Evicting the Previous Owner Who Still Occupies a Sold Property in the Philippines

A Comprehensive Legal Guide (updated June 2025)

Scope & intent – This article explains the complete legal landscape—from first demand letter to final sheriff’s writ—when a buyer already owns real property but the former owner refuses to vacate. Philippine statutes, rules of court, jurisprudence, and practical workflow are discussed. It is written for laypersons and property practitioners; it is not a substitute for individualized legal advice.

1. Why the Problem Happens

Root cause	Typical scenario
Delay in physical delivery (vendor stays on)	The seller asked for “a few months” after signing the Deed of Absolute Sale (DOAS) but then does not leave.
Foreclosure or execution sale	Winning bidder obtains the certificate of sale and even a new Transfer Certificate of Title (TCT) but mortgagor/debtor refuses to surrender possession.
Familial or inheritance disputes	Heirs sign a quitclaim in favor of one heir then continue occupying the ancestral home.
Double sale & bad-faith possession	Buyer with later registration discovers the earlier buyer still lives on the land.

Understanding why helps you choose the correct statutory remedy.

2. Core Legal Principles

Ownership vs. possession – Ownership transfers at the moment a valid sale is perfected (Civil Code, Arts. 1477 & 1495), or upon consolidation in foreclosure. Possession, however, must still be delivered (“tradition”).
Vendor’s obligation to deliver – Article 1495 obliges the seller to deliver the thing sold and its fruits. Failure gives the buyer a cause of action for specific performance or rescission (Art. 1191) plus damages.
Title as evidence – A registered TCT in the buyer’s name is incontrovertible against the world (Property Registration Decree, PD 1529). The titleholder is presumed to have rightful possession, even if actual possession is momentarily elsewhere.
One-year bar rule – For summary ejectment under Rule 70 (unlawful detainer), counting begins from the last demand to vacate, not the date of sale.
Exhaustion of barangay conciliation – For disputes where parties reside in the same city/municipality and no jurisdictional exceptions apply, a Katarungang Pambarangay certificate to file action is mandatory.

3. Non-Litigious First Steps

Step	Purpose	Practical tips
A. 1st Demand Letter	Put the seller in default (Art. 1169) and mark the start of prescriptive periods.	State sale details, cite Art. 1495, set a clear vacate date (e.g., “within 15 days”). Send by registered mail and personal service; keep registry receipts and pictures.
B. Barangay mediation	Cheaper, often effective if parties are neighbors.	Appear personally; if the Lupong Tagapamayapa issues a settlement, have it notarized to make it executory under Rule III of the Katarungang Pambarangay rules.
C. Settlement Agreement (sulit-bahay)	Negotiate rental or purchase price-holdback while vendor stays.	Put all terms in writing and register an adverse claim if possession will exceed 30 days.

4. Judicial Remedies: Choosing the Right Action

Remedy	When to file	Venue & procedure	Key time limits & evidence
Unlawful Detainer (Rule 70)	Possession was lawful at inception (e.g., vendor allowed to stay) but turned illegal after buyer’s demand.	Municipal/Metropolitan Trial Court (M/MeTC) where property is situated. Summary procedure; decision within 30 days of last pleading.	File within 1 year from final demand. Attach: DOAS/TCT, demand letter, proof of receipt.
Forcible Entry (Rule 70)	Vendor never had lawful right to stay—e.g., surreptitiously occupied property after sale.	Same as above.	Count 1-year from actual entry or discovery.
Acción Publiciana	Possession issue but more than 1 year since last demand.	Regional Trial Court (RTC). Ordinary procedure.	10-year prescriptive period if possessor is in good faith; 30 years otherwise.
Acción Reivindicatoria	Both ownership and possession are contested.	RTC of property’s location or where plaintiff resides (plaintiff’s choice).	10-year period if based on written contract; 30 years if no title.
Petition for Writ of Possession	After foreclosure (bank or sheriff sale) or extra-judicial settlement where statute grants an ex parte remedy.	RTC acting as land registration court (LRC).	Can be ex parte if no third-party claim; sheriff enforces immediately.

Costs & timeline – Filing fees depend on zonal value; summary ejectment often finishes in 6–12 months including appeal to RTC but excluding Supreme Court review.

5. Special Situations & Statutes

Rights of Redemption
- Extra-judicial foreclosure – Mortgagor has 1 year from registration of sheriff’s certificate of sale (Sec. 6, Act 3135). No ejectment until period lapses unless a bond is posted.
- Pacto de retro sales – Vendor can redeem within the agreed period (max 10 years, Art. 1606).
- Tax delinquency sale – Redemption within 1 year under the Local Government Code. → Tip: Serve notice to redeeming party; file affidavit of consolidation only after the period lapses.
Existing Lease or Tenancy
- Urban lease survives sale (Art. 1657); buyer simply substitutes the lessor, cannot evict until lease expires unless statutory grounds exist.
- Agricultural tenancy – Covered by RA 3844 & CARL (RA 6657). DARAB has exclusive jurisdiction; ejectment is barred unless ejector proves just cause (e.g., non-payment of leasehold rent).
- Rent Control Act (RA 9653, as periodically extended) restricts eviction of low-rent dwellers; 3-month notice is mandatory.
Underprivileged & Homeless Occupants (RA 7279, UDHA) If the former owner qualifies as an “informal settler,” demolition requires compliance with the 30-day written notice and local inter-agency committee relocation plan—even if a court writ has been issued.
Criminal Overtones
- Art. 312, Revised Penal Code – Occupying real property belonging to another by violence or intimidation can be prosecuted.
- Estafa (Art. 315 §2[a]) – Selling property, then refusing to deliver after payment may amount to swindling. Criminal action does not substitute for ejectment but can pressure settlement.

6. Evidence Checklist for the Buyer-Plaintiff

Deed of Absolute Sale / Certificate of Sale / Sheriff’s Deed
Transfer Certificate of Title (TCT) in buyer’s name (or consolidation annotation)
Tax Declaration & updated Real Property Tax (RPT) receipts
Demand letters with proof of service and Registry Return Card (if mailed)
Barangay summons or certificate to file action (if required)
Photographs or drone shots showing continued occupancy
Affidavit of two disinterested witnesses confirming possession timeline
Notarized sketch plan or approved subdivision plan (if boundary is disputed)

Having a complete evidentiary packet speeds up summary judgments and minimizes dilatory tactics.

7. Litigation Flow: Unlawful Detainer (Typical)

File complaint → M/MeTC issues summons within 3 days.
Defendant’s Answer → Due in 10 days (non-extendible).
Pre-trial / mandatory mediation → Within 30 days of last pleading.
Judgment → Ideally within 30 days from submission for decision.
Motion to reconsider → 15 days; seldom granted.
Appeal to RTC → Perfected by notice & payment within 15 days. RTC decision is immediately executory unless stayed by supersedeas bond and rent deposits.
Petition for Review to CA (Rule 42) → 15 days; does not stay execution unless CA issues TRO.
Entry of judgment; Writ of Demolition → Sheriff and local police enforce; barangay clearance not required at this stage.

8. Strategic Considerations & Common Pitfalls

Error	Consequence	Fix
Waiting >1 year after demand before filing	Unlawful detainer barred → forced into slower acción publiciana	Send fresh demand to restart clock (good faith requirement).
No barangay certificate	Case dismissed for prematurity.	Show exception (e.g., respondent resides in different city, issuance of writ of possession).
Filing ejectment while redemption period runs	Court may stay writ until redemption lapses.	File petition for writ of possession with bond (Act 3135).
Allowing vendor to pay “rent” without written lease	Court treats it as lease; buyer becomes lessor.	Make rental clearly temporary & conditioned on vacating.

9. Alternative Remedies & ADR

Special ADR Clause – Insert in the DOAS a submission to arbitration under the Alternative Dispute Resolution Act (RA 9285).
Judicial dispute resolution (JDR) – Ejectment courts routinely refer cases; success rate improves with lawyer-mediators.
Payment-for-Keys – Lump-sum incentive for early vacate; cheaper than years of litigation.

10. Timeline & Cost Projection (Metro Manila Example, 2025)

Stage	Typical duration	Direct cost (PHP)
Demand & barangay	1-2 months	₱3 000 (notary, photocopy, messengerial)
Unlawful detainer (1st level)	4-6 months	₱25 000 filing fee (≤₱2 M zonal value) + ₱50 000-100 000 lawyer’s fees
RTC appeal	3-6 months	₱5 000 docket; same legal fees
Sheriff’s writ & demolition	1-2 months	₱20 000-50 000 (sheriff, police, debris hauling)
TOTAL	≈ 18 months	≈ ₱100 000-200 000 (excluding appeal to CA/SC)

Costs rise in provinces with travel expenses but sheriff fees are often lower.

11. Frequently Asked Questions

Can the buyer change the locks or fence off the lot? No. That risks a counter-charge of forcible entry. Always secure a court writ or the occupant’s written consent.
The seller promises to vacate after harvest season. Should I still sue? Enter a time-bound memorandum; if possession extends beyond one crop cycle without payment, file ejectment.
There are still unpaid realty taxes under the seller’s name—can I refuse final payment? Yes; under Art. 1599 you may withhold price until full delivery, including title free from encumbrance. But once you accept the title and register it, your remedy is damages, not rescission, absent fraud.
I bought via Pag-IBIG housing loan; can the Fund evict the previous owner for me? No. Pag-IBIG finances your purchase but is not a party to possession suits. You (or the bank as mortgagee) must initiate ejectment.
Does Republic Act 11573 (2021 Cadastral Reforms) affect eviction? Mostly no; RA 11573 streamlined original registration and reversion but did not amend ejectment rules. It can, however, shorten title confirmation leading to stronger possession claims.

12. Practical Checklist Before Closing a Sale

Prevention measure	Why it matters
Insert “vacate on or before” clause with liquidated damages.	Gives immediate contractual basis for damages claim.
Retain 5-10 % of purchase price until turnover.	Financial leverage.
Require seller’s Sworn Statement of Non-Tenancy.	Shields buyer from agrarian ejectment barriers.
Conduct site inspection day of signing.	Verifies no new occupants moved in.
Register adverse claim if title transfer will be delayed.	Puts third parties on notice; counters double sale.

Conclusion

Evicting a former owner who refuses to leave is rarely “plug-and-play.” The Philippine system balances the buyer’s right to enjoy property against social justice policies that protect possessors. Start with a clear demand, exhaust barangay conciliation where required, then file the proper action—usually unlawful detainer within one year. Prepare complete evidence, expect at least a year of litigation, and consider settlement sweeteners. Above all, draft your sales contracts with turnover safeguards so eviction becomes the exception, not the rule.

—End of Article—