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On Lot 44, Block 2, Plan M-1999, a house and yard are occupied by Sienna Reyes, who has possessed the property for about 3 years. The parcel is titled in the name of her aunt, Elena Tan, who has been abroad for years and has not conveyed the property to Sienna. Elena’s brother, Nico Tan, returns and asserts ownership, and proceeds to erect a solid gate across the only driveway to the house, effectively blocking Sienna’s access and threatening immediate dispossession. Fearing loss of possession, Sienna files Accion Interdictal to preserve her possession while the main action for ownership or possession is heard.
(a) Identify the doctrine Sienna 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 Sienna’s Accion Interdictal? Explain why or why not, including any conditions (such as a bond) and the potential effect on Nico and third parties.