This case has been cited 1 times or more.
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2015-07-08 |
BERSAMIN, J. |
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| The complaint filed by the petitioners in the RTC to recover the subject properties is properly characterized as an accion reivindicatoria. According to Cañezo v. Bautista,[31] an "[a]ccion reivindicatoria seeks the recovery of ownership and includes the jus utendi and the jus fruendi brought in the proper regional trial court. Accion reivindicatoria is an action whereby plaintiff alleges ownership over a parcel of land and seeks recovery of its full possession." In essence, the petitioners seek to put an end to Anacleto's possession of the properties on the basis of their being the rightful heirs considering that Anacleto, being the spurious child of Nicolas, held no successional rights in the estate of Nicolas. | |||||