Acquiring a property through a Pag-IBIG Fund foreclosure sale (Acquired Assets) is often a cost-effective path to homeownership. However, a common hurdle for successful bidders and new owners is the presence of hold-over tenants or the previous owners themselves who refuse to vacate. In the Philippine legal context, removing these occupants requires strict adherence to due process to avoid criminal liability for "coercion" or "illegal entry."

1. Understanding the Nature of the Possession

Before initiating legal action, it is vital to determine the status of the occupant.

Former Owners: If the occupant is the previous mortgagor whose rights were foreclosed, their right to possess the property generally ends upon the expiration of the one-year redemption period and the subsequent consolidation of title in the name of Pag-IBIG (or the new buyer).
Lessees (Tenants): If the occupant is a third-party tenant with a valid lease agreement with the previous owner, the Rent Control Act (R.A. 9653) and the Civil Code may offer them temporary protections, provided they are up to date on rentals. However, foreclosure generally serves as a valid ground to terminate a lease, subject to notice requirements.

2. The Consolidation of Ownership

The process begins when the high bidder (the new owner) receives the Certificate of Sale.

Redemption Period: The mortgagor has one year from the date of the registration of the Certificate of Sale to redeem the property.
Consolidation: If no redemption occurs, the buyer must consolidate the title. This involves paying the necessary taxes (Capital Gains Tax or CWT, Documentary Stamp Tax) and registering the Affidavit of Consolidation with the Registry of Deeds.
New TCT/CCT: A new Transfer Certificate of Title is issued in the buyer's name. At this point, the buyer’s right to possession becomes absolute.

3. Judicial Remedy: The Writ of Possession

The most efficient legal tool for a new owner of a foreclosed property is the Writ of Possession. Under Act No. 3135 (the law governing extrajudicial foreclosures), the purchaser in a foreclosure sale may apply for a writ of possession.

During the Redemption Period: The buyer may petition the Regional Trial Court (RTC) for a writ of possession by posting a bond equivalent to the use of the property for twelve months.
After Consolidation: Once the title is consolidated in the buyer's name, the issuance of a writ of possession becomes a ministerial duty of the court. This means the judge is legally obligated to issue the writ upon a formal petition, as the buyer has become the absolute owner.

Note: A Writ of Possession is generally faster than a standard Ejectment case because it does not require a full-blown trial on the merits of who "owns" the property; it is a summary proceeding based on the registered title.

4. Alternative Remedy: Ejectment Suits

If the Writ of Possession is not applicable (e.g., if the buyer chose not to use the foreclosure-specific remedy or if the occupant is a third party claiming a right independent of the mortgagor), the owner may file a Summary Action for Ejectment in the Municipal Trial Court:

Unlawful Detainer: Filed when the occupant’s initial possession was legal (e.g., a lease or by tolerance) but became illegal after the right to possess expired or was terminated by a Demand to Vacate. This must be filed within one year from the date of the last demand letter.
Forcible Entry: Filed if the occupant took possession through stealth, strategy, or force.

5. The Critical Requirement: Demand to Vacate

Whether pursuing a Writ of Possession or an Ejectment case, the owner must serve a formal Demand to Vacate and Pay.

The demand must be written.
It should be served personally or via registered mail.
It must give the occupant a specific period (usually 15 days for land or 5 days for buildings) to leave the premises and pay any arrears or "reasonable compensation" for the use of the premises (mesne profits).

6. The Role of the Barangay

For disputes between natural persons (not involving corporations), the case must usually undergo Barangay Conciliation (Katarungang Pambarangay) before a complaint can be filed in court. A "Certificate to File Action" is required. However, petitions for a Writ of Possession are generally exempt from this requirement as they are ex-parte applications arising from the foreclosure law.

7. Prohibited Acts: "Self-Help"

New owners are often tempted to cut off utility lines (electricity/water) or forcibly change locks. Under Philippine law, these acts can lead to:

Grave Coercion: A criminal offense under the Revised Penal Code.
Civil Damages: The occupant may sue the owner for damages and an injunction to restore utilities.

The only legal way to physically remove an occupant is through a Sheriff acting under a court-issued Writ of Execution or Writ of Possession.

Summary of the Process Table

Step	Action	Legal Basis
1	Title Consolidation	Registration with Registry of Deeds
2	Demand Letter	Formal notice to vacate and pay
3	Petition for Writ of Possession	Act No. 3135 (RTC)
4	Issuance of Writ	Ministerial duty of the Court
5	Implementation	Execution by the Court Sheriff