How to Evict Previous Occupants After a Pag-IBIG Foreclosure Sale (Philippine Context)

Evicting former occupants after a Pag-IBIG (Home Development Mutual Fund/HDMF) foreclosure can be straightforward if you understand the legal framework and pick the right remedy. This article walks you through the end-to-end process—from the day of the foreclosure sale through actual turnover of possession—together with practical tips, common pitfalls, and document checklists. It is written for buyers of foreclosed Pag-IBIG/HDMF properties (including end-users who bought Pag-IBIG “acquired assets”), mortgagees, and counsel handling post-sale possession.

I. Legal Framework at a Glance

Governing laws

Act No. 3135 (as amended by Act No. 4118): Extrajudicial foreclosure of real estate mortgages; governs the writ of possession.
Rules of Court (Rule 39 on execution; Rule 70 on ejectment): Execution mechanics and unlawful detainer/forcible entry.
Property and Civil Law principles: Ownership, possession, leases, better right to possess.
Other special statutes and guidelines (as applicable):
- UDHA (Urban Development and Housing Act) on demolition/eviction safeguards for informal settlers.
- Katarungang Pambarangay Law on barangay conciliation (with exceptions).
- Land Registration rules (PD 1529) for consolidation and issuance of new title.

Key concepts

Certificate of Sale (COS): Issued after auction to the highest bidder; registered with the Registry of Deeds.
Redemption period: Generally one (1) year from registration of the COS in extrajudicial foreclosure. During this window, the mortgagor (or successor) may redeem.
Consolidation of ownership: If no redemption within the period, the purchaser consolidates ownership and a new TCT/CCT is issued.
Possession vs. ownership: Winning the auction (or later buying the acquired asset) does not automatically deliver physical possession. You usually need a court remedy to oust hold-overs.

II. Choosing the Right Remedy

A. Petition for Writ of Possession (primary, fastest in most cases)

What it is: A summary, often ex parte, petition asking the Regional Trial Court (RTC) where the property lies to order the sheriff to place the purchaser in possession.

When available:

Within the redemption period: You may ask for a writ upon posting a bond (typically equal to the use/occupancy value) to answer for damages if the sale is later annulled.
After the redemption period lapses with no redemption: Issuance of the writ is a matter of right and no bond is required.

Limits/exceptions: The writ does not issue if the occupant is a third party in actual adverse possession whose claim is independent of the mortgagor (e.g., someone who possessed before the mortgage, or who claims ownership by title separate from the mortgagor). In that case, you must sue in ejectment or a plenary action.

B. Unlawful Detainer (Rule 70) in the MTC

What it is: A summary action to evict a possessor whose initial occupancy was lawful (e.g., as owner/borrower/lessee tolerated by owner) but became unlawful upon demand to vacate.

When used:

Occupants are the borrower/mortgagor or successors who stayed after foreclosure; or buyers let them stay temporarily.
File within one (1) year from last demand to vacate.

Why choose this: Available even when there are factual disputes; the Municipal Trial Court has jurisdiction regardless of the property’s value.

C. Forcible Entry (Rule 70)

Used if you were dispossessed by force, intimidation, threat, strategy, or stealth. Must be filed within one (1) year from dispossession.

D. Acción Publiciana / Reivindicatoria (plenary actions in RTC)

If more than a year has lapsed (no longer under Rule 70), or the adverse possessor’s claim is complex/ownership-based, file:

Acción publiciana (recovery of the right to possess), or
Acción reivindicatoria (recovery of ownership and possession).

III. Step-by-Step Playbook (From Sale to Turnover)

Step 1: Secure and register the Certificate of Sale

Obtain COS from the sheriff/notary who conducted the sale.
Register with the Registry of Deeds (RD) covering the property. The redemption period runs from RD registration date on the COS.

Step 2: Serve a Formal Demand to Vacate

Even if you plan to file for a writ of possession, send a written demand. It:
- Starts the one-year clock for unlawful detainer (backup remedy).
- Establishes that continued possession is by tolerance only.
Give a reasonable period to vacate (e.g., 5–15 days), unless your situation requires urgency.

Include in the demand:

Your basis (purchase at foreclosure / deed of sale from Pag-IBIG).
COS registration date; status of redemption period.
A clear deadline and your intent to file court action if ignored.
Delivery by registered mail and personal service if possible; keep proof.

Step 3: Choose and file the remedy

A. Writ of Possession (RTC): Documents checklist:

Petition (ex parte; verified).
COS and RD annotation.
Affidavit of Non-Redemption or proof of lapse of the one-year period; or bond if within redemption.
New title (TCT/CCT) if you already consolidated (post-redemption).
Tax declaration, location map, pictures, and sheriff’s return from any prior attempts (optional but helpful).
Proof of demands to vacate (not legally indispensable for writ, but persuasive).

Flow:

File petition with the RTC of the place where the property is located (often as a land registration case).
Court issues an order/writ; sheriff implements.
Sheriff may require expenses deposit (for guards, transport, posting).
Sheriff conducts posting of notices and schedules turnover; may break open if necessary, with proper inventory and presence of witnesses.

B. Unlawful Detainer (MTC): Documents checklist:

Complaint with jurat.
Proof of prior lawful possession/tolerance and last demand to vacate (dates are critical).
Title/COS, basic property proof, and photos.

Flow:

Barangay conciliation (pre-condition) unless an exemption applies (e.g., parties in different cities/municipalities; the plaintiff is a government instrumentality; or immediate court action needed). If required, obtain a Certificate to File Action.
File in the MTC of the property’s location.
Avail of Summary Procedure; aim for judgment with immediate execution (Rule 70 allows immediate execution upon posting of bond even if appealed).

Step 4: Execution and Sheriff’s Turnover

For either a writ of possession or a judgment in ejectment, coordinate with the sheriff on:
- Entry date and time, security, and locksmith.
- Inventory of movables; allow occupants to retrieve personal items.
- UDHA safeguards (see below) where applicable.

IV. Special Situations & How to Handle Them

1) Third-party possessors with independent claims

Example: A person claiming ownership by a prior sale or who has been in open possession before the mortgage.
Effect: Writ of possession may be denied as against them. Use ejectment or a plenary action to try title/possession issues.
Tip: Do a pre-filing ocular and interview neighbors; annex affidavits to anticipate this defense.

2) Leases and occupants claiming to be tenants

A lease junior to the mortgage is generally not binding on the purchaser at foreclosure; the lease is extinguished by the foreclosure sale, subject to equity considerations.
A lease senior to the mortgage continues; you may need to respect its term or prove bad faith/invalidity.

3) Informal settlers / UDHA compliance

The UDHA and implementing rules require humane procedures for eviction and demolition (e.g., 30-day written notice, presence of LGU social workers, proper relocation efforts in mass demolitions).
Sheriff-led enforcement of a writ of possession will still observe due process and safety protocols. Coordinate early with the LGU and barangay.

4) Pending suits attacking the foreclosure

As a rule, courts still issue the writ of possession despite a separate case to annul the foreclosure, absent an injunction. However, an issued TRO/Preliminary Injunction will hold implementation.
Tip: Attach a certification that no injunctive writ has been issued, or disclose any related cases to avoid accusations of forum shopping.

5) After-sale buyer of Pag-IBIG acquired assets

If you bought a Pag-IBIG “acquired asset,” you stand in the shoes of the purchaser. Obtain from Pag-IBIG:
- Your Deed of Sale and proof that ownership has been transferred/annotated.
- Any turnover packet (past demands, photos, inspection notes).
You may file the same writ of possession or ejectment actions in your own name as registered owner or beneficial owner with proof of right.

6) Criminal complaints vs. civil eviction

Trespass is usually not the right first move against hold-over mortgagors; courts expect you to use civil remedies for possession. Reserve criminal actions for clear new intrusions or criminal acts.

V. Jurisdiction & Venue Cheat Sheet

Writ of Possession: RTC where the property is located (sitting as land registration court).
Unlawful Detainer / Forcible Entry: MTC where the property is located (summary procedure).
Acción Publiciana/Reivindicatoria: RTC (ordinary civil action), venue at property’s location.

VI. Timelines You Should Track

COS registration date → +1 year: End of redemption period.
Demand to vacate date → +1 year: Final day to file unlawful detainer.
1-year limit for forcible entry counted from date of dispossession.
Appeals: Ejectment decisions are immediately executory upon bond despite appeal; protect this advantage.

VII. Practical Tips for a Smooth Turnover

Paper first, locks later. Keep originals and certified copies of COS, title, and IDs handy for the sheriff and barangay.
Document occupancy. Photos/video of who is in possession and when; note plate numbers of vehicles.
Be humane. Offer reasonable time to remove personal effects. Consider a cash-for-keys arrangement if it accelerates peaceful turnover (put it in writing).
Coordinate with the barangay/LGU. They ease compliance with UDHA protocols, crowd control, and social services.
Budget for sheriff’s expenses. Expect deposits for transport, posting, and manpower.
Insurance & utilities. Once in possession, change locks, transfer utilities, and insure promptly.

VIII. Common Pitfalls (and How to Avoid Them)

Filing the wrong case. If a credible third-party adverse possessor exists, a writ petition may be denied; prepare to file ejectment or a plenary suit.
Missing the detainer window. If you blow the one-year period from last demand, you lose the summary route and must file a plenary action.
Ignoring UDHA safeguards. Even with a writ, unsafe or non-compliant evictions can trigger liability and delay.
Assuming Pag-IBIG will evict for you. If you’re the subsequent buyer, you (not HDMF) usually prosecute the eviction unless your contract says otherwise.
No bond during redemption. If you seek a writ within the redemption period, post the bond; otherwise the writ may not issue.

IX. Document Checklists

A. Writ of Possession (RTC)

Verified Petition (alleging foreclosure, sale, registration, lapse of redemption or bond).
Certificate of Sale with RD annotation.
Affidavit of Non-Redemption / Proof of lapse of the redemption period, or Writ-of-possession bond (if inside redemption).
New TCT/CCT (if consolidated).
Tax Dec/Real property tax receipts (optional).
Demand to Vacate + proof of service (optional but helpful).
Photos/ocular (optional).
Related-case certification (no injunction).

B. Unlawful Detainer (MTC)

Complaint with verification/certification against forum shopping.
Demand to Vacate (with proof and dates).
Proof of right: COS/Title/Deed of Sale.
Barangay Certificate to File Action (if required).
Photos/affidavits.

X. Sample Demand to Vacate (Short Form)

Re: Demand to Vacate – [Property address/TCT No.] Dear [Name of Occupant], We purchased the property at [address] at the extrajudicial foreclosure sale conducted on [date]. The Certificate of Sale was registered on [date]. The redemption period has [lapsed on __ / will lapse on ]. We hereby terminate any tolerance and demand that you vacate and peacefully turn over possession **within [] days** from receipt. Failing this, we will file the appropriate action (writ of possession/unlawful detainer) without further notice. Please remove all personal belongings and surrender the keys to [contact]. Sincerely, [Name, capacity, contact details]

(Serve by personal service and registered mail; keep proofs.)

XI. Frequently Asked Questions

Q1: Can I file for a writ of possession even if someone else (not the borrower) is living there? A: Yes, but if that person proves an independent adverse claim existing before the mortgage, the court may refuse to enforce the writ against them. Be ready to pivot to ejectment or a plenary suit.

Q2: Do I need to consolidate title before asking for a writ? A: After the redemption period, consolidation and issuance of a new title are best practice and often expected. Within the redemption period, a writ may still issue upon bond.

Q3: What if the previous owner files a case to annul the foreclosure? A: Unless there’s a TRO or injunction, courts generally still issue/implement the writ; any damages are covered by your bond (if inside redemption) or addressed later.

Q4: Does barangay conciliation apply? A: It usually applies to unlawful detainer between residents of the same city/municipality, but there are statutory exceptions (e.g., government instrumentality as party; different cities/municipalities; urgent legal action). For writ of possession, barangay conciliation is not a prerequisite.

Q5: Are tenants protected by the Rent Control Act after foreclosure? A: A lease subsequent to the mortgage is generally not binding on the purchaser. A prior (senior) lease may bind you. Facts matter—review dates and contract terms.

XII. Strategy Guide (What experienced practitioners do)

Dual-track: Serve demand to vacate immediately after COS registration; calendar the last day for detainer while preparing the writ petition timed around redemption expiry.
Map the occupants: Identify who is inside, their claimed basis, and timeline of possession; this dictates writ vs. detainer vs. plenary.
Evidence discipline: Secure certified copies from RD, proof of tax payments, and photo/video documentation.
Sheriff coordination: Ask early about cost estimates, manpower, and locksmiths; set expectations for inventory and safekeeping of movables.
Human approach: A modest cash-for-keys offer can be cheaper than months of litigation; put terms in a short settlement with waiver and turnover date.

XIII. Bottom Line

For Pag-IBIG/HDMF foreclosures, the writ of possession is the workhorse remedy—ex parte, summary, and often ministerial after redemption lapses.
Keep unlawful detainer as your backup or parallel route, especially when timelines or adverse claims threaten the writ.
Anticipate third-party claims, UDHA protocols, and injunctive risks.
Paper your steps, act within statutory windows, and coordinate with sheriffs and LGUs for a lawful, humane turnover.

This guide provides general legal information, not specific legal advice. For case-specific strategy, consult counsel with your documents (COS, title history, demands, and any occupant claims).