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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Eduardo, owner of Lot 51 described in TCT No. 123456, files in the Regional Trial Court a complaint for reivindicatoria against his cousin Adrian to recover ownership and possession of the land. Adrian has possessed the land since 1995 and asserts that he acquired ownership by prescription; he prays that Eduardo's title be dismissed. The complaint seeks relief involving title and possession only and does not plead damages or any contractual obligation. (a) Identify the central doctrine involved. (b) Distinguish the real-action rule from the personal-action rule. (c) Apply to the facts and determine which classification and which remedy should govern.

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Central doctrine involved: personal-action rule; classification: personal action; remedy: damages. Central doctrine involved: the real-action rule; classification: real action (reivindicatoria) to recover ownership and possession; remedy: reivindicatoria (title and possession). Central doctrine involved: indefeasibility of Torrens title; classification: real action; remedy: cancellation of title. Central doctrine involved: action to quiet title; classification: real action; remedy: quieting of title.

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