Below is a one-stop, Philippine-specific guide to Ejectment (Forcible Entry and Unlawful Detainer)-–Costs and Procedure as of 2025, written in a practitioner-style “legal article” format. It synthesises the Rules of Court, Republic Acts, Department of Justice (DOJ) and Supreme Court (SC) issuances, and leading jurisprudence, without relying on any external search.
1. Statutory & Doctrinal Framework
| Reference | Key Points |
|---|---|
| Rule 70, Rules of Court | Governs summary procedure for ejectment. |
| Rule 141 (2022 revision) | Current schedule of clerk-of-court fees. |
| Sec. 409–422, Local Government Code (LGC) of 1991; DILG Katarungang Pambarangay Rules | Barangay conciliation prerequisite for disputes between residents of the same city/municipality. |
| Civil Code, Arts. 1654, 1673 | Lessors’ right to eject lessees. |
| Leading cases: Suarez v. Heirs of Emilio Rillon (G.R. 190462, 2022); Sps. Ong v. Tating (G.R. 236544, 2021); Ilaw v. CA (G.R. 104781, 1993); Sarona v. Villegas (G.R. 233957, 2023). |
2. Nature of the Actions
| Action | Essence | Prescriptive Period |
|---|---|---|
| Forcible Entry | Defendant takes possession by force, intimidation, threat, strategy, or stealth. | 1 year from date of actual entry; if stealth, from date of discovery/demand. |
| Unlawful Detainer | Possession was lawful at the start (e.g., lease), but became illegal upon expiration or demand to vacate. | 1 year from last written demand to vacate. |
Goal: purely physical or material possession (possession de facto), not ownership. Judgment is conclusive only on possession.
3. Who Hears the Case? (Jurisdiction & Venue)
First Level Courts
- Metropolitan/Municipal/Regional Trial Court sitting as MTC if gross monthly rental ≤ ₱50,000 outside Metro Manila or ≤ ₱60,000 in Metro Manila (Rule 70 §1 & BP 129 §19(2), as amended by RA 7691).
- If rents exceed those ceilings, the RTC hears it under Rule 70 but on ordinary jurisdictional basis.
Venue is the MTC with territorial jurisdiction over the property; unlike ordinary actions, no written stipulation can oust venue in ejectment.
4. Pre-Litigation Step: Barangay Conciliation
| When Required | Exemptions (no KP step) |
|---|---|
| Parties are natural persons and reside in same city/municipality. | • One party is a juridical entity (e.g., corporation) • One is government • Real property is in a different LGU • The dispute involves urgent legal action (e.g., provisional remedies) |
Cost ♦ Filing with the Lupon Secretary: ₱50–₱300 total (nature of claim + katarungang pambarangay fund). Timeline ♦ Explore settlement within 15 days from confrontation; extendible by another 15 days by agreement. Issue a Certification to File Action if conciliation fails.
5. Initiating the Case in Court
| Step | Mandatory Content / Fee |
|---|---|
| Complaint (verified) | Allegations of possession, dispossession/demand, and prayer for immediate restitution, damages, rents, attorney’s fees. Attach Barangay Certification or state exemption. |
| Summary Procedure Restrictions | The court will summarily strike: motions to dismiss (except lack of jurisdiction, improper venue), bill of particulars, dilatory motions for new trial, etc. |
| Filing Fees (Rule 141, 2022) | 1. Docket fee – based on total assessed value or agreed monthly rental × 12 months • ≤ ₱20 k → ₱1,500 • ₱20 k–200 k → ₱1,500 + 1% over ₱20 k • > ₱200 k → ₱3,300 + 0.6% over ₱200 k 2. Mediation fee – ₱500 3. Legal research fund – 1% of docket fee 4. Sheriff’s service – ₱200 |
Illustration. Monthly rent ₱15 k in Quezon City → Annual value ₱180 k → Docket Fee ≈ ₱1,500 + 1 % × ₱160 k = ₱3,100 (+ LRF ₱31 + Mediation ₱500 + Sheriff ₱200) = ₱3,831.
6. Summary Procedure Timeline (MTC level)
| Stage | Prescribed Period |
|---|---|
| Service of Summons | Within 3 days from filing. |
| Answer (verified) | Within 10 days of service (no motion to dismiss). |
| Pre-liminary Conference | Set within 30 days from filing answer; court must issue updated summons if defendant absent. |
| Court-Annexed Mediation | Immediately after conference; 30-day non-extendible period. |
| Judicial Dispute Resolution (optional) | 15-day window if mediation fails and the judge believes settlement is still possible. |
| Submission of Position Papers & Affidavits | Within 10 days after failed ADR; no oral testimony unless exceptional. |
| Judgment | Within 30 days from receipt of last position paper. |
7. Remedies and Execution
Immediate Execution (Rule 70 §19).
- Judgment for plaintiff is executory upon motion unless: (a) Timely appeal + (b) Supersedeas bond sufficient to cover rents/damages from judgment to appeal + (c) Periodic deposit of rents during appeal.
Appeal
- To RTC within 15 days by Notice of Appeal; decided on the record, usually within 30 days.
- RTC decision is immediately executory. Further review is by petition for review to the Court of Appeals (Rule 42) within 15 days, and thence to the SC under Rule 45.
Contempt & Break-In Writs
- Sheriff may break open doors; obstruction is contempt (Rule 39 §16).
- Placing new occupants to defeat execution is forum shopping and may be punished as indirect contempt.
8. Recoverable Monetary Awards
| Item | Legal Basis | Notes |
|---|---|---|
| Unpaid rents / reasonable compensation for use and occupation | Art. 1654, 1673, & jurisprudence | Limited to 1 year prior to filing in MTC stage; later rents may be claimed in RTC. |
| Attorney’s fees & costs | Art. 2208 CC; Rule 142 | Require pleading & proof of bad faith. |
| Moral / exemplary damages | Rare; must allege fraud or malice (Lopez v. Bonifacio, 2015). | |
| Litigation expenses (filing, sheriff, copy fees) | Taxed by clerk upon motion to execute costs. |
9. Common Pitfalls & Practical Tips
- Wrong Cause of Action – If complaint mixes ejectment with accion reivindicatoria (ownership), court may dismiss or treat as ordinary civil action, losing summary advantage.
- Late Filing – Miss the one-year window and you must sue for recovery of possession (accion publiciana) under Rule 63, which is slower and costlier.
- Defective Barangay Certification – A form that omits the full names of parties or property description can be fatal.
- Supersedeas Bond Miscalculation – The bond must fully cover judgment amount; partial bonds won’t stay execution.
- Failure to Deposit Current Rents during Appeal – Automatic lifting of stay, sheriff can oust appellant.
- Over-pleading – Summary procedure bars motions for bill of particulars, dilatory postponements, lengthy memoranda. Stick to concise position papers with judicial affidavits.
- Corporate Parties – Condominium/homeowners’ associations must pass a board resolution authorising an officer to sign the verification and certificate of non-forum-shopping.
- Accrual of Taxes & Association Dues – Not part of ejectment judgment; file a separate collection suit if significant.
10. Approximate Cost Checklist (2025 Pesos)
| Item | Typical Range |
|---|---|
| Barangay fees | ₱50 – ₱300 |
| Notarial of demand & complaint | ₱200 – ₱1,000 |
| Filing & docket | ₱1,500 – ₱10,000 (depends on value) |
| LRF & mediation | ~₱600 (aggregate) |
| Sheriff service & mileage | ₱200 – ₱2,000 |
| Sheriff execution fee (if judgment favourable) | 3% of first ₱4 k + 1.5% excess (Rule 141) |
| Supersedeas bond (if appealing) | Equivalent to judgment (often ₱50 k – ₱500 k) |
| Attorney’s professional fees | Flat ₱20 k – ₱100 k or 10 % of judgment, depending on agreement |
| Misc. photocopying, mailing | ₱500 – ₱2,000 |
Total out-of-pocket for an ordinary 2-year apartment rental ejectment in Metro Manila typically runs ₱25 k – ₱60 k exclusive of bond and attorney’s appearance fees.
11. Timeline Snapshot (best-case)
- Demand to vacate → Day 0
- Barangay conciliation (15–30 days) → Day 30
- File complaint → Day 31
- Answer → Day 41
- Pre-lim conference + CAM → Day 70
- Position papers → Day 80
- MTC judgment → Day 110
- Execution / Appeal → Day 120 onward
- RTC disposition → Day 180
- Final CA/SC review (optional) → additional 1–2 years, but possession often already delivered.
12. Recent Jurisprudential Highlights (2021-2024)
- Sps. Ong v. Tating (2021): reaffirmed that mere tolerance creates unlawful detainer cause when demand is ignored.
- Suarez v. Heirs of Rillon (2022): clarified that building administrators may sue in their own name if authorised by the owners’ corporation.
- Sarona v. Villegas (2023): held that deposit of both adjudged and current rents is mandatory to stay execution, even if defendant disputes amount.
- People v. Lim (2024): reiterated criminal liability for contemptuous re-entry after eviction.
Conclusion
Ejectment in the Philippines remains a fast-track, possession-only remedy—but only when lawyers and litigants adhere to the strict one-year prescriptive clock, the Rule 70 summary rules, and the sometimes intricate cost & bonding mechanics that determine whether a judgment is immediately enforceable. A single mis-step—such as skipping barangay conciliation, mis-timing the cause of action, or posting an inadequate supersedeas bond—can derail the client’s case or delay recovery of the premises for months. Meticulous compliance with procedural essentials and a realistic budget for docket-level costs, sheriff’s fees, and bonds are therefore indispensable to a successful ejectment action.