Deadline to File an Answer in Unlawful Detainer (Ejectment) Cases in the Philippines (Rule 70)

Unlawful detainer—often called “ejectment”—is the summary action under Rule 70 of the Rules of Court to recover possession of real property when the defendant’s right to occupy has expired or been terminated (e.g., end of lease, revocation of tolerance), and the defendant refuses to vacate. Because ejectment is designed for speed, strict and short timelines apply—especially to the Answer.

Below is a practical, no-nonsense guide to when the Answer is due, how to compute the period, what must be included, what’s prohibited, and the consequences of a late or missing Answer.

The Core Rule: 10 Calendar Days

Deadline: In ejectment cases governed by the (Revised) Rules on Summary Procedure, the defendant must file an Answer within ten (10) calendar days from service of summons.
Nature of the period: Calendar days (not working days). Weekends and holidays are counted, subject to the computation rule below.

Why so short? Ejectment is a summary remedy. The courts front-load affidavits and documents, dispense with many motions, and move on written submissions rather than full trials.

How to Compute the 10-Day Period

Use the general time-computation rules:

Exclude the day of service; include the last day.
If the last day falls on a Saturday, Sunday, or legal holiday, the deadline moves to the next working day.
The period starts upon valid service of summons on the defendant (or as the Rules allow, on an authorized recipient) together with the complaint.

Quick examples

Summons received: Friday, August 1 → Start counting August 2. Ten days ends August 11.
If August 11 is a holiday → due August 12.
Summons by substituted service (e.g., left with a suitable person at residence): period still runs from the date that substituted service is completed under the Rules.

Practice tip: Keep the proof of service (registry receipts, courier tracking, sheriff’s return, or signed acknowledgment) because the reckoning date lives or dies with it.

No Extensions (as a rule)

Under the summary procedure regime for ejectment, motions for extension of time to file pleadings are prohibited. Courts are expected to keep the case moving on a compressed schedule.

Exception (rare): Courts retain inherent power to relax rules in the interest of substantial justice (e.g., due to demonstrable lack of valid service, fortuitous events, or clear denial of due process). Do not bank on this. File within the 10-day window.

What Must Be Filed: The Answer Package

Because trial is minimal to none, the Answer should be complete at filing. Typically:

Defenses: traverse each material allegation; raise affirmative defenses (e.g., lack of jurisdiction over subject matter or person, improper venue, absence of cause of action, non-compliance with barangay conciliation where required, etc.).
Counterclaims: Only compulsory counterclaims (those arising from or connected with the plaintiff’s claim) and cross-claims are allowed under the summary procedure. Permissive counterclaims are not.
Supporting evidence: Attach affidavits of witnesses and documentary exhibits you want considered (leases, demand letters, receipts, photographs, plats, barangay records). These take the place of most testimonial presentation.
Verification & certification: Observe any verification requirement and include a certification against forum shopping when applicable.
Reliefs: Clearly state the reliefs and damages you seek (e.g., dismissal, reasonable compensation for improvements, attorney’s fees if warranted).

Practice tip: Treat your Answer like a mini-trial brief with evidence. If it’s not attached now, you may lose the chance to use it later.

Prohibited Pleadings and Motions (Common Pitfalls)

Summary-procedure ejectment bars many filings that would otherwise delay resolution. Among those typically prohibited:

Motion to dismiss (except on very specific grounds such as lack of subject-matter jurisdiction or failure to state a cause of action—if raised at all, these are best asserted as affirmative defenses in the Answer).
Motion for extension of time to file pleadings (including the Answer).
Motion for bill of particulars, motion for reconsideration of certain interlocutory orders, petition for relief from judgment (except in narrowly allowed situations), and other dilatory motions.
Dilatory demurrers or discovery devices inconsistent with the summary nature of ejectment.

When in doubt, assume a motion is not allowed unless the summary rules expressly permit it.

Consequences of Not Answering on Time

No “technical default,” but judgment may follow: Classic default procedure is generally out of place in summary proceedings, but failure to file an Answer within the 10-day period authorizes the court to resolve the case forthwith—often by rendering judgment on the complaint and the plaintiff’s affidavits and exhibits.
Waiver of defenses: Defenses not raised (especially affirmative defenses and compulsory counterclaims) are typically waived.
Immediate execution of judgment: In ejectment, a judgment for the plaintiff is, as a rule, immediately executory with respect to possession (subject to limited stays upon posting of a supersedeas bond and periodic rent deposits during appeal). A late or missing Answer can cascade into eviction faster than in ordinary civil actions.

Special Notes on Service and Representation

Corporations/partnerships: Service on the proper corporate officer/agent triggers the 10-day period. Entry of counsel after service does not restart the clock.
Multiple defendants: Each defendant’s period runs from their service date, but joint Answers are common (use the earliest deadline).
Barangay conciliation: If required and not undertaken (and the case wasn’t within the exceptions), raise this immediately in the Answer as a jurisdictional/condition-precedent defense.

Strategic Guidance for Defendants

Calendar the deadline the day you’re served. Assume 10 calendar days, and aim to file before the last day.
Front-load evidence. Attach all key documents and sworn statements now.
Plead compulsory counterclaims (e.g., damages from wrongful ejectment) in the Answer or risk waiver.
Avoid prohibited motions. If you need to attack the complaint on technical grounds, do it via affirmative defenses inside the Answer.
If service was defective, explain and document the defect in your Answer and ask for appropriate relief—but still file within 10 days if you can, to avoid risk.
If you truly can’t meet the 10 days, file the best Answer you can within the period and later seek leave to submit supplemental affidavits if the court will permit—better than missing the deadline entirely.

For Plaintiffs (Quick Perspective)

Ensure proof of service is airtight.
If no Answer is filed on time, move the court to promptly resolve the case on the basis of the pleadings, affidavits, and exhibits on record.
Document arrears, reasonable compensation for use and occupation, and attorney’s fees, as appropriate.

FAQs

Q: Does the Answer period change if I’m served by courier or registered mail? A: No—the reckoning date is still the date of actual receipt as shown by courier tracking or registry return card (or by the process server’s return if served personally or by substituted service). Then count 10 calendar days.

Q: Can the court allow a late Answer? A: The structure of summary procedure says no extensions and expects strict compliance. Only exceptional, well-documented circumstances (e.g., lack of valid service, force majeure) may persuade a court to admit a late Answer in the interest of justice.

Q: Do I need to pay docket fees for a counterclaim in my Answer? A: Compulsory counterclaims in summary proceedings typically do not require docket fees upon filing (they’re collected if granted), but permissive counterclaims are generally not allowed here.

Q: What if the complaint included a claim for damages? A: You must specifically traverse those claims and attach proof (receipts, photos, reports) supporting your defenses or your own damages/counterclaim. The court often decides on the papers.

One-Page Checklist (Defendant)

Note date of receipt of summons/complaint → set 10-day deadline.
Draft Answer: specific denials + affirmative defenses.
Add compulsory counterclaims/cross-claims (if any).
Attach affidavits (properly sworn) + documents (leases, demands, receipts, photos).
Include verification and certification against forum shopping where required.
File at the proper first-level court; serve the other party; keep proof of filing/service.
Avoid prohibited motions; don’t seek extensions.
Calendar subsequent position paper or conference dates the court may set.

Bottom Line

In Philippine unlawful detainer cases, the Answer is due within 10 calendar days from service of summons, with no extensions under the summary procedure. Treat that window as immovable, file a complete, evidence-backed Answer, and put every essential defense and compulsory counterclaim on the table—now, not later.