An ejectment case is a special civil action filed to recover the physical or material possession of a real property (land or building) when a person is being illegally deprived of it. In Philippine law, ejectment suits are governed by Rule 70 of the Rules of Court and are categorized as summary proceedings, meaning they are designed to be fast-tracked to prevent people from taking the law into their own hands.

There are two distinct types of ejectment suits. Choosing the correct one is critical, as filing the wrong action can lead to an outright dismissal of your case.

Forcible Entry (Detentacion): This applies when someone deprives you of your property through FIST—Force, Intimidation, Strategy, Threats, or Stealth. The possession of the intruder is unlawful from the very beginning.
Unlawful Detainer (Desahucio): This applies when a person's initial possession of the property was perfectly legal (e.g., through a lease contract, a written agreement, or pure tolerance), but became illegal because their right to stay expired or was terminated (e.g., failure to pay rent or violation of lease terms).

Key Jurisdictional Thresholds

Before drafting a complaint, you must verify that your situation meets the legal prerequisites for an ejectment case:

1. The One-Year Rule

The case must be filed within one year from the date of the unlawful deprivation or the last demand to vacate.

In Forcible Entry, the one year is counted from the date of actual entry (or from the time you discovered it, if entry was done via stealth).
In Unlawful Detainer, the one year is counted from the date of the last demand letter to pay and vacate.

Critical Note: If more than one year has passed since the unlawful possession, an ejectment case is no longer the proper remedy. You must file either an Accion Publiciana (a plenary action to recover the right of possession) or an Accion Reivindicatoria (an action to recover ownership) before the Regional Trial Court.

2. Court Jurisdiction

Regardless of the value of the land or the amount of unpaid rentals, all ejectment cases fall under the exclusive original jurisdiction of the Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Courts (MTC), or Municipal Circuit Trial Courts (MCTC) where the property is located.

Step-by-Step Filing Procedure

Because ejectment falls under the Rules on Summary Procedure, the process involves strict timelines and relies almost entirely on written submissions rather than lengthy trials.

Send the Demand Letter: Prerequisite for Unlawful Detainer. For unlawful detainer cases, you must serve a written demand upon the tenant to pay unpaid rentals or comply with lease conditions, and to vacate the premises. You must give them at least 5 days (for residential) or 15 days (for commercial) to comply before you can proceed to the next step.
Undergo Barangay Conciliation: Required if individuals reside in the same city/municipality. Under the Katarungang Pambarangay Law, if the dispute involves private individuals residing in the same city or municipality, you must first attempt mediation at the Barangay level. If conciliation fails, the Barangay Captain will issue a Certificate to File Action.
File the Verified Complaint: Initiating the Lawsuit. File a verified complaint with the proper Municipal Trial Court. The complaint must include the Certificate to File Action, a copy of the demand letter with proof of service, and any title deeds or lease contracts. You must pay the required court filing fees upon submission.
Issuance and Service of Summons: Court notification to the Defendant. Once the court screens the complaint and finds that it falls under summary procedure, it will issue a Summons. The court sheriff or server will deliver this to the defendant, ordering them to answer the complaint.
Filing of the Answer: Strict 10-day deadline for Defendant. The defendant has exactly 10 days from receiving the summons to file a Verified Answer. Motion to dismiss is generally a prohibited pleading under summary rules; defenses must be raised directly in the Answer. If they fail to answer, the court may render judgment motu proprio (on its own).
Preliminary Conference: Clarifying issues within 30 days. After the Answer is filed, the court schedules a Preliminary Conference within 30 days. Here, the parties discuss amicable settlements, simplify the issues, and stipulate facts. No postponements are allowed unless for highly exceptional reasons.
Submission of Position Papers: Final written arguments. Within 10 days from the end of the Preliminary Conference, both parties must submit their respective Position Papers, along with the affidavits of witnesses and supporting documentary evidence. No actual trial or oral testimony is normally conducted.
Court Decision: Rendered within 30 days. After receiving the position papers (or when the period to submit them expires), the judge has 30 days to issue a final decision based on the written records.

Immediate Execution and Remedies

A unique characteristic of a judgment in an ejectment case is that it is immediately executory. If the court rules in favor of the plaintiff (the property owner), the owner can immediately ask for a writ of execution to remove the illegal occupant.

However, the defendant can stay the execution (stop the immediate removal) during an appeal to the Regional Trial Court (RTC) by meeting all three of the following conditions:

Perfect the Appeal: File the notice of appeal within 15 days from receiving the decision and pay the appeal fees.
File a Supersedeas Bond: Deposit a bond with the court to secure the payment of back rentals, damages, and costs adjudged by the lower court decision.
Periodic Deposits: Deposit the current monthly rental value of the property with the appellate court on or before the 15th day of each succeeding month during the pendency of the appeal.

Failure to comply with any of these three requirements gives the plaintiff the right to demand the immediate execution of the decision, meaning the tenant can be evicted even while the appeal is still being reviewed by the higher court.