SUCCESSION – the distribution when a person dies without leaving a valid will
for the spouse and heirs
LEGITIME – a portion of an estate which children or other close relatives can claim
against the decedent’s testament
LETTER OF CREDIT (L/C) – released by a bank in behalf of its client to ensure that
correct and prompt payment will be made to the supplier; when the buyer fails to make
payment on the purchase, the bank will be required to cover the amount of the purchase
LIENS – serves as a security for a debt or performance charge given by the debtor to
the creditor; it is the creditor’s qualified right over a specific property of his debtor
REMISSION – an act of liberality by virtue of which the obligee, without receiving any
price or equivalent, renounces the enforcement of the obligation, as a result of which it is
extinguished in its entirety or in that part or aspect of the same to which the remission
refers
RES JUDICATA – a Latin term for “a matter (already) judged”
SALE – a transfer of property of any kind or of services in exchange for money (or
anything of value) or other terms agreed and considered by both parties
SECURITY – serves as the assurance of a debt payment or a fulfillment of an obligation
STIPULATION POUR AUTRUI – a contract or provision in a contract that confers a
benefit on a third-party a cause of action against the promisor for specific performance
SUBPOENA DUCES TECUM – a writ ordering a person to attend a court and bring
relevant documents
SUBROGATION – the substitution of one person or group by another in respect of a debt
or insurance claim, accompanied by the transfer of any associated rights and duties
TESTAMENTARY SUCCESSION – refers to succession from a legally executed
testament
EQUITY – under the context of obligations and contract, equity is the money value of
property on top of claims, liens, or property mortgages; in its broadest definition, equity
means fairness
MORTGAGE – a document expressing the owner’s (mortgagor) will to pledge his/her
property title to a lender (mortgagee) as security for a loan according to a promissory note
MOTU PROPIO – a Latin term meaning “on his own impulse” that is used to refer to a
document that is issued and personally signed by the Pope which may contain
instructional or administrative matters of church law or governing bodies, or may be used
to grant a special favor
OBLIGEE – an individual or entity to whom one is under obligation based on a contract
or legal agreement
OBLIGOR – an individual or entity that is bound to another for a certain debt or duty by
means of a contract or legal agreement
ONUS PROBANDI – evidence or burden of proof
PAWNBROKER – a person who lends money at interest on the security of an article
pawned
PECUNIARY – anything relating to money; quantified in monetary terms
PENDENTE LITE – a Latin term referring to an order which in effect means “awaiting the
lawsuit or litigation”
PLEDGE – a serious promise, commitment or agreement to do or not do something
PRESTATION – a payment either in money or service; a performance of a duty whether
or not to do something as a fulfillment of an obligation
PROMISSORY NOTE – a signed document containing a written promise to pay a stated
sum to a specified person or the bearer at a specified date or on demand
Accion publiciana (action with notice to the public) is a remedy to
recover a better right to possess (de jure). The only issue is, "Who has the
better right of possession?" It is also an action for ejectment not filed
within one (1) year. It has a prescription period of ten (10) years.
There are four (4) remedies available to one who has been deprived of
possession of real property. These are:
(1) an action for unlawful detainer;
(2) a suit for forcible entry;
(3) accion publiciana; and
(4) accion reinvidicatoria. (
G.R. No. 171277; February 15, 2007)
In unlawful detainer and forcible entry cases, the only issue to be
determined is who between the contending parties has better possession
of the contested property. Pursuant to Section 33 (2) of Batas Pambansa
(BP) Blg. 129, as amended by Section 3 of Republic Act No. 7691, it is
the Municipal Trial Courts, Metropolitan Trial Courts in Cities,
and Municipal Circuit Trial Courts that exercise exclusive original
jurisdiction over these cases. The proceedings are governed by the
Rule on Summary Procedure, as amended.
By contrast, an accion publiciana, also known as accion plenaria de
posesion, is a plenary action for recovery of possession in an ordinary
civil proceeding in order to determine the better and legal
right to possess, independently of title.
There are two distinctions between the summary ejectment suits
(unlawful detainer and forcible entry) and accion publiciana. The first
lies in the period within which each one can be
instituted. Actions for unlawful detainer and forcible entry
must be filed within one year from the date possession is lost,
while an accion publiciana may be filed only after the expiration of that
period but within the period prescribed in the statute of limitations. The
second distinction involves jurisdiction. An accion publiciana may
be filed with the proper trial course, based on the real estate's
assessed value, while a complaint for unlawful detainer or forcible
entry may only be filed with the first level courts earlier mentioned.
An accion reinvidicatoria, unlike the three remedies previously
discussed, involves not only possession, but ownership of the
property. In this case, the plaintiff in this action sets up title in him and
prays that he be declared the owner and be given possession thereof.
Otherwise put, the plaintiff alleges ownership of real property and prays
for recovery of such ownership. Under Article 434 of the Civil Code, two
things must be alleged and proven in an accion reinvidicatoria: (1) the
identity of the property and (2) plaintiff’s title to it.
It used to be that the sole and exclusive jurisdiction over cases for
accion reinvidicatoria was vested in the RTC. Due to
amendments done by Congress to the BP 129, the proper trial
court is determined by the assessed value as alleged.
We are guided by the elementary principle that what
determines the nature of an action as well as which court has
jurisdiction over it are the allegations of the complaint and the
character of the relief sought. (G.R. No. 171277; February 15, 2007)