Introduction

In the Philippines, purchasing real property often comes with the promise of exclusive possession and use. However, a common challenge arises when the acquired land is occupied by squatters—individuals or families who have settled on the property without legal title or permission from the owner. These informal settlers may have built structures, cultivated the land, or resided there for years, complicating the new owner's efforts to take control. Eviction becomes necessary to enforce property rights, but it must be conducted lawfully to avoid legal repercussions, such as charges of forcible entry or violations of human rights.

This article explores the entire process of evicting squatters from a purchased property after initial demand letters have been issued. It covers the legal basis, procedural steps, rights and obligations of involved parties, potential obstacles, and best practices, all within the framework of Philippine law. Understanding this topic is crucial for property buyers, as improper eviction can lead to protracted litigation, financial losses, and social conflicts.

Legal Framework Governing Squatters and Eviction

Philippine law recognizes property ownership as a fundamental right under the 1987 Constitution (Article III, Section 9), which protects private property from unwarranted deprivation. However, it also balances this with social justice provisions, particularly for the underprivileged, as seen in laws addressing informal settlers.

Key statutes and regulations include:

Republic Act No. 7279 (Urban Development and Housing Act of 1992): This is the primary law on squatters, defining them as "professional squatters" (those who occupy land without permission and can afford legal housing) or "underprivileged and homeless citizens" (those in poverty without adequate housing). It mandates relocation and prohibits summary evictions without due process, consultation, and adequate relocation sites. Demolitions require a 30-day notice and can only proceed under court order or specific conditions like public safety hazards.
Civil Code of the Philippines (Republic Act No. 386): Articles 428-433 affirm the owner's right to possess, use, and dispose of property. Squatters may be considered possessors in bad faith (Article 526), entitling the owner to recover possession without indemnifying improvements unless made in good faith.
Revised Rules of Court (Rule 70 on Forcible Entry and Unlawful Detainer): This governs ejectment actions in Municipal Trial Courts (MTCs). Unlawful detainer applies when possession was initially lawful but became illegal (e.g., after demand to vacate), while forcible entry covers entry by force, intimidation, threat, strategy, or stealth.
Presidential Decree No. 957 (Subdivision and Condominium Buyers' Protection Decree): Relevant if the property is part of a subdivision, requiring developers to clear squatters before sale, but buyers may inherit issues if not addressed.
Local Government Code (Republic Act No. 7160): Empowers local government units (LGUs) to handle relocation and demolition, often through the Local Inter-Agency Committee (LIAC) for anti-squatting efforts.
Human Rights Considerations: The Commission on Human Rights (CHR) and international treaties like the International Covenant on Economic, Social and Cultural Rights (ICESCR), which the Philippines ratified, emphasize humane treatment during evictions, prohibiting forced evictions without alternatives.

Court decisions, such as City of Manila v. Laguio (G.R. No. 118127, 2005), underscore that evictions must comply with RA 7279 to avoid being deemed arbitrary.

Pre-Eviction Steps: The Role of Demand Letters

Before resorting to court, a property owner must exhaust peaceful means, starting with demand letters. These serve as formal notices to vacate and are prerequisite for filing an ejectment suit.

Drafting and Serving Demand Letters

Content: A demand letter should clearly state the owner's identity, proof of ownership (e.g., Transfer Certificate of Title or Deed of Sale), description of the property, identification of the squatters (if known), reasons for eviction, a reasonable deadline to vacate (typically 15-30 days), and warnings of legal action if ignored. It may reference RA 7279's relocation requirements if applicable.
Service: Letters must be served personally, via registered mail with return receipt, or through barangay officials. Multiple letters may be sent if initial ones are ignored, building a record of good faith efforts.
Barangay Conciliation: Under the Katarungang Pambarangay Law (PD 1508, as amended by RA 7160), disputes involving real property in the same barangay must first undergo conciliation at the barangay level. The owner files a complaint with the Lupong Tagapamayapa, leading to mediation sessions. If unsuccessful, a Certificate to File Action is issued, allowing court proceedings.

Failure to issue demand letters or skip barangay conciliation can result in dismissal of the ejectment case for lack of cause of action.

Judicial Eviction Process

If squatters refuse to leave after demand letters and conciliation, the owner files a complaint for unlawful detainer or forcible entry in the MTC with jurisdiction over the property.

Filing the Complaint

Venue and Jurisdiction: MTCs handle ejectment cases exclusively (BP 129, as amended). The complaint must be filed within one year from the last demand (for unlawful detainer) or from dispossession (for forcible entry).
Requirements: Attach proof of ownership, demand letters, barangay certificate, affidavits from witnesses, and payment of filing fees. The complaint alleges prior physical possession by the owner (or predecessor), unlawful occupation by squatters, demands to vacate, and refusal.
Summary Procedure: Ejectment cases follow expedited rules—no postponements except for valid grounds, mandatory preliminary conference, and decision within 30 days after submission.

Court Proceedings

Answer and Defenses: Squatters have 10 days to file an answer. Common defenses include claims of ownership, good faith possession, or entitlement to relocation under RA 7279. If squatters qualify as underprivileged, the court may require proof of relocation plans.
Preliminary Injunction or TRO: The owner may seek a writ of preliminary mandatory injunction to restore possession pending trial.
Trial and Judgment: Evidence includes titles, surveys, photos, and testimonies. If the owner prevails, the court issues a judgment for eviction, restitution of possession, and possibly damages (e.g., reasonable rental value under Article 1670 of the Civil Code).
Execution: A writ of execution is issued immediately unless appealed. Demolition requires a separate special order under RA 7279, involving the sheriff, LGU, and notice to affected families.

Appeals

To RTC: Losers appeal to the Regional Trial Court (RTC) within 15 days, posting a supersedeas bond and monthly rentals to stay execution.
Higher Courts: Further appeals to the Court of Appeals (CA) via petition for review, and ultimately to the Supreme Court on questions of law.

Rights and Obligations

Property Owner's Rights

Exclusive possession and recovery via accion publiciana (for possession beyond one year) or accion reivindicatoria (for ownership) if ejectment is inappropriate.
Reimbursement for necessary expenses but not for squatters' improvements unless in good faith.
Protection from self-help evictions; owners cannot use force, as this may lead to criminal liability under Article 286 of the Revised Penal Code (grave coercion).

Squatters' Rights

Due process: No eviction without court order.
Relocation: Under RA 7279, underprivileged squatters in danger zones or government project areas are entitled to relocation sites with basic services. Professional squatters have no such rights.
Census and Tagging: LGUs conduct pre-eviction censuses to identify beneficiaries.
Moratoriums: Temporary bans on evictions may apply during calamities or under executive orders.

Challenges and Complications

Large-Scale Squatting: In urban areas like Metro Manila, syndicates may organize squatters, leading to resistance or violence. Coordination with the National Housing Authority (NHA) or Department of Human Settlements and Urban Development (DHSUD) is essential.
Adverse Possession Claims: If squatters have occupied for 30 years in good faith (Article 1137, Civil Code), they might acquire title, though rare for purchased properties.
Environmental and Zoning Issues: Properties in protected areas (e.g., under NIPAS Act) may restrict evictions.
Costs and Delays: Legal fees, surveys, and appeals can be expensive and time-consuming, often taking 1-3 years.
Social and Ethical Concerns: Evictions can displace families, leading to homelessness. Owners are encouraged to offer voluntary relocation or compensation to foster amicable resolutions.

Alternative Remedies and Prevention

Quieting of Title: File a petition to remove clouds on title if squatters claim interests.
Criminal Actions: For qualified trespass (Article 281, RPC) or alarms and scandals if violence occurs.
Prevention for Buyers: Conduct due diligence—site inspections, title searches, and inquiries with LGUs—before purchase. Include warranties against squatters in the deed of sale.

Conclusion

Evicting squatters from a purchased property in the Philippines is a multifaceted process that demands adherence to legal protocols to protect both property rights and human dignity. Starting with demand letters and escalating to judicial action ensures legitimacy, but success hinges on thorough preparation and compliance with RA 7279 and related laws. Property owners should consult licensed attorneys specializing in real estate to navigate complexities, minimizing risks and promoting fair outcomes. Ultimately, while the law favors rightful owners, it also advocates for compassionate solutions to address the broader issue of housing inequality in the country.