In Philippine property law, the ideal scenario for a buyer is to receive both the Deed of Absolute Sale and the immediate physical delivery of the property. However, situations often arise where a buyer holds a valid deed but cannot take actual possession—perhaps due to squatters, holdover tenants, or a seller who refuses to vacate.

Understanding your legal standing requires navigating the Civil Code and relevant jurisprudence to ensure your "paper title" translates into enforceable ownership.

1. The Legal Effect of a Public Instrument

Under Article 1498 of the Civil Code of the Philippines, when a sale is made through a public instrument (a notarized Deed of Absolute Sale), the execution of that document is generally equivalent to the delivery of the thing which is the object of the contract.

Constructive Delivery: This is the legal fiction where the law deems the property "delivered" the moment the deed is notarized.
The Exception: Constructive delivery does not apply if the deed itself or the circumstances show that the parties did not intend for delivery to take place, or if there is a legal impediment that prevents the vendor from handing over control (e.g., a third party is claiming adverse ownership).

2. Ownership vs. Possession

It is a fundamental principle in the Philippines that ownership is different from possession.

Ownership (Jus Possidendi): Your right to possess the property because you own it.
Possession (Jus Possessionis): The actual, physical occupation of the property.

Even without physical possession, a valid Deed of Sale makes you the owner. As the owner, you possess the "right of action" to evict anyone currently occupying the land without a valid legal title.

3. Remedies to Gain Possession

If you hold the deed but are blocked from entering the property, you must resort to judicial processes. You cannot forcibly eject occupants, as this could lead to criminal charges for Grave Coercion or Physical Injuries.

A. Accion Interdictal (Ejectment)

This is a summary court proceeding for the rapid recovery of physical possession.

Forcible Entry: Used if you were in possession and were deprived of it by force, intimidation, strategy, or stealth.
Unlawful Detainer: Used if the occupant’s initial possession was legal (like a tenant or the seller) but became illegal because their right to stay has expired or been terminated.
Prescription: Must be filed within one (1) year from the date of the last demand to vacate or from the date of entry.

B. Accion Publiciana

If more than one year has passed since the illegal possession began, you must file an Accion Publiciana. This is a plenary action to recover the better right of possession. It is filed in the Regional Trial Court (RTC) and focuses on who has the superior legal right to hold the property.

C. Accion Reinvidicatoria

If the occupant is not just staying there but is also claiming they own the land, you file an Accion Reinvidicatoria. This is an action to recover full ownership, including possession. This is the most comprehensive remedy.

4. Risks of Non-Possession: The "Double Sale" Trap

The greatest risk of holding a deed without possession is Article 1544 of the Civil Code (Double Sale). If the seller sells the same land to two different people, the law determines the winner based on a specific hierarchy:

The first to register the sale in good faith with the Registry of Deeds.
If no registration, the first to take physical possession in good faith.
If no possession, the person who presents the oldest title (the first deed) in good faith.

Critical Note: If you have the deed but another buyer moves in physically and registers the land before you, you may lose your right to the property entirely, despite having the earlier deed.

5. Necessary Steps to Secure Your Rights

If you cannot take possession immediately, you must perform these "acts of ownership" to protect your interest:

Register the Deed Immediately: Proceed to the Registry of Deeds to have the sale annotated on the Transfer Certificate of Title (TCT). Registration is the most powerful "constructive notice" to the whole world of your claim.
Pay Real Property Taxes: Transfer the Tax Declaration to your name and pay the annual taxes. In Philippine courts, tax receipts are strong evidence of a "bona fide" claim of ownership.
Issue a Formal Demand Letter: Send a notarized demand to vacate to the current occupants via registered mail. This establishes the "start date" for an Unlawful Detainer case.
Secure the Title: If the property is untitled (Tax Declaration land only), ensure you file for a "Notice of Adverse Claim" to prevent others from claiming the land through acquisitive prescription.

Summary Table of Actions

Situation	Proper Legal Action	Court
Occupant stayed after sale	Unlawful Detainer	MTC (within 1 year)
Occupant entered by force	Forcible Entry	MTC (within 1 year)
Occupant stayed > 1 year	Accion Publiciana	RTC
Occupant claims ownership	Accion Reinvidicatoria	RTC