Ejectment Case vs. Relatives Occupying Land (Philippines)

For educational purposes only; not legal advice. Ejectment is technical—small mistakes (e.g., wrong remedy or late filing) can lose an otherwise strong case.

1) First principles: what an ejectment case is (and isn’t)

Ejectment (Rule 70) is a summary action to recover physical possession (possession de facto) of land or a building, not to decide ownership. It comes in two flavors:

Forcible entry — defendant took possession by force, intimidation, threat, strategy, or stealth.
- Deadline: within 1 year from the actual dispossession (or discovery, if by stealth).
Unlawful detainer — defendant initially entered lawfully (e.g., as family allowed by tolerance, as caretaker, or as lessee) but continued in possession after the owner revoked permission.
- Deadline: within 1 year from the last demand to vacate (the demand converts possession from lawful to unlawful).

In both, the Metropolitan/Municipal Trial Court (MTC) where the land lies has jurisdiction regardless of property value.

Not ejectment: If the issue is who has the better right of possession based on ownership after more than a year, file accion publiciana (recovery of possession, RTC). If the issue is ownership itself, file accion reivindicatoria (recovery of ownership, RTC). If there’s a genuine agrarian tenancy issue, the proper forum is DARAB, not the MTC.

2) “Relatives” as occupants: what changes (and what doesn’t)

Kinship ≠ special right to stay. Relatives allowed to reside or farm by tolerance are licensees; once permission is withdrawn by demand, continued stay becomes unlawful detainer.
Co-ownership caution: If the relative is a true co-owner (e.g., heir with undivided share), ejectment is usually not the remedy; pursue partition or accion publiciana. Mere claims of co-ownership without proof don’t bar ejectment.
Tenancy red flag: If the relative is an agricultural tenant/lessee (rent/share, personal cultivation, consent, etc.), ejectment in MTC will likely be dismissed; go to DAR.
Builder in good faith: If the relative built a house in good faith with your tolerance, disputes over improvements are typically resolved separately (Civil Code Art. 448). Ejectment focuses on possession, but courts may allow reasonable time to vacate/remove.

3) Picking the correct cause of action

Use this quick test:

They sneaked in or grabbed possession → Forcible Entry.
You let them stay (even informally), then you told them to leave and they refused → Unlawful Detainer.
It’s been >1 year since demand/dispossession → consider accion publiciana (RTC), not ejectment.

“By tolerance” works even without a written agreement, but you must show a clear demand ending that tolerance.

4) Preconditions and pre-litigation steps

Barangay conciliation (Katarungang Pambarangay)
- Required if all parties are natural persons and reside in the same city/municipality. Obtain a Certificate to File Action (CFA) if no settlement.
- Not required if parties live in different cities/municipalities, there’s an imminent injunction need, or a party is a juridical person.
Written demand to vacate and pay
- Send a dated, written demand (ideally via registered mail/courier with proof of receipt) giving a clear deadline (e.g., 10–15 days) and claiming reasonable compensation (rent) from the date of demand.
Evidence build
- Title/Deed/Tax Dec (to show your better right), survey/lot plan, photos, IDs/affidavits of neighbors, demand letters & receipts, barangay minutes/CFA, utility bills tying them to the site, and maps.

5) Elements you must allege and prove

Forcible entry

Prior possession by you;
Illegal entry by defendant (force, threat, intimidation, strategy, or stealth);
Filing within one year.

Unlawful detainer

Lawful entry at the start (by tolerance/contract);
Demand ending that right;
Refusal to vacate after demand;
Filing within one year from last demand.

Attach copies of demands; in detainer, no demand often means case dismissed.

6) Where and how to file

Venue: MTC where the property is located.
Parties: Sue the actual occupants and the known head of the family; include “all persons claiming under them”.
Pleadings: Verified Complaint under Rule 70, stating cause (forcible entry or unlawful detainer), facts, and reliefs (see §8). Attach annexes and CFA if applicable.
Filing fees: Based on damages and rentals claimed (not property value).
Summary procedure: Ejectment follows summary rules—no lengthy motions (e.g., to dismiss on non-listed grounds), position papers instead of full trials, and expedited timelines.

7) Expected defenses from relatives—and counters

“Co-owner ako.” → Ask for proof (title, extrajudicial settlement, etc.). Without solid evidence, possession by tolerance still supports detainer. True co-ownership → shift to partition.
“Tenant kami.” → Test the six tenancy elements (land is agricultural; consent; personal cultivation; sharing/rent, etc.). If absent, DARAB defense fails; MTC retains ejectment.
“Matagal na kami dito; prescribed na.” → For detainer, the 1-year clock runs from last demand, not from first entry.
“May agreement kami, verbal.” → You can revoke tolerance; attach proof of demand.
“We built the house.” → Improvements don’t legalize possession; remedy for good-faith builders is compensation or removal under the Civil Code, usually in a separate case/settlement.

8) Remedies you should ask for (the “prayer”)

Restitution of possession (turnover of the premises).
Reasonable compensation for use and occupation (back “rent”) from demand date until actual vacate/turnover.
Attorney’s fees and costs where justified.
Preliminary mandatory injunction (especially for forcible entry) to immediately restore you to possession pending case outcome (available on showing prior possession and unlawful dispossession).
Writ of demolition after judgment becomes enforceable (to remove structures), with humane implementation timelines.

9) Timelines, judgment, and execution

Speed: Ejectment is summary; courts rely on position papers and affidavits.
Judgment: The MTC may mention ownership only to resolve who has the better right to possess, but the ruling does not bind title.
Immediate execution on appeal: To stay execution, a losing defendant must (i) file a supersedeas bond (covering rentals/damages up to judgment) and (ii) deposit current rentals during appeal. Failure = immediate execution despite appeal.
Appeal route: MTC → RTC (appeal) → Court of Appeals (Rule 42) → SC (Rule 45 on pure questions of law).

10) Special regimes & humanitarian overlays

Urban poor (RA 7279): Evictions/demolitions require prior written notices, consultation, proper schedule, no demolition during bad weather or at night, and coordination with LGU/social services. This does not defeat your right to recover possession, but it guides implementation (especially for writ of demolition).
Protected tenancies (agrarian): If a genuine agricultural leasehold exists, ejectment belongs to DAR, and disturbance compensation may be due upon lawful dispossession.
Ancestral or public land nuances: If land is ancestral domain/public land with pending administrative claims, consult counsel—jurisdiction may be affected.

11) Money computations that matter

Use & occupation damages (“mesne profits”) = fair rental value per month × months from demand date to turnover. Support with comps (nearby rents), prior lease, or assessor’s data.
Attorney’s fees: Typically modest unless bad faith is shown; courts are conservative.
Interest: Legal interest may run on liquidated sums from demand or judgment, depending on the court’s findings.

12) Practical playbooks

A) Owner/Heir wanting relatives out

Title chain ready (title + tax dec + inheritance documents).
Barangay conciliation if required; get CFA.
Demand letter (clear deadline; claim rent from demand date).
File unlawful detainer within 1 year from last demand.
Move for preliminary mandatory injunction if they grabbed possession.
On judgment, seek writ of execution and, if needed, writ of demolition; coordinate humane implementation with the sheriff/LGU.

B) Relative-occupant assessing risk

Do you have real co-ownership papers or tenancy proof? If not, expect detainer to prosper.
Negotiate time to vacate; propose a move-out date in writing.
If you built in good faith, raise Art. 448 claims (compensation or removal) in a proper action/settlement.
Avoid violence; cooperate with sheriff to avoid criminal exposure.

13) Evidence & filing checklists

Annexes to Complaint

Owner’s title/deed and tax dec/receipts
Survey plan/lot plan or sketch showing encroachment/area
Demand letters + proof of service/receipt
Barangay minutes/CFA (if applicable)
Photos/videos/geo-tags of occupation
Affidavits of neighbors/barangay officials
Rental valuation basis (if claiming use/occupation damages)

At Hearing (position paper)

Concise timeline (lawful entry/tolerance → demand → refusal)
Legal basis (forcible entry or detainer elements)
Damages computation table

14) Common pitfalls (avoid these!)

Suing after the 1-year window (count it right!).
No written demand in detainer (fatal).
Skipping barangay conciliation when required (case can be dismissed).
Wrong forum (agrarian matters in MTC; co-owner disputes via ejectment).
Over-pleading title issues; ejectment is about possession, keep it lean.
Naming only one occupant; include “all persons claiming under them.”

15) Drafting tips (for unlawful detainer vs relatives)

Recite tolerance (“Defendants are my [relationship]; I allowed them to stay on [date] without rent.”).
State revocation (“On [date], I demanded they vacate by [deadline].”).
Allege refusal and continued occupation after demand.
Pray for restitution, monthly reasonable compensation from demand, fees/costs, and writs (execution/demolition).
Attach clean, legible annexes with clear labels (A, B, C…).

16) Quick decision tree

How did they enter?
- By force/stealth → Forcible Entry (file ≤ 1 year from dispossession).
- By tolerance/lease → Unlawful Detainer (send demand, then file ≤ 1 year from last demand).
Are they co-owners or tenants?
- Co-owner (real proof) → consider partition/RTC.
- Agricultural tenant → DARAB case.
- Neither → proceed with ejectment in MTC.
Same city/municipality?
- Yes → Barangay first, get CFA.
- No → File directly.

Bottom line

Even against relatives, possession by mere tolerance ends when you demand they leave. If they refuse, unlawful detainer in the MTC is the fastest path—provided you (1) send a proper written demand, (2) file within one year from that demand, and (3) clear out co-ownership/tenancy complications. Keep the case summary and evidence-driven; after judgment, use the execution rules (and, if needed, a writ of demolition) to peacefully and lawfully recover your property.