Here’s a practical, everything-you-need-to-know guide to ejectment (forcible entry and unlawful detainer) in the Philippines—what it is, when to use it, and exactly how to file, try, and execute the case.

Ejectment in the Philippines: How to Evict and Recover Possession (Forcible Entry & Unlawful Detainer)

1) What “ejectment” means (and what it doesn’t)

“Ejectment” covers two summary civil actions under Rule 70 of the Rules of Court:

Forcible Entry (FE) – The defendant entered the property and deprived the plaintiff of possession by force, intimidation, threat, strategy, or stealth. Gist: illegal entry.
Unlawful Detainer (UD) – The defendant’s initial possession was lawful (e.g., as a tenant, by tolerance, or by a contract) but became illegal upon termination of the right to possess (e.g., lease expiry, breach) and after demand to vacate. Gist: illegal withholding.

Ejectment is about physical possession (possession de facto)—who has the better right to hold the property now—not who ultimately owns it. Courts may glance at ownership only to resolve who has the better right to possess, and that ownership ruling is provisional (not binding in a later title case).

If more than one (1) year has passed (see timing rules below), you usually need a plenary action:

Acción Publiciana – to recover the right to possess (RTC jurisdiction; ordinary procedure).
Acción Reivindicatoria – to recover ownership and possession (RTC/MTC depending on assessed value; ordinary procedure).

2) Where to file and who decides

Court: First-level courts—MeTC/MTC/MCTC—have exclusive original jurisdiction over ejectment cases regardless of the amount of damages or unpaid rentals (those are merely incidental).
Venue: File in the place where the property is located.
Parties:
- Plaintiff: The person deprived of possession (owner, lessor, prior possessor, or anyone with a better right to physical possession). A lessor may sue even without physically occupying (possession of the lessee is the lessor’s). Authorized representatives need an SPA.
- Defendant: The actual occupant and all persons claiming rights under them (sublessees, assigns, etc.).

3) Deadlines & prescription (don’t miss these)

Forcible Entry: File within 1 year from actual entry/dispossession. If entry was by stealth, the 1-year period counts from discovery and demand to vacate.
Unlawful Detainer: File within 1 year from the date possession became unlawful, typically reckoned from the last demand to vacate (especially when possession began by tolerance). If a lease expired on a fixed date, possession is unlawful upon expiry; still, send a demand and treat the last demand as the safe reckoning date.

Practical tip: If you served multiple demands, count from the last one. Keep proof of service.

4) Demand letters (simple but critical)

For UD, a prior demand to vacate is essential to convert lawful possession into unlawful withholding and to start the 1-year clock. Best practice:

Format: Written, dated, and signed; identify the property, reason for ejectment, amount of arrears or compensation, and a clear deadline to pay and/or vacate.
Timing guide: Traditional practice observes 15 days (land) or 5 days (buildings) as a reasonable grace period in UD demand notices.
Service: Personal delivery (with signed receipt), registered mail (keep registry receipts + return card), or reputable courier (with tracking). Email can supplement but don’t rely on it alone.

For FE, a demand is not jurisdictional, but sending one often helps for settlement and evidence.

5) Required barangay conciliation (Katarungang Pambarangay)

Before filing in court, most disputes between natural persons who reside in the same city/municipality must undergo barangay conciliation/mediation under the Local Government Code.

Required if: Both parties are natural persons residing in the same city/municipality (even if different barangays).
Not required if: Any party is a juridical entity (e.g., corporation, HOA), the parties live in different cities/municipalities, or the dispute falls under a statutory exception (e.g., urgent legal actions).
File-proof: Attach the barangay Certificate to File Action (CFA) to your complaint, or explain why conciliation is not required (e.g., corporate lessor, different cities, urgent relief).

Skipping this when required is a fatal procedural defect.

6) What you can recover

Restitution of possession (vacate and turn over the premises).
Rents/“reasonable compensation for use and occupation” (sometimes called mesne profits), unpaid utilities if proved, attorney’s fees, and costs.
No moral or exemplary damages in ejectment (not the proper case).

7) Evidence checklist (build your paper trail)

Bring originals and attach copies to the complaint:

Identity & authority: IDs; SPA or corporate board/Secretary’s certificate if suing as representative or corporation/lessor.
Property: TCT/Tax Dec/Deed/Contract of Lease/Authority to occupy; a sketch plan or photos (with dates) help.
Possession facts: Prior possession, the manner of entry (FE) or basis of initial lawful possession (UD).
Demand(s): The demand letter(s) and proof of service.
Barangay: CFA or a short explanation of non-applicability.
Money claims: Rent ledger, invoices, receipts, statement of account, and your computation (through filing date).
Other: Photos/videos, incident reports, neighbor affidavits (if FE), and any admissions.

8) How to file (Rule 70 + Summary Procedure)

A. Pleadings allowed

Verified Complaint (with a Certificate against Forum Shopping)
Answer (with any compulsory counterclaim and cross-claim within the court’s jurisdiction)

All other pleadings/motions are generally prohibited (see below).

B. Summons & Answer

Summons is served by the court.
Answer is due within 10 calendar days from service of summons. No reply is needed.

C. Prohibited pleadings & motions (typical list)

Motion to dismiss (except for lack of subject-matter jurisdiction and similar threshold grounds),
Motion for bill of particulars,
Motion for new trial, petition for relief from judgment,
Dilatory motions for postponement,
Third-party complaints, interventions, and (usually) replies/rejoinders,
Multiple/extensive motions for reconsideration—summary procedure is designed to move fast.

(If you must raise threshold issues—e.g., agrarian jurisdiction, barangay conciliation defect—raise them as affirmative defenses in the Answer or via a narrowly-permitted dismissal motion.)

D. Preliminary conference; mediation/JDR

The court sets a preliminary conference (similar to pre-trial) fairly soon after the Answer.
Expect Court-Annexed Mediation (CAM) and sometimes Judicial Dispute Resolution (JDR). Settlements are common—be ready with numbers.

E. How the case is proved (fast track)

After conference, courts usually require position papers with affidavits and documentary exhibits.
No full‐blown trial is the norm, but judges may call a short clarificatory hearing.
Courts aim to decide within about 30 days from submission of papers.

9) Provisional remedies (very useful)

Preliminary Injunction (Rule 70 reference to Rule 58): To stop continuing acts of dispossession or waste during the case.
Preliminary Mandatory Injunction in FE: If you were forcibly ousted and filed within one year, the court may restore possession to you early (traditionally within 5 days from the complaint upon adequate affidavits and after a brief hearing). This is a powerful, swift remedy in forcible entry.

Even first-level courts can issue these within ejectment cases (a special Rule 70 feature).

10) Judgment, appeal, and staying execution

A. Judgment

The court may award:

Restitution (vacate/turnover),
Rents/compensation up to filing and continuing until you regain possession (rate may be fixed),
Attorney’s fees and costs.

B. Immediate execution & how to stay it

Ejectment judgments are immediately executory by default. To stay execution pending appeal, the defendant must:

Perfect the appeal (to the RTC) within 15 days;
File a supersedeas bond (approved by the MTC) to cover rents/damages/costs adjudged up to the judgment; and
Deposit with the appellate court (usually monthly) the rents or reasonable compensation that accrue during the appeal at the rate fixed by the judgment (or as the RTC sets).

Failure on any of these allows immediate execution (writ of possession and collection of the adjudged amounts), although the appeal on the merits may continue.

RTC appeal: Decided on the record (no new trial). RTC judgments in ejectment are typically immediately executory, without prejudice to further review (e.g., Rule 42 petition for review to the CA), but execution may proceed.

11) Execution: writ of possession and demolition

If the defendant does not voluntarily vacate, the court issues a writ of execution.
If structures prevent turnover, the court may issue a special order of demolition (after hearing).
Where underprivileged/homeless families are involved (urban poor), courts and sheriffs typically ensure compliance with UDHA safeguards (adequate notice, coordination with LGUs/DSWD, safety protocols, and—where applicable—relocation arrangements). Expect scheduling and coordination steps before demolition.

12) Money side: fees, bonds, and computation

Filing fees depend mainly on the money claims (rents/compensation/fees) you plead up to filing; ejectment itself is within first-level courts regardless of amount.
Supersedeas bond (defense) should roughly equal adjudged rents/damages/costs up to judgment.
Monthly deposits (defense during appeal) track rents/compensation as they fall due.
Keep a clean ledger from the start—judges appreciate simple arithmetic with receipts.

13) Common pitfalls & special situations

Late filing (>1 year): Your ejectment case will be dismissed; consider Acción Publiciana instead (ordinary, slower).
Agrarian disputes: If a bona fide tenancy exists (elements: parties are landowner & tenant; agricultural land; consent; purpose is production; personal cultivation; sharing of harvest), jurisdiction lies with DAR adjudicators, not the MTC.
Government as defendant: State projects or public land issues may trigger state immunity or special statutes (expropriation). Get counsel.
Rent-controlled dwellings: Special notice/grounds/limits may apply. Check the current rent control rules before acting.
Condo/HOA rules: Ejectment remains a court action; association sanctions cannot substitute for a court judgment.
Counterclaims: Only compulsory counterclaims within first-level court jurisdiction are allowed; excess gets dismissed without prejudice.
Ownership case pending elsewhere: Ejectment continues; a later final ownership judgment can control who ultimately keeps possession.

14) Step-by-step playbook (landlord/owner/prior possessor)

Diagnose the case
- FE = illegal entry with force/intimidation/threat/strategy/stealth.
- UD = hold-over or tolerated possession that turned illegal after demand.
Check the clock
- File within 1 year (see Section 3).
Send a proper demand (UD; send one even in FE if practical)
- State breach/expiry; give a clear deadline; demand vacate and pay; serve properly.
Barangay (if required)
- Initiate conciliation; secure CFA if no settlement.
Prepare the complaint package
- Verified Complaint + Certificate against Forum Shopping
- CFA (or explanation why not required)
- Demand + proof of service
- Key documents (lease/ownership/IDs/authority)
- Evidence (photos, affidavits, ledger, receipts)
- Prayer for restitution, rents/compensation (with computation), attorney’s fees, and costs; in FE, consider asking for preliminary mandatory injunction.
File in the proper MTC/MeTC/MCTC (property’s location); pay fees.
Litigate under Summary Procedure
- Expect 10-day period for Answer; preliminary conference, CAM/JDR, and position papers with affidavits.
- Be concise; make your computation idiot-proof.
Judgment & post-judgment
- If you win as plaintiff, move for execution unless the defense perfects appeal + posts supersedeas bond + makes monthly deposits.
- If you lose as plaintiff, evaluate appeal mechanics promptly (short deadlines).
Execution
- Coordinate with the sheriff; for demolition, expect a special order and LGU coordination, especially where UDHA concerns apply.

15) Clean, convincing pleadings (structure you can mirror)

A. Complaint—key allegations

Jurisdiction & venue (Rule 70; property location)
Property description (address, boundaries, area)
Plaintiff’s right and prior possession (or lessor status)
Defendant’s entry/withholding (FE specifics or UD with demand details)
Timeliness (filed within 1 year; dates)
Barangay compliance (attach CFA or state exception)
Damages (rents/compensation, computation to filing date; continuing until turnover)
Prayer (restitution, damages, fees, costs; FE: preliminary mandatory injunction)

B. Answer—defense highlights

Affirmative defenses (jurisdictional defects, agrarian, barangay)
Specific denials of material allegations
Proof (receipts, permits, contracts)
Compulsory counterclaims (if any; within jurisdiction)

16) Quick FAQ

Q: Can I claim moral damages? A: No. Ejectment limits you to rents/compensation, attorney’s fees, and costs.

Q: I own the title—why can’t the MTC finally settle ownership? A: Ejectment only safeguards possession. Ownership can be tackled later in a plenary case; any ownership discussion in ejectment is provisional.

Q: The defendant filed an ownership case—does that stop ejectment? A: No. Ejectment proceeds. A later final ownership judgment may affect who ends up with possession long-term.

Q: The tenant appealed but didn’t post a bond or deposit monthly rents. A: Move for immediate execution in the MTC (restitution and money awards) despite the pending appeal.

Q: What if we’re dealing with farm tenants? A: That’s likely an agrarian dispute—file with the DAR adjudicator, not in the MTC.

17) Simple demand-letter template (unlawful detainer)

Subject: Demand to Pay and Vacate – [Property Address] Date: [__________]

[Defendant’s Name] [Address]

Dear [Mr./Ms. _______],

You have been occupying the premises at [full address/description] by virtue of [state basis—lease dated ___ / tolerance since ___]. Your right to possess has ended on [date] by reason of [expiry/non-payment/violation of condition/specify].

We hereby demand that within [15 days if land / 5 days if building] from receipt of this letter, you (a) pay the sum of ₱[amount] for unpaid rentals/compensation up to [date], plus continuing rentals at ₱[rate] per [month], and (b) vacate and peacefully surrender the premises to us.

If you fail to comply within the said period, we will file the appropriate ejectment case to recover possession and to collect rentals/compensation, attorney’s fees, and costs, without further notice.

Sincerely, [Name & Signature] [Capacity/Authority, if applicable] [Contact details] Mode of Service: [Personal / Registered Mail (Registry No. ____ / date) / Courier (Airway Bill No. ____ / date)]

18) Final practical tips

File fast. The 1-year clock is unforgiving; missing it forces you into a slower plenary suit.
Make a tight record. Judges decide ejectment largely on papers. Clean timelines, clear demands, and neat computations win cases.
Name everyone in possession. Include “and all persons claiming rights under them” in the title/caption.
Think settlement. Mediation works well when you present realistic numbers and move-out timelines.
Get counsel early. Ejectment is summary but technical—especially on staying execution, agrarian exceptions, and UDHA compliance on demolition.

This guide is for general information only and isn’t a substitute for legal advice. If you want, tell me your situation (dates, demands sent, parties’ residences, contract/none), and I’ll map the exact steps and filings you’ll need.