Here’s a practical, everything-you-need-to-know guide to ejecting an occupant after the sale of a house in the Philippines—from the buyer’s rights, to the exact cases you can file, timelines, documents, and common traps.

1) First principles: ownership vs. possession

Ownership transfers upon a valid sale (contract + delivery; typically via deed of absolute sale and transfer of title).
Possession (actual occupancy) is separate. If someone stays in the house after you buy it, you may need a summary ejectment case to recover physical possession—even if you now own it.

2) Who are you ejecting? Classify the occupant

Your strategy depends on who the occupant is and how they got/kept possession:

The seller who stayed on
- If there’s no written post-sale occupancy agreement, they’re a possessor by tolerance. Their right ends when you demand that they vacate. If they refuse after demand, that’s unlawful detainer (Rule 70).
- If there is a written “grace period/leaseback,” follow that agreement. When it ends (and after a final demand), file unlawful detainer if they don’t leave.
A tenant/lessee
- Sales don’t automatically extinguish leases. The buyer generally steps into the shoes of the lessor.
- A buyer is usually bound by a lease that is (a) annotated on title, or (b) known to the buyer, or (c) apparent because the lessee is in possession (possession is constructive notice).
- If the lease has expired or the tenant violates it (e.g., unpaid rent), issue demand(s) per the lease/Civil Code, then file unlawful detainer if they still refuse.
- Rent-control rules (periodically updated by DHSUD) can add conditions (e.g., notice periods, limits on rent increases, and specific grounds/timings for repossession). Check whether the unit falls within the current rent-control coverage and comply with any advance written notice requirements.
A squatter/informal settler (no right to be there, entry without your or the owner’s consent)
- Entry by force, intimidation, threat, strategy, or stealth → forcible entry (Rule 70), if filed within 1 year from the illegal entry (or from discovery in stealth cases).
- If they originally entered with the previous owner’s tolerance and later refused to leave after your demand, that’s unlawful detainer (1-year clock from last demand).
Agrarian/tenancy occupant (farmland contexts)
- Special rules (agrarian reform). These disputes are not ejectment under Rule 70 and are generally under DAR/DARAB jurisdiction with security of tenure. Don’t file Rule 70 if it’s an agrarian relationship.
Urban poor covered by the Urban Development and Housing Act (UDHA)
- Evictions/demolitions of underprivileged and homeless citizens require strict safeguards (e.g., adequate consultation, 30-day written notice, presence of government reps, decent relocation when applicable, no demolition in bad weather, etc.). Courts look for UDHA compliance before allowing demolition.

3) Your legal tools (pick the right one)

A. Forcible Entry (FE) – Rule 70

Use when the defendant grabbed possession (force, intimidation, threat, strategy, or stealth).
Deadline: File within 1 year from the date of entry (or discovery for stealth).
Goal: Immediate restitution of physical possession.

B. Unlawful Detainer (UD) – Rule 70

Use when initial possession was lawful (by lease, tolerance, or agreement), but became unlawful upon expiration/termination + demand.
Deadline: File within 1 year from last demand to vacate.
Key element: A prior written demand to vacate (and often to pay) is crucial.

C. Accion Publiciana (recovery of possession)

Use when the 1-year Rule 70 window has elapsed.
Filed with the RTC (regular civil action). Slower than Rule 70 but proper when ejectment is time-barred.

D. Accion Reivindicatoria (recovery of ownership and possession)

Use when you seek confirmation of ownership plus possession. Filed with RTC.

4) Jurisdiction & venue

Rule 70 ejectment (FE/UD) → Metropolitan/Municipal Trial Court (MeTC/MTC/MCTC), regardless of property value.
Venue: The court where the property is located.
Accion publiciana/reivindicatoria → RTC (regular civil action).

5) Barangay conciliation (Katarungang Pambarangay)

Before filing, many disputes must go through barangay mediation where the land is located:

Required if the parties reside in the same city/municipality and are natural persons.
Not required if: any party is a juridical entity (corporation, etc.), parties live in different cities/municipalities without an agreed venue, or the case falls within other statutory exceptions.
If required and skipped, your case can be dismissed for lack of cause of action.

6) The demand to vacate (and to pay)

For unlawful detainer, a written demand is typically a condition precedent:

Contents: identify the property, state termination/expiration (or revocation of tolerance), give a clear final deadline to vacate (e.g., 15 days), and demand reasonable rent/mesne profits for use and occupation.
Serve it in a provable way (personal service, courier, registered mail) and keep proof (registry receipts, affidavit of service).

7) Timelines you must watch

FE: 1 year from illegal entry (or discovery if stealth).
UD: 1 year from last demand (not from sale date).
Missed the 1-year window? Consider accion publiciana (RTC).

8) Evidence checklist (what wins these cases)

Your Deed of Absolute Sale and Transfer Certificate of Title/CTC or title annotation proving ownership/succession-in-interest.
Demand letters (with proof of service).
Lease documents (if any), receipts, proof of arrears or expiry.
Photos/videos showing current possession; certs from the barangay (conciliation minutes, non-settlement).
Tax declarations/receipts (support possession/ownership).
Witness affidavits (e.g., prior owner, neighbors, broker).
If UDHA may apply: LGU notices/coordination and relocation/consultation records.

9) Filing the case (Rule 70)

Complaint: Allege (a) your right to possess, (b) how defendant’s possession became illegal, (c) your prior demand, and (d) damages (e.g., reasonable compensation for use and occupation equal to monthly rent, plus attorney’s fees and costs).
Prayer: restitution of possession, damages, costs, and demolition of structures if necessary.
Statement of prior resort to barangay (or why exempt).
Filing fees: include damages claimed to compute fees (but keep damages reasonable to avoid ballooning costs).

10) What happens after you win

Immediate execution is the default in ejectment. To stay execution, the losing party must (1) appeal and (2) post a supersedeas bond and (3) periodically deposit rentals as they fall due during appeal.
If not stayed, the court issues a writ of execution for the sheriff to deliver possession.
Demolition of structures requires a special order (particularly for permanent structures); sheriffs coordinate with the LGU/police and, when applicable, UDHA protocols.

11) Special notes on leases after a sale

If a valid lease exists, you generally cannot eject until (a) the term expires, or (b) the lessee violates the lease (e.g., nonpayment), or (c) grounds permitted by rent-control rules and Civil Code apply (often with advance notice).
Unregistered leases: A buyer in good faith may not be bound—but actual possession by a lessee is notice. Always inspect the property before buying; ask for copies of leases and require estoppel letters from lessees acknowledging your purchase and the exact end-date/terms.

12) UDHA (urban poor) compliance snapshot

If the occupant qualifies as an underprivileged and homeless citizen and the situation amounts to an eviction/demolition:

Consultation with affected families.
Written notice (commonly 30 days) before the scheduled eviction/demolition.
Adequate relocation when required by law.
Humane conduct standards (no demolition during inclement weather, presence of government reps and social workers, etc.). Courts typically require proof of UDHA compliance to authorize demolition.

13) Common pitfalls (and how to avoid them)

No written demand → UD case thrown out. Always send a clear final demand.
Wrong case (e.g., filed UD when it’s really FE, or vice-versa) → dismissal or losing on technicalities.
Missed 1-year deadline for Rule 70 → you must shift to accion publiciana (slower).
Skipping barangay conciliation when required → dismissal.
Ignoring an existing lease or UDHA rules → adverse rulings or delayed execution.
Overclaiming damages → higher filing fees with no upside.

14) Practical “before-you-buy” checklist

Inspect who’s in actual possession; talk to neighbors.
Demand disclosure of any lease/occupancy; require vacate undertakings or lease assignment/estoppel letters before paying the balance.
Check title annotations for adverse claims/leases; read the tax declarations too.
Put a “deliver vacant possession” clause in the sale, with holdbacks until turnover.

15) Practical “after-you-buy” playbook

Serve a final demand to vacate (and to pay reasonable rent) with a firm deadline.
If required, barangay conciliation; get a C/N (certificate of non-settlement).
File Rule 70 (UD or FE) within 1 year (counted correctly).
Push for immediate execution upon judgment; prepare for supersedeas issues on appeal.
If the one-year window passed, file accion publiciana in the RTC.
If UDHA applies, document compliance early to avoid execution delays.

16) Templates you can adapt

A. Final Demand to Vacate (sample outline)

Header with your name/address; date.
“To: [Occupant] at [Property Address]”
Facts: You bought the property on [date]; their possession was by tolerance/lease that has ended.
Demand: Vacate and surrender possession within 15 days from receipt; pay ₱[amount]/month as reasonable compensation from [date] until turnover.
Notice of suit: Failure will compel you to file unlawful detainer and seek damages, costs, and demolition if needed.
Service: State how served; keep proof.

B. Ejectment Complaint (key allegations)

Your ownership (attach deed/title).
Defendant’s initial possession & how it became illegal.
Prior demand (attach).
Damages (reasonable compensation), attorney’s fees, costs.
Prayer for restitution of possession, demolition order, damages, costs, and other relief.

17) Quick FAQ

Q: The deed says nothing about move-out. Can I still eject the seller who stayed? Yes. Serve a final demand; if they refuse, file unlawful detainer within 1 year from your last demand.

Q: The occupant claims an unregistered lease I never saw. If they were openly in possession, that itself is notice—you’re ordinarily bound. Ask for the lease; if expired/violated, use UD with proper demand.

Q: Can I claim back rents while ejecting? Yes—ask for reasonable compensation for use and occupation (often pegged to fair market rent) from the time possession became unlawful, plus fees and costs.

Q: They appealed. Do I have to wait? Not necessarily. Ejectment judgments are immediately executory unless the defendant both posts a supersedeas bond and regularly deposits rentals during appeal.

If you want, tell me your exact scenario (who’s occupying, any lease papers, key dates, what you’ve already done), and I’ll map it to the right case, draft a custom demand letter, and outline the pleadings you’ll need.