(Philippine legal context; general information, not a substitute for legal advice.)

Evicting a tenant in the Philippines is tightly regulated. A landlord cannot simply lock a tenant out, cut utilities, seize property, or forcibly remove occupants. Eviction must be based on lawful grounds and carried out through the proper process—usually a court action called ejectment. Failure to follow the rules may expose the landlord to civil, criminal, or administrative liability.

This article explains the main legal bases, the step-by-step procedure, special rules for rent control and informal settler situations, defenses tenants often raise, and practical guidance for landlords.

I. Core Legal Framework

Several laws and rules intersect in Philippine tenant evictions:

Civil Code of the Philippines (Lease provisions) Governs lease contracts, rights and obligations, grounds for termination, notice, and damages.
Rules of Court (Ejectment cases)
- Rule 70 (Forcible Entry and Unlawful Detainer) provides the main judicial process.
- Ejectment cases are summary in nature, meant to be faster than ordinary civil actions.
Rent Control Act (Republic Act No. 9653) Applies to residential units within statutory rent thresholds (thresholds have changed over time). It sets limits on rent increases and specifies allowable grounds for eviction when covered.
Special Housing / Social Justice Laws
- Urban Development and Housing Act (UDHA), RA 7279 and related jurisprudence impose additional requirements for eviction of informal settlers / underprivileged homeless citizens and for government-related relocation processes. These are distinct from ordinary private leases, but can overlap if a tenancy exists in an area covered by UDHA protections.
Local ordinances / Barangay justice system Certain disputes require or benefit from barangay conciliation before filing in court, depending on parties’ residence and the nature of the dispute.

II. Types of Ejectment Cases

Philippine law recognizes two primary ejectment actions under Rule 70. The correct type matters because it affects deadlines and allegations.

A. Forcible Entry (FE)

When used: The tenant/occupant took possession by force, intimidation, threat, strategy, or stealth. Key feature: The occupant’s entry was illegal from the start.

Deadline to file: Within 1 year from actual entry (or from discovery if entry was by stealth).

B. Unlawful Detainer (UD)

When used: The occupant’s possession was initially lawful (e.g., by lease or tolerance) but became illegal after the right to possess ended—usually due to lease expiration or breach.

Deadline to file: Within 1 year from the last demand to vacate (not from lease expiration).

Most landlord-tenant evictions are Unlawful Detainer cases.

III. Lawful Grounds to Evict Tenants

Grounds come from (a) the lease contract, (b) the Civil Code, and (c) if applicable, the Rent Control Act.

A. Common Grounds Under the Civil Code / Lease

Non-payment of rent
- Failure to pay rent on time as agreed.
- Even partial or inconsistent payment can be a ground if it constitutes a substantial breach.
Expiration of lease term
- Lease ends on the date agreed.
- If tenant remains without a new agreement and landlord does not accept rent, possession becomes illegal after demand to vacate.
Violation of lease conditions Examples:
- Using the property for an unauthorized purpose (e.g., converting a residential unit into a business).
- Unauthorized sublease or assignment.
- Keeping prohibited animals or occupants when barred by contract.
- Repeatedly disturbing neighbors or violating building rules if incorporated in the lease.
Damage or misuse of the property
- Willful or negligent damage beyond ordinary wear and tear.
- Illegal alterations without consent.
Need for landlord’s personal use or by immediate family
- Generally recognized, but when rent control applies, stricter requirements exist (see below).
Demolition / major repairs needed
- If the property is unsafe or requires essential major repairs.
- Must be genuine and not a pretext.
End of tolerance / revoked permission
- When occupant stayed only by landlord’s tolerance (not a formal lease), landlord may revoke and demand they leave; continued stay becomes UD.

B. Special Grounds Under the Rent Control Act (RA 9653) — If Covered

When a residential unit is covered by rent control thresholds, eviction is limited to specific grounds, typically including:

Assignment or subleasing without written consent
Arrears in rent for a specified period (commonly 3 months)
Legitimate need of owner/lessor to repossess for own use or immediate family
- Usually requires that the owner has no other available residential unit.
- Often includes a rule that the unit cannot be re-leased to another tenant for a set period after eviction.
Need for major repairs or demolition because of structural defects
Expiration of lease term, but only if the lessor has complied with rent control requirements and gives proper notice under the law.

Important: If rent control applies, a landlord must ensure the ground fits the statute; contract terms cannot override rent-control protections.

C. Grounds That Are Not Lawful by Themselves

These are frequently cited but not valid grounds alone unless tied to a lawful basis:

“I want a new tenant who pays more.”
“I changed my mind.”
“The tenant complained or asserted rights.” (retaliatory evictions can be challenged)
Cutting water/electricity to force exit (illegal self-help).
Seizing tenant’s belongings without due process.

IV. The Required Demand to Vacate (Crucial Step)

For Unlawful Detainer, a written demand is a jurisdictional requirement. Without it, the case can be dismissed.

Demand must generally:

State the ground (e.g., unpaid rent, lease expiration).
Require tenant to:
- Pay rent/arrears and/or
- Vacate the premises.
Give a reasonable period to comply.

How to serve:

Personal service to tenant; or
Service at the leased premises to a person of suitable age; or
Registered mail/courier with proof of receipt; and
Keep evidence: copies, registry receipts, affidavits of service, photos, witness statements.

For Forcible Entry, demand is not strictly jurisdictional in the same way, but serving notice is still strategic and often expected.

V. Step-by-Step Judicial Procedure (Rule 70 Ejectment)

1. Preparation

Gather documents:

Lease contract and renewals
Proof of ownership / right to possess (title, tax declaration, SPA if representative)
Demand letter + proof of service
Rent ledger, receipts, bounced checks, bank transfers
Photos, incident reports, barangay blotters (if breach/damage/nuisance)
Computation of unpaid rent and damages

2. Barangay Conciliation (when required)

Under the Katarungang Pambarangay system, disputes between individuals living in the same city/municipality generally need barangay mediation first, unless exceptions apply. If required, obtain a Certificate to File Action from the barangay before going to court.

3. Filing the Complaint

File in the Municipal Trial Court (MTC/MeTC/MCTC) where the property is located. Include:

Allegations showing the ground for eviction
The demand and tenant’s non-compliance
Rentals due, damages, attorney’s fees, costs
Prayer for restitution (possession) and money claims

4. Summons and Tenant’s Answer

Tenant must file an Answer within 10 days from service of summons (summary procedure). No motion to dismiss is generally allowed; defenses are raised in the Answer.

5. Pre-Trial / Preliminary Conference

The court schedules a preliminary conference to:

Mark evidence
Clarify issues
Encourage settlement
Define trial limits

6. Submission of Position Papers or Trial

Ejectment follows summary rules:

Parties submit affidavits, documents, and position papers.
Oral hearings are limited; affidavits often substitute for testimony.

7. Judgment

Court must decide promptly. Possible outcomes:

Judgment for landlord: tenant ordered to vacate and pay arrears/damages.
Judgment for tenant: complaint dismissed; landlord may be ordered to pay costs/damages if bad faith.

8. Execution

If landlord wins:

Landlord files a Motion for Execution.
Court issues a Writ of Execution.
Sheriff enforces—removal only by sheriff, not private persons.

9. Appeal

Tenant may appeal to the RTC within 15 days from judgment. But to stay execution pending appeal, tenant must:

Perfect the appeal on time, and
File a supersedeas bond covering rent/damages adjudged, and
Continue depositing rent with the court during appeal.

If tenant fails these, execution proceeds even while appeal is pending.

VI. Time Limits and Venue Pitfalls

1-Year Rule
- FE: 1 year from unlawful entry
- UD: 1 year from last demand Filing outside these turns the case into an accion publiciana (ordinary action for recovery of possession) in the RTC, which is slower.
Venue is mandatory Must be filed in the court where the property is located.

VII. Tenant Defenses You Should Expect

Tenants often raise:

Invalid / unserved demand
- Demand not written
- Wrong address or no proof of service
- Demand missing “pay or vacate” language
Payment or tender of rent
- Proof of payment, consignment, or refusal by landlord.
No landlord-tenant relationship
- Claiming ownership or different basis for possession.
Rent control protection
- Alleging unit is covered and eviction ground is not allowed.
- Alleging illegal rent increase.
Waiver / tolerance
- Landlord accepted rent after termination or after breach, implying renewal or waiver.
Retaliatory or bad-faith eviction
- For example, eviction after tenant complained about habitability.

Good documentation is the best antidote.

VIII. Illegal Self-Help: What Landlords Must Not Do

Even if the tenant is clearly in the wrong, landlords should never:

Change locks or bar entry without a writ
Remove doors/windows
Shut off water/electricity
Harass, threaten, or use force
Take tenant’s personal property as “security”
Publicly shame or post notices with personal data

These acts can lead to criminal complaints (e.g., coercion, trespass, unjust vexation), civil damages, and dismissal of an eventual ejectment case for bad faith.

IX. Special Situations

A. Holdover Tenants (Lease Expired but Rent Accepted)

If landlord continues accepting rent after expiry without a clear reservation, the law may treat the lease as impliedly renewed (month-to-month or based on payment periods). To avoid this:

Serve clear non-renewal notice before expiry, and
If accepting payments, specify “for use and occupancy only, without prejudice to ejectment,” and document it.

B. Subtenants / Unauthorized Occupants

If sublease is authorized, subtenants may have limited rights tied to the main lease.
If unauthorized, that itself is a ground (especially under rent control).

C. Informal Settlers / UDHA-covered Evictions

Where occupants are classified as underprivileged homeless and eviction is covered by UDHA or local housing rules, additional requirements may exist, such as:

Adequate notice
Coordination with local government
Relocation steps in certain cases Private owners still can recover property, but the process may be more regulated.

D. Commercial Leases

Commercial leases are usually not covered by rent control. Grounds are mostly contractual and Civil Code-based. Demand and Rule 70 procedures still apply.

X. Practical Landlord Checklist

Use a written lease with clear clauses on:
- Term, rent due dates, escalation, deposit
- Prohibited acts
- Subleasing rules
- Grounds for termination
- Attorney’s fees and liquidated damages
Maintain a rent ledger and issue receipts.
Serve a proper written demand and keep proof.
Avoid mixed signals Don’t accept rent after demanding termination unless you document it as not renewing.
Try barangay resolution where appropriate—fastest way to settle.
File the right case on time Missing the 1-year window slows everything down.

XI. Remedies Aside from Eviction

Landlords may also pursue:

Collection of sum of money (unpaid rent/damages) with or without ejectment
Damages for property destruction
Specific performance of lease obligations
Accion publiciana or reivindicatoria when ejectment is no longer available due to time limits or title issues

XII. Key Takeaways

Eviction must rest on lawful grounds—most commonly non-payment, breach, or lease expiration.
Written demand is essential for unlawful detainer.
Ejectment cases are filed in the MTC and follow a summary process.
Only a sheriff with a writ can physically evict.
Rent control and UDHA situations impose extra limits.
Self-help eviction is illegal, even if the tenant is clearly at fault.

If you want, tell me your scenario (residential vs commercial, lease status, alleged breach, rent level, and timeline), and I can map it to the right ground and process in a neutral, step-by-step way.