Note: This is general legal information based on Philippine law and practice. It’s not a substitute for advice from a lawyer, PAO, or the prosecutor’s office handling your case.

1. What Is “Trespassing” Under Philippine Law?

In Philippine criminal law, “trespassing” is generally covered by the Revised Penal Code (RPC):

Qualified Trespass to Dwelling (Article 280)
- Entering someone else’s dwelling against the will of the owner or occupant.
- The law protects the sanctity and privacy of the home, not just ownership.
- It becomes more serious if done with violence or intimidation.
Other Forms of Trespass (Article 281)
- Entering closed premises or a fenced estate of another without permission
- AND when there is a clear prohibition (e.g., signboards, warnings)
- OR you are required to leave and you refuse.

Trespass is criminal in nature. But many “trespass-like” situations are actually civil or administrative disputes, such as:

Boundary disputes between neighbors
Conflicts between co-owners or family members over a house or lot
Cases where the issue is really who has the better right to possess the property, not just entry

Those may instead require ejectment (unlawful detainer/forcible entry) or civil actions, not necessarily a criminal trespass case.

2. Is Your Situation Really Trespass?

Before you start filing anything, it helps to check if your problem actually fits trespass.

Ask these basic questions:

Whose property is it?
- You do not need to be the owner; it’s enough if you are the lawful occupant (e.g., a tenant) of a dwelling.
- But if the person entering is a co-owner or someone with a lawful right to be there, trespass becomes trickier.
Was there consent?
- If you allowed the person in (even before), and the issue now is that they won’t leave, it may still become trespass if you clearly withdrew consent and they refused to go.
- However, if they also claim a right to stay (e.g., long-term occupant, spouse, co-owner), prosecutors sometimes treat the case more as a civil issue.
Was your property clearly off-limits?
- For closed premises or fenced land:
  - Is it enclosed or marked as private?
  - Did you or a guard clearly tell them “Bawal Pumasok” / “Leave Now”?
Is your main goal criminal punishment or just getting them out?
- If your main aim is to remove or evict someone, an ejectment case in court or negotiation via the barangay might be more practical.

If you still believe it’s trespass, you can proceed with the criminal route described below.

3. First Priority: Safety and Immediate Response

Before any paperwork: protect yourself and others.

Get to safety.
- Do not confront an armed or aggressive intruder alone.
- Move to a secure place and bring family members with you.
Call authorities immediately.
- Barangay: call the barangay hall or tanods to respond.
- Police: you can dial the local police station or hotlines.
- If the trespasser is currently inside or has just fled, police response is vital for possible warrantless arrest (for crimes in flagrante delicto).
Avoid using unlawful force yourself.
- You may defend yourself within the bounds of self-defense, but avoid excessive force or vigilante actions that might expose you to criminal liability.

4. Preserve and Gather Evidence

Even at the earliest moments, think “evidence mode”:

Photographs and videos
- Take photos of:
  - Damage to doors/windows or locks
  - Footprints, cut fences, broken gates
  - The intruder, if safe to do so
- CCTV footage: save and back it up; get copies from neighbors or establishment CCTV.
Documents
- Proof that you occupy or own the property:
  - Land title, tax declaration, lease contract, utility bills, barangay certificate, etc.
- Any written demand you gave them to leave (texts, chats, letters).
Witnesses
- Get names, contact numbers, and addresses of:
  - Neighbors, security guards, barangay tanods
  - Anyone who saw the intruder enter, refuse to leave, or act violently.
Medical records (if there was violence)
- If someone was hurt, seek immediate medical examination.
- Keep:
  - Medical certificates
  - Photos of injuries
  - Receipts for treatment (these can be used for damages).

All of these will later support your complaint-affidavit and any criminal or civil cases.

5. Barangay Level: Blotter and Conciliation

5.1 Barangay Blotter

Your first formal step is usually the barangay.

Go to the barangay hall where the incident occurred or where you reside.
Tell the duty officer that you want to have the incident entered into the barangay blotter.
Provide:
- Your name and address
- Date, time, and location of the incident
- Name or description of the trespasser
- Summary of what happened
Read the entry and make sure it reflects the facts accurately before signing.

A barangay blotter is not yet a criminal case, but it documents the incident officially.

5.2 Katarungang Pambarangay and Conciliation

Under the Katarungang Pambarangay Law, if you and the offender:

Live in the same city/municipality
AND the offense is minor (lower penalty)

then you are often required to undergo barangay conciliation first before filing in court or with the prosecutor.

At the barangay:

You file a written or oral complaint to the Punong Barangay.
The Punong Barangay schedules:
- Mediation: you, the respondent, and the Punong Barangay
- If unsuccessful, a hearing before the Lupon Tagapamayapa
Possible results:
- Amicable settlement – may include an agreement that the respondent will no longer enter your property and may pay damages.
- Arbitration award – if both parties agree to submit to arbitration.
- Issuance of a Certificate to File Action – if settlement fails or the respondent keeps ignoring summons.

If you are required to undergo barangay conciliation and you skip it, your later complaint in court or before the prosecutor may be dismissed for lack of prior barangay conciliation, unless your case falls under one of the recognized exceptions (for example, more serious criminal penalties, different localities, public officers in performance of duties, etc.).

6. Police Report and Initial Criminal Complaint

You may also go directly to the police station (especially if:

There was violence,
The trespasser is armed or dangerous, or
You want urgent law enforcement action.

6.1 Filing a Police Blotter / Incident Report

At the police station:

Tell the desk officer you want to file a complaint for trespass.
They’ll encode your statement in an incident report/police blotter.
Check that the details are correct:
- Exact time, date, and place
- Description of the offender and their actions
- Any threats, damage, or injuries
You may be asked to sign a sworn statement (sinumpaang salaysay).

6.2 When the Offender Is Caught

If the trespasser is caught in the act:

The police may perform a warrantless arrest (subject to rules on arrest in flagrante delicto).
The suspect may undergo inquest proceedings before a prosecutor.
You will be required to execute a detailed sworn statement and possibly testify at inquest.

7. Filing a Criminal Complaint with the Prosecutor’s Office

The Office of the City/Provincial Prosecutor conducts preliminary investigation to determine if there is probable cause for trespass.

7.1 Two Common Scenarios

Inquest proceeding
- Happens when the suspect was arrested without a warrant.
- Time-sensitive and urgent, usually within hours from arrest.
- You’ll be asked to give your version under oath before the inquest prosecutor.
Regular filing (no arrest yet)
- You file a complaint-affidavit with supporting documents.
- The prosecutor will issue a subpoena to the respondent.
- There may be counter-affidavits, clarificatory hearings, then a resolution.

7.2 Drafting Your Complaint-Affidavit

A complaint-affidavit is your formal, sworn narration of the incident. It usually contains:

Heading – e.g., “Republic of the Philippines, Office of the City Prosecutor of ___”
Parties – Your name as complainant, the intruder as respondent.
Allegations – Clear, chronological facts:
- Your status regarding the property (owner, tenant, lawful occupant)
- How and when the respondent entered your dwelling, premises, or fenced land
- That entry was against your will or without permission
- Any express prohibition (“No Trespassing” signs, prior warnings)
- Any demands to leave and respondent’s refusal
- Any violence, threats, or damage
Link to the law – You can state that these acts constitute violation of Article 280/281 of the Revised Penal Code, as amended (if you know which applies).
Prayer – That criminal charges be filed and the respondent be prosecuted.
Signature & Jurat – You sign before a prosecutor or notary public, who administers your oath.

7.3 Attachments

Common attachments include:

Photocopy of your ID
Proof of your right to occupy the property:
- Title, tax declaration, lease contract, barangay certificate, etc.
Photos of damage or entry points
CCTV stills or USB drive (if acceptable) – ask first about format
Medical certificates, if injuries occurred
Affidavits of witnesses – each sworn and properly notarized/subscribed
Barangay blotter and Certificate to File Action (if applicable)
Police blotter or incident report

7.4 Prosecutor’s Action

The prosecutor will:

Examine if the facts alleged constitute trespass and if evidence supports probable cause.
If probable cause exists:
- Issue a Resolution recommending the filing of an Information in court
- Forward it to the proper trial court (usually the first level court, depending on penalty).
If not, the complaint may be dismissed. You may file a motion for reconsideration or appeal to the Department of Justice (subject to rules and time limits).

8. Filing the Case in Court (Brief Overview)

If an Information is filed:

The court may issue:
- A warrant of arrest, or
- In some less serious cases, a summons for the accused to appear.
You, as complainant:
- Will later be a witness for the prosecution.
- May claim civil liability (e.g., damages) as part of the criminal case.
The accused:
- May post bail (if bailable)
- Will go through arraignment, pre-trial, trial, and possible judgment.

9. Civil and Administrative Remedies Parallel to Trespass

While you pursue a trespass complaint, you might also consider:

Ejectment (Forcible Entry / Unlawful Detainer)
- Filed in the Municipal/Metropolitan Trial Court
- Aim: Recover physical possession of property
- Summary procedure; there are short prescriptive periods (forcible entry typically within one year from dispossession).
Civil Action for Damages
- For destruction of property, loss of business, emotional distress, etc.
Association / Condo / Subdivision Rules
- If you’re in a subdivision or condominium, you may:
  - File complaints with the homeowners’ association, condo corp, or admin
  - Seek sanctions under by-laws or rules (fines, loss of privileges, etc.).

These are separate from, but sometimes coordinated with, your criminal trespass complaint.

10. Special Situations

10.1 Trespass by Public Officers

If the entry was done by police or public officers:

Check if they had:
- A valid warrant, or
- A situation covered by recognized exceptions (e.g., hot pursuit, ongoing crime).
Unlawful entry by public officers may involve other crimes (like violation of domicile) and constitutional issues.

10.2 Family and Domestic Situations

When the person entering is:

A spouse
A child/parent
A co-owner or other relative

the situation may be complicated by family rights, property regimes, and domestic relations, and may not neatly fit a plain trespass case. Prosecutors sometimes treat such cases as better resolved through civil suits, protection orders (if violence/abuse exists), or family courts.

10.3 Tenants, Boarders, and Former Occupants

If:

A tenant refuses to leave after the contract ends, or
A boarder you previously allowed to stay won’t vacate,

this often falls under unlawful detainer or a lease dispute, more than classic trespass. The usual remedy: ejectment in court plus possible damages, not just a trespass complaint.

11. Practical Tips & Common Mistakes

Be consistent.
- Your story in the barangay, police, and prosecutor’s office must match in the important details: date, time, acts, threats, property description.
Do not exaggerate.
- Stick to facts. Adding fictional details can harm your credibility.
Keep copies of everything.
- Blotter entries, affidavits, photos, CCTV screenshots, receipts, etc.
Watch the deadlines.
- Some related actions (like forcible entry) are time-bound. Don’t delay seeking advice.
Avoid retaliatory or illegal acts.
- Don’t defame the person publicly, destroy their property, or commit your own violations in reaction to the trespass.
Consult a lawyer when possible.
- Even a brief consultation can clarify whether your case is:
  - Criminal trespass
  - Civil ejectment
  - Something else entirely (e.g., boundary or inheritance dispute).

12. Simple Step-by-Step Checklist

If you believe you are a victim of trespass in the Philippines, your first steps can look like this:

Ensure safety. Leave the area if necessary and avoid confrontation.
Call barangay or police to respond, especially if the trespasser is present.
Document everything – photos, videos, witnesses, documents, injuries.
Barangay blotter – report the incident and check if barangay conciliation is required.
Police blotter – especially if there was violence, weapons, or repeat incidents.
Participate in barangay conciliation if applicable; get a Certificate to File Action if settlement fails.
Prepare a complaint-affidavit with attachments and file it with the Office of the City/Provincial Prosecutor.
Consider parallel civil actions (ejectment, damages) with the help of a lawyer.
Follow up with the prosecutor’s office and be ready to testify if the case reaches court.

If you describe your specific situation (who entered, what kind of property, what exactly happened), you can adapt these general steps into a more tailored action plan—but for that, it’s best to coordinate with a lawyer, PAO, or your local prosecutor’s office.