How to Draft a No-Trespassing Demand Letter in the Philippines

This guide explains the legal backdrop, when and how to use a no-trespassing demand letter, what to include, how to serve it, and what to do next if the conduct continues. Philippine context throughout. This is general information, not legal advice.

1) Quick primer on the law of trespass (PH)

Criminal trespass (Revised Penal Code).
- Article 280 (Qualified trespass to dwelling): entering another’s dwelling against the occupant’s will. Violence/intimidation aggravates it. There are narrow exceptions (e.g., to prevent serious harm, render aid, or by lawful authority).
- Article 281 (Other forms of trespass): entering the closed premises or fenced estate of another (or an uninhabited building) when the prohibition to enter is manifest (e.g., fences, gates, “No Trespassing” signs), without permission.
Civil rights of owners/possessors (Civil Code).
- Art. 429: an owner or lawful possessor may exclude others from their property and use reasonable force to repel an actual or threatened unlawful invasion.
- Art. 539 and related rules: you may seek injunctions and damages to protect possession.
Related remedies in possession disputes (Rule 70, Rules of Court).
- Forcible entry: someone took possession by force, intimidation, threat, strategy, or stealth. Sue within 1 year from dispossession.
- Unlawful detainer: a person’s original entry was legal (e.g., by tolerance), but they refuse to vacate after demand. The demand letter is often a jurisdictional requirement; suit must be within 1 year from last demand/last default.
Barangay conciliation (Katarungang Pambarangay under the Local Government Code).
- For many neighborhood disputes where parties reside in the same city/municipality, you generally must undergo barangay mediation/conciliation before filing most cases (with exceptions, e.g., when urgent legal action is necessary, parties live in different cities/municipalities, or higher-penalty crimes).

Why a demand letter matters: It (a) gives clear notice, (b) may satisfy pre-suit “demand” requirements, (c) creates a paper trail for evidence, (d) can de-escalate and resolve issues without litigation.

2) When a no-trespassing demand letter is appropriate

Strangers or neighbors entering/using a yard, vacant lot, driveway, right-of-way, rooftop, or shared hallway without permission.
Known occupants by tolerance (e.g., a relative/worker allowed temporarily) who won’t stop entering or won’t return keys.
Encroachments (parking, storage of materials, makeshift structures) after you’ve said “no.”
Security incidents (repeated entry attempts, prowling).

Caution: If the person may be a lawful tenant, agrarian reform beneficiary, easement holder, or utility worker with authority, first verify their rights. Mislabeling a legitimate possessor as a trespasser can backfire.

3) Elements your letter should cover

Your identity and capacity
- Owner, lawful possessor, administrator, or authorized representative (attach proof of authority if you sign for a company/estate/HOA).
Precise property identification
- House/unit number and street, subdivision and city/municipality; for land, include lot and block, TCT/Tax Dec. numbers, or technical description if available. A simple sketch map helps.
Facts of the trespass
- Dates/times, manner of entry, what happened (e.g., climbed the fence, parked vehicle, stored debris), any prior warnings, and impact (safety risk, damage, disturbance).
Legal bases (short and neutral)
- Cite Art. 429 Civil Code (right to exclude), Art. 280/281 RPC (trespass), and, if applicable, HOA/subdivision rules.
Clear demands
- Cease-and-desist from entering/remaining.
- Remove objects/encroachments and restore the area.
- Surrender keys/access devices (if any).
- Stay-away perimeter (e.g., do not come within property line/fence/gate).
- Deadline (commonly 5–10 calendar days from receipt).
Consequences of non-compliance
- Referral to the Barangay Lupon, police blotter, and, as warranted, criminal complaint for trespass or civil action (injunction/damages, or Rule 70 ejectment where applicable).
Mode of contact and delivery
- Where they can respond and how you’ll accept compliance (e.g., schedule to retrieve items in your presence).
Tone and safety
- Firm and factual; no threats of violence; do not admit facts against interest.
Attachments (optional but helpful)
- Photos/video stills (no audio), sketch map, copy of title/Tax Dec./lease, prior messages, incident report, HOA rules.

4) Service and proof of notice

Best practices:
- Personal service with the recipient’s signature on “Received” and date; or
- Registered mail/courier with return card/tracking; or
- Barangay service via Punong Barangay if already escalating.
Unknown identity: Address to “John/Jane Doe Occupant” at the premises and post a copy at the gate/door in a weather-protected sleeve; also deliver to any known agent/representative.
Keep evidence: Photographs of posting, registry receipts, courier waybills, and an Affidavit of Service.

5) Evidence checklist (build your case quietly)

Dated photos/videos of entries, damage, signs/fences, and encroachments.
Witness statements (neighbors, guards).
Access control logs, guard incident reports, PNP blotter entries.
Copies of prior warnings (texts, chat, emails).
Survey/sketch from a Geodetic Engineer if boundaries are disputed.

Privacy note: Video without audio from home security/CCTV is generally acceptable for personal security. Avoid audio recording private conversations without consent (the Anti-Wiretapping Act restricts it). Post basic CCTV notices if cameras cover shared areas.

6) Barangay and court pathways (what happens after the letter)

If they stop: Confirm in writing, document restoration, and keep the file.
If they ignore the letter:
1. Barangay conciliation (if applicable): file a complaint with facts, attach the demand letter and proof of service.
2. Criminal route: complaint-affidavit for trespass (Art. 280/281) at the prosecutor’s office; include photos, witness statements, and the demand letter as notice evidence.
3. Civil/injunctive route: file for temporary restraining order (TRO)/injunction and damages in proper court; or file ejectment (Rule 70) in the MTC if it’s forcible entry/unlawful detainer (remember the 1-year timer and the prior demand requirement for unlawful detainer).
4. HOA/Condo: parallel relief via by-laws and admin penalties where allowed.

7) Practical pitfalls & how to avoid them

No “manifest prohibition”: For open land, install fences/gates or at least clear “NO TRESPASSING — PRIVATE PROPERTY” signs to support Art. 281.
Misidentifying a lawful entrant: Check for easements (e.g., right of way, drainage), utility access, contractor permits, tenancy/agrarian claims, or government works.
Letting it drag on: Delay can complicate forcible entry (1-year limit) or embolden adverse possession theories.
Over-promising in the letter: Don’t state you’ll always be out of town or that the property is often vacant—avoid inviting risk.
Excessive force: Art. 429 allows reasonable force; call the barangay or PNP when in doubt.
Defamation/harassment: Stick to facts; avoid name-calling or public shaming posts.

8) Drafting tips (style and tone)

Keep it one to two pages, numbered paragraphs, neutral tone.
Use dates, times, and specifics (not “many times”).
Put key demands in bulleted or numbered format.
Use calendar days and a clear compliance deadline.
Include a line for acknowledgment of receipt on your copy.
Notarization is optional; it can add formality, but the key is proof of service.

9) Ready-to-use templates

A) English Template

[Your Name / Company / HOA] [Address] • [Mobile/Email] Date: [Month Day, Year]

TO: [Name of Recipient] / “John/Jane Doe Occupant” Address: [Address or Description of Premises]

SUBJECT: No-Trespassing Demand — [Property Description]

Capacity & Property. I am the [owner/lawful possessor/authorized representative] of the property located at [full address; Lot/Block; TCT/Tax Dec. no.] (“Property”).

Facts. On [dates/times], you [entered/remained within/parked/stored items in] the Property without my permission, specifically [brief description; attach photos if any]. Prior notices were given on [dates].

Legal Notice. Under Article 429 of the Civil Code, I have the right to exclude others from my property. Under Articles 280 and 281 of the Revised Penal Code, entering a dwelling or closed/fenced premises against the will of the occupant/owner may constitute trespass.

Demands. Within [5/7/10] calendar days from your receipt of this letter, you are required to:

Cease and desist from entering or remaining within the Property;

Remove your [objects/vehicles/materials] and restore the area;

Return any keys/access cards/remote controls belonging to the Property; and

Confirm in writing that you will not enter the Property without my prior written consent.

Compliance & Scheduling. To arrange retrieval/removal under my supervision, contact [name/number] within [X] days between [hours]. No further entry is allowed absent written permission.

Consequences of Non-Compliance. Failing to comply will leave me no option but to refer this matter to the Barangay Lupon, file a police blotter, and pursue criminal and civil remedies (including injunction, ejectment, and damages) without further notice.

Reservation of Rights. All rights and remedies are expressly reserved.

Sincerely, [Signature over Printed Name] [Capacity]

Copy furnished: [Punong Barangay / HOA / Counsel (if any)] Attachments: [Photos, sketch map, proof of ownership/authority]

Received by: _____________________ Date/Time: __________ ID/Signature: __________________

B) Filipino Template (Tagalog)

[Pangalan / Kumpanya / HOA] [Address] • [Mobile/Email] Petsa: [Araw Buwan Taon]

PARA KAY: [Pangalan ng Tatanggap] / “John/Jane Doe Occupant” Address: [Tirahan o Paglalarawan ng Lugar]

PAKSA: Babatid at Pag-Utos na Huwag Pumasok (No-Trespassing) — [Paglalarawan ng Ari-arian]

Kakayahan at Ari-arian. Ako ang [may-ari/karapat-dapat na possessor/awtorisadong kinatawan] ng ari-ariang nasa [kumpletong address; Lot/Block; TCT/Tax Dec. no.] (“Ari-arian”).

Mga Pangyayari. Noong [mga petsa/oras], kayo ay [pumasok/nanuluyan/nag-park/nag-imbak] sa loob ng Ari-arian nang walang pahintulot, partikular na [maikling paglalarawan; may mga litrato kung mayroon]. Nagbigay na rin ng paalala noong [mga petsa].

Abiso sa Batas. Ayon sa Artikulo 429 ng Civil Code, may karapatan akong ipagbawal ang sinuman sa aking ari-arian. Ayon sa Artikulo 280 at 281 ng Revised Penal Code, ang pagpasok laban sa kalooban ng nakatira/may-ari sa tirahan o nakasarang/bakod na lugar ay maaaring trespassing.

Mga Ipinag-uutos. Sa loob ng [5/7/10] kalendaryong araw mula sa pagtanggap ng liham na ito, kayo ay inatasang:

Itigil ang anumang pagpasok o pananatili sa Ari-arian;

Alisin ang inyong [bagay/sasakyan/materiales] at isauli sa dati ang lugar;

Isoli ang anumang susi/access card/remote; at

Magsumite ng nakasulat na pangakong hindi na muling papasok nang walang pahintulot.

Pagsunod at Pakikipag-ugnayan. Makipag-ugnayan sa [pangalan/numero] sa loob ng [X] araw, [oras], para sa iskedyul ng pagkuha/paglilinis. Mahigpit na ipinagbabawal ang pagpasok kung walang nakasulat na pahintulot.

Kapag Hindi Sumunod. Iuulat ko ito sa Barangay Lupon at PNP, at itutuloy ang angkop na kasong kriminal at sibil (kabilang ang injunction, ejectment, at danyos) nang walang karagdagang abiso.

Pagpapaalala. Nakalaan ang lahat ng aking karapatan at remedyo.

Lubos na gumagalang, [Pirma at Buong Pangalan] [Kakayahan]

Kopya: [Punong Barangay / HOA / Abogado] Kalakip: [Mga litrato, sketch, patunay ng pag-aari/awtoridad]

Tinatanggap ni: _____________________ Petsa/Oras: __________ Lagda/ID: __________________

10) “No Trespassing” signs that actually help

Place signs at entry points and along boundaries; keep them visible and readable.
Suggested wording:
- “NO TRESPASSING — PRIVATE PROPERTY. Entry without permission is prohibited. Violators may be prosecuted.”
- Filipino: “BAWAL PUMASOK — PRIBADONG LUPA. Mahigpit na ipinagbabawal ang pagpasok nang walang pahintulot.”
Add a contact number (optional) for legitimate concerns.
Combine with fences/gates/locks to make the prohibition manifest.

11) Special contexts & edge cases

Shared driveways/condo common areas: Check Master Deed/By-laws; your remedy may be administrative + civil rather than criminal.
Public easements & utilities: Rivers/coasts/utility corridors and rights-of-way may limit exclusion—verify first.
Agrarian/a farmer occupant: If the land is agricultural, screen for tenancy or DAR coverage before issuing demands.
Minors: Address the letter to the parents/guardians; use barangay assistance for safety.
Contractors/service providers: Clarify scope and schedule in writing; retrieve access IDs/keys at project end.

12) One-page checklist (pin it)

Confirm your capacity (owner/possessor/authorized).
Identify the property precisely (address, TCT/Tax Dec., sketch).
Gather evidence (photos/video w/o audio, witnesses, logs).
Post/fix No Trespassing signs; secure fences/gates.
Draft neutral, specific facts and demands with a deadline.
Cite Art. 429 Civil Code and Art. 280/281 RPC.
Serve (personal + registry/courier); keep proof of service.
If ignored: Barangay → police blotter/prosecutor → court (injunction/ejectment).
Calendar the 1-year ejectment window (if applicable).
Stay safe; avoid force and confrontation—call barangay/PNP.

Final note

Laws on penalty amounts and barangay coverage exceptions can change (e.g., adjustments under R.A. 10951). For high-risk situations (violence, boundary/tenancy disputes, corporate signatories), consider a lawyer-reviewed letter and a quick consult with your barangay or counsel before service.