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On Lot 12, Block 3, Plan Y-2010, a house and yard are occupied by Liza Torres, who has possessed the property for about 5 years. The parcel is titled in the name of her cousin, Diego, who has lived abroad for years and has not conveyed the property to Liza. A relative of Diego, Marco, returns and asserts ownership, and proceeds to erect a barrier at the gate, effectively cutting off Liza’s access to the house. Fearing immediate dispossession, Liza files Accion Interdictal to preserve her possession while the main action for ownership or possession is heard.
(a) Identify the doctrine Liza invokes and state its purpose and scope.
(b) Distinguish Accion Interdictal from related possessory remedies and actions (e.g., actions to recover possession, reivindicatoria), noting the controlling rule and when each is appropriately used.
(c) Apply the doctrine to the facts: should the court grant Liza’s Accion Interdictal? Explain why or why not, including any conditions (such as a bond) and the potential effect on Marco and third parties.