I. Introduction

A very common real-life problem in the Philippines looks like this:

A parent dies.
Their house and lot remain titled in the parent’s name.
One child or a relative, or sometimes even a stranger, stays in the property.
Other heirs want the occupant to vacate — but the title has not yet been transferred.

This raises key questions:

Do heirs already have the right to evict, even if the title is still in the decedent’s name?
Who should file the case — the heirs or the estate’s administrator?
Is a court case even necessary, or will a demand letter do?
What if the occupant is a co-heir, a tenant, or a squatter?

This article explains, in the Philippine legal context, how heirs’ rights to evict occupants work before title transfer — from the Civil Code rules on succession and co-ownership, to procedural rules on ejectment, to common problem scenarios.

(This is for information only and not a substitute for legal advice from a Philippine lawyer.)

II. Basic Legal Concepts

A. Succession and When Ownership Passes

Under the Civil Code, succession is the mode by which the property, rights and obligations of a deceased person are transmitted to his or her heirs by reason of death. Two cornerstone ideas:

Transmission at the moment of death
- The heirs’ rights to the inheritance arise at the very moment the decedent dies, not upon transfer of title in the Registry of Deeds.
- The title on record may still show the deceased as the registered owner, but beneficial ownership has already shifted to the heirs, subject to payment of debts, legitimes, and other obligations of the estate.
Inheritance as a mass of property (estate)
- The “inheritance” includes all property, rights and obligations which are not extinguished by death.
- Until partition, that mass of property is considered co-owned by the heirs (pro-indiviso), subject to estate proceedings where applicable.

Practical result: Even before title transfer, heirs are not “mere expectant beneficiaries”; they already have real rights over the inherited property that they can, in many situations, enforce in court.

B. Co-Ownership of the Estate

When there are multiple heirs and no partition yet:

They become co-owners of the hereditary property.
Each heir has an ideal or undivided share (e.g., 1/3, 1/4) in the whole property — not a specific room or portion, unless partition is done.
As co-owners, they collectively hold the rights of an owner:
- Use and enjoyment of the property.
- Participation in decisions.
- Right to defend the property against intruders or strangers, and
- Right to demand partition.

A crucial rule in co-ownership: Any co-owner may sue to recover possession or to eject a third party, even without the consent of the others, because the action is deemed to be for the benefit of all co-owners.

III. Title vs. Ownership: Why the Name on the Title Is Not Everything

Philippine land registration law (Torrens system) treats a certificate of title as evidence of ownership, not the source of ownership (with some nuances). In inheritance situations:

The death of the owner, not the issuance of a new title, transfers ownership to the heirs.
Registration of the new title in the heirs’ names is confirmatory, not creative, of their rights.

Therefore:

The fact that the title is still in the deceased’s name does not bar heirs from:
- Filing ejectment cases (forcible entry or unlawful detainer),
- Filing actions to recover possession or ownership,
- Demanding that unauthorized occupants vacate.

Courts routinely accept that heirs can stand in the shoes of the deceased owner, provided they show their status as heirs (through death certificates, extrajudicial settlement, or other evidence).

IV. Standing to Sue: Who Can File the Eviction Case?

Eviction usually means an ejectment case (forcible entry or unlawful detainer) in the first level courts, or a longer action for recovery of possession/ownership in the Regional Trial Court.

There are several possible plaintiffs:

A. Judicial Executor or Administrator (if there is an estate case)

If a testate or intestate estate proceeding has been opened in court:

The executor (if there is a will) or administrator (for intestate) is typically the one who:
- Manages the estate, and
- Represents the estate in lawsuits involving estate property.

Thus, where estate proceedings are ongoing:

Actions to recover possession or eject occupants are often filed by the executor/administrator on behalf of the estate.
The heirs are generally not required to act individually in matters covered by estate administration, although there are exceptions.

B. Heirs Acting Directly (with or without estate proceedings)

Even without title transfer, heirs themselves can usually sue, especially in the following situations:

No estate proceedings have been started
- In many cases, heirs may directly file a case to protect the property (e.g., ejectment against squatters or overstaying occupants), since they are already the beneficial owners.
Minor or straightforward disputes on possession
- For simple ejectment cases, courts recognize that heirs have a sufficient interest as successors of the deceased, particularly when:
  - They can show that the deceased was the owner/possessor, and
  - Their right to possession flows from him/her.
All heirs acting together
- When all or most heirs sign the complaint, courts are even more inclined to recognize their standing.
One heir acting as co-owner
- Because any co-owner can sue on behalf of the co-ownership, even one heir may initiate an ejectment case, and the judgment will benefit all co-heirs.

However, where a formal estate proceeding is already in place, courts may sometimes require that actions involving the estate be coursed through the executor or administrator — particularly if it affects liquidation and distribution, not merely physical possession.

V. Types of Eviction Actions Available to Heirs

A. Summary Ejectment: Forcible Entry and Unlawful Detainer

Under the Rules of Court, forcible entry and unlawful detainer are short, summary actions handled by first level courts (Municipal/Metropolitan/MTCC). They primarily resolve physical possession (possession de facto), not ownership.

Forcible Entry
- The defendant took possession by force, intimidation, threat, strategy, or stealth.
- Must generally be filed within one year from the date of actual entry (or discovery in case of stealth).
- Heirs can file if:
  - The deceased was the prior possessor, and
  - The heirs succeed to that possession at death and are deprived by forcible entry.
Unlawful Detainer
- The defendant’s possession was initially lawful (by tolerance, lease, permission, or some agreement), but has become illegal upon the expiration or termination of such right.
- Must generally be filed within one year from the date of last demand to vacate.
- Typical situations:
  - Relative allowed to stay in the ancestral home; heirs later revoke tolerance.
  - Tenant or lessee whose contract has expired; heirs refuse renewal.
  - Person allowed by the deceased to stay; heirs now want the property back.

In both forcible entry and unlawful detainer, heirs:

Do not need to have the title transferred to their names; they only need to prove prior possession by the decedent and their status as heirs, plus the unlawful act/continued possession of the defendant.
May rely on ownership only to clarify better right to physical possession, but the main issue is still possession, not full ownership.

B. Accion Publiciana (Recovery of Possession)

If more than one year has passed since:

The dispossession, or
The last demand to vacate,

the heirs may instead file accion publiciana in the Regional Trial Court. This is an ordinary civil action to recover the right to possess.

Characteristics:

It is not summary; it takes more time and involves more formal presentation of evidence.
Court may examine:
- Who has the better right to possess the property long-term,
- The nature of the parties’ claims to ownership as an incident.

Heirs can initiate this even if title is still in the decedent’s name, by proving:

The decedent’s prior ownership/possession,
Their status as successors, and
The lack of legal right of the current occupant.

C. Accion Reivindicatoria (Recovery of Ownership)

When the main issue is ownership itself, the heirs can file accion reivindicatoria — an action to recover both ownership and possession.

In an inheritance context:

Heirs allege that:
- The property belonged to the deceased owner,
- Upon death, ownership passed to them, and
- The defendant occupies or claims it without valid title as against the heirs.

This may be needed when:

The occupant claims to be a buyer, donee, or owner in his/her own right, and
The dispute cannot be settled just on physical possession.

Again, the lack of updated title (still in decedent’s name) does not prevent heirs from filing this action.

VI. Common Occupant Scenarios and Heirs’ Eviction Rights

A. Occupant Is a Co-Heir

This is extremely common: one heir lives in the property (often since before the parent’s death); other heirs live elsewhere.

Key points:

Co-heirs are co-owners of the inherited property.
A co-owner cannot simply evict another co-owner as if the latter were a squatter.
However:
- Use of the property should be proportionate and not prejudicial to the co-ownership.
- If one co-heir exclusively uses the property without paying anything or accounting, other heirs may:
  - Demand reasonable rentals or compensation for his exclusive use, and/or
  - File an action for partition, leading to:
    - Physical division (if feasible),
    - Sale of the property and division of proceeds, or
    - Assignment of the property to one heir with payment of the shares of the others.

Eviction of a co-heir is usually not framed as “get out, you’re illegal,” but as:

“You may stay, but you must pay reasonable rentals / account to the co-ownership,” or
“We want the property partitioned; if you cannot buy us out, it may be sold.”

In certain cases, if the co-heir occupant becomes hostile to the co-ownership (e.g., denying other heirs’ rights, barring access, claiming exclusive ownership), actions for reconveyance or recovery of co-possession combined with partition may be filed.

B. Occupant Is a Surviving Spouse

If the decedent left a surviving spouse, that spouse usually has:

Successional rights (legitime or inheritance), and/or
Conjugal/absolute community rights, depending on the marital property regime.

Additionally:

A family home enjoys special protection. Under the Family Code and related laws, the family home is generally exempt from execution for certain obligations and has rules on how and when it can be disposed of.

If the surviving spouse continues to live in the family home:

Heirs (especially children) cannot casually evict the spouse.
The surviving spouse may have the right to continue occupying the family home, at least for a certain period or under certain conditions.

Whether eviction is possible at all, and under what terms, will depend heavily on:

The nature of the property (family home or not),
The property regime (absolute community, conjugal partnership, separation of property),
The presence of minor children, and
The applicable provisions on family home and support.

Heirs must proceed with caution here and generally need professional advice.

C. Occupant Is a Lessee or Tenant of the Deceased

If the deceased leased the property to someone before death:

The lease contract does not automatically end with the lessor’s death.
The lease generally continues, with the heirs stepping into the shoes of the lessor as new landlords (or the estate, represented by the administrator).

Heirs may:

Recognize the lease and collect rentals, or
Terminate the lease in accordance with:
- The contract terms (expiry, pre-termination clauses), and
- The Civil Code provisions on lease.

Eviction rights in this scenario:

Heirs cannot arbitrarily evict the tenant before the lease term expires, unless:
- There is a legal ground for cancellation (e.g., non-payment of rent),
- The lease is void or voidable and annulled, or
- The lease has expired and the tenant refuses to vacate.

After termination/expiration with proper demand:

Heirs can file unlawful detainer, relying on the lease’s expiry and their status as successors of the lessor, regardless of title transfer status.

D. Occupant Is a Farmer or Agricultural Tenant

Where the property is agricultural land, the situation may be governed by agrarian laws (e.g., agricultural tenancy, leasehold, agrarian reform).

Legally recognized agricultural tenants or leaseholders have strong tenure security.
Evicting them is subject to special procedures and requires agrarian law grounds (e.g., serious breach of obligations).

In such cases:

Ordinary ejectment or civil actions may not be the proper remedy.
The case may fall under the jurisdiction of agrarian adjudication bodies.

Heirs must be very careful here; agrarian rules can override simple civil-law eviction remedies.

E. Occupant Is a Squatter or Unlawful Occupant Without Right

When the occupant has no contractual, successional, or legal right to be on the property (e.g., a squatter, stranger, or intruder), the heirs/estate typically can:

Send a written demand to vacate.
If the occupant refuses:
- File forcible entry (if entry was by force, intimidation, threat, strategy or stealth within one year), or
- File unlawful detainer (e.g., if initial tolerance but now revoked), or
- If the one-year period is long past, file accion publiciana or accion reivindicatoria.

Special laws (such as those on urban development and housing) may impose:

Requirements on notices,
Procedures for demolition and relocation of urban poor occupants, and
Coordination with local government units.

These may not eliminate the heirs’ substantive ownership rights, but they can delay or condition actual physical removal.

VII. Proof of Heirship and Evidence Issues

Heirs asserting eviction rights must be able to prove their status and their link to the property. Common evidence:

Death certificate of the registered owner.
Certificate of title in the deceased’s name.
Proof of relationship (birth certificates, marriage certificate, will).
Extrajudicial settlement or affidavit of self-adjudication, where applicable.
If there is a court-approved partition or estate proceeding, certified copies of orders or decisions.
Evidence of possession or ownership acts by the deceased and/or heirs (tax declarations, receipts, utility bills, photographs, testimonies).

Even if no title transfer yet, these documents help convince courts that:

The deceased owned/possessed the property, and
The plaintiffs rightfully step into his/her shoes as heirs.

VIII. Limitations and Defenses Against Heirs’ Eviction Claims

Occupants may raise defenses that limit or defeat the heirs’ attempt to evict, even before title transfer:

Prescription and laches
- In some property actions, long-continued possession or inaction by the owner/heirs can bar recovery (depending on the nature of the case and time periods involved).
Independent title or rights of the occupant
- The occupant may claim to be:
  - A buyer (with deed of sale),
  - A donee (with deed of donation),
  - A co-owner/compulsory heir,
  - A builder in good faith, or
  - A legally recognized tenant or lessee.
- If these claims are colorable, the case may escalate from simple ejectment to a full-blown ownership/reconveyance dispute.
Good faith builder or possessor
- Civil Code provisions protect builders, planters, and sowers in good faith:
  - They may be entitled to reimbursement for useful improvements, or
  - The owner may be compelled to pay before eviction, or
  - In some cases, they may retain the improvements or the land under specific conditions set by law.
Special protections (family home, urban poor, agrarian)
- A family home cannot be casually sold or deprived from beneficiaries.
- Urban poor communities may have procedural protections against demolition without relocation plans.
- Agrarian tenants have strong tenure security.
Pending estate proceedings and need for court approval
- When estate proceedings exist, certain acts involving estate property may require approval of the probate or intestate court, especially if they affect liquidation or distribution.

IX. Practical Steps for Heirs Considering Eviction (Before Title Transfer)

While specific legal advice is essential, a general road map looks like this:

Collect and organize documents
- Titles, tax declarations, receipts, death certificate, proof of relationship, photos of the property, etc.
Clarify heirship and estate status
- Identify all heirs.
- Determine whether:
  - There is an existing will,
  - Estate proceedings have already been filed,
  - An extrajudicial settlement is possible or has been executed.
Identify the type of occupant
- Co-heir?
- Surviving spouse?
- Tenant/lessee?
- Agricultural tenant?
- Squatter/stranger?
- Family friend allowed to stay?
Assess what legal regime applies
- Co-ownership rules for co-heirs.
- Family Code and family home rules for surviving spouse/minor children.
- Lease provisions for tenants.
- Agrarian laws for agricultural tenants.
- Special housing and urban development laws for urban poor occupants.
Make a clear written demand
- If eviction is appropriate, a written demand to vacate is typically required, especially for unlawful detainer.
- Demand letters should state:
  - Who the heirs are,
  - Their basis for ownership/possession,
  - The reason for termination of tolerance/lease, and
  - A definite period to vacate.
Choose the proper case
- Forcible entry: if entry was illegal and within one year.
- Unlawful detainer: if possession started lawfully but is now illegal; file within one year from last demand.
- Accion publiciana or reivindicatoria: for longer-term or ownership-centric disputes.
Coordinate with co-heirs
- Even if one heir may sue as a co-owner, it is often better to:
  - Inform or involve other heirs,
  - Avoid internal conflicts, and
  - Align on how to use or dispose of the property once recovered.

X. Key Takeaways

Ownership passes at death, not upon title transfer. Heirs acquire their rights to inherited property from the moment of death of the decedent, even if the title is still in the decedent’s name.
Heirs generally can evict unauthorized occupants. As successors and co-owners, heirs (or the estate’s executor/administrator) can file:
- Forcible entry or unlawful detainer,
- Accion publiciana,
- Accion reivindicatoria, against occupants who lack a valid right to continue possessing the property.
Title in the decedent’s name does not bar legal action. Courts recognize the heirs’ standing based on succession law and the evidence of their status as heirs and of the decedent’s prior ownership.
Eviction rights depend heavily on the occupant’s legal status.
- Co-heirs are co-owners; eviction is replaced by partition/accounting.
- Surviving spouses and family homes have special protections.
- Lessee/tenant rights continue despite the lessor’s death.
- Agrarian tenants and urban poor may have statutory protections.
Procedural and evidentiary rules matter. Time limits (especially the one-year period in ejectment), proper parties (heirs vs. administrator), and the correct choice of action are critical to a successful case.
Legal advice in concrete cases is indispensable. Because inheritance, family dynamics, property regimes, and special laws can intersect in complex ways, actual situations should be reviewed by a Philippine lawyer who can examine documents and tailor the strategy.

If you’d like, you can describe a specific scenario (who’s occupying, what documents you have, whether there’s an estate case), and I can map it against these general rules so you can better understand what legal options are likely available.