Overview

When a Pag-IBIG (HDMF)–mortgaged property is foreclosed and ownership passes to Pag-IBIG or to a third-party buyer, unauthorized occupants may remain in possession. Lawful removal hinges on (1) confirming title, (2) choosing the correct legal remedy (writ of possession or ejectment), and (3) complying with due-process and humane-demolition rules, especially under the Urban Development and Housing Act (UDHA).

This article lays out the legal bases, decision paths, procedures, timelines, defenses, evidence, and practical tools to help you proceed lawfully and efficiently.

Key Legal Bases

Act No. 3135 (as amended by Act No. 4118) — Extrajudicial foreclosure of real estate mortgages; purchaser’s right to a writ of possession.
Rules of Court, Rule 70 — Forcible entry and unlawful detainer (summary ejectment).
Civil Code — Effects of foreclosure on leases; good-faith possession; damages.
Republic Act No. 7279 (UDHA) — Demolition/eviction safeguards for underprivileged and homeless citizens; rules against professional squatters.
Local Government Code & Katarungang Pambarangay — Barangay conciliation for ejectment disputes between natural persons in the same city/municipality.
Revised Penal Code — Criminal trespass and related offenses (rarely the primary route for real-property recovery).

Who Are “Unauthorized Occupants”?

Former borrower/mortgagor or their household who stayed after foreclosure and after the redemption/consolidation period lapsed.
Holdover tenants whose lease:
- Post-dates the mortgage or lacks registration/annotation — generally not binding on the foreclosure buyer.
- Pre-dates and is registered before the mortgage — can bind the buyer for its term (special case).
Informal settlers/trespassers who entered without any right.
Assignees/occupants of convenience claiming rights from the former borrower without registered, subsisting title.

Classifying the occupant correctly determines your remedy.

First Principles and Decision Tree

Step 1: Confirm Ownership and Redemption Status

Obtain: Certificate of Sale, proof of registration, owner’s duplicate TCT/CCT in the buyer’s or Pag-IBIG’s name (after consolidation), and Sheriff’s certificate of consolidation (if applicable).
Redemption period: Typically one (1) year from the foreclosure sale registration.
- During redemption: Purchaser can seek a writ of possession upon bond.
- After redemption and consolidation: Writ of possession becomes ministerial (no bond; ex parte).

Step 2: Choose the Correct Remedy

A. Writ of Possession (Act 3135) — Fastest path when proper

Proper when the occupant’s right emanates from the mortgagor (e.g., mortgagor, family, later tenants).
Filed as an ex parte petition in the RTC of the property’s location.
The sheriff enforces the writ.

Limitations:

If a third person in adverse possession claims ownership independent of the mortgagor (e.g., long-standing owner by a title predating the mortgage), courts may exclude them from the writ and require a separate ejectment/accion case.

B. Ejectment (Rule 70) — For factual disputes or adverse third parties

Unlawful detainer: Occupant’s entry was lawful but continued possession became illegal after demand (e.g., holdover, tolerated stay). File within 1 year from last demand/last day of extension.
Forcible entry: Occupant entered by force, intimidation, threat, strategy, or stealth. File within 1 year from dispossession.
Jurisdiction: MTC; Summary Procedure applies.
Barangay conciliation generally required before suit if parties are natural persons in the same LGU.

C. Accion Publiciana / Accion Reivindicatoria (Ordinary civil actions)

If possession has exceeded the 1-year window or you also seek ownership adjudication, file in the RTC.

UDHA Compliance for Evictions/Demolitions

When occupants are underprivileged and homeless citizens, eviction/demolition requires:

Adequate written notice to occupy/evict,
Consultation with affected families,
Presence of LGU/DSWD representatives during eviction,
Thirty (30) days’ prior notice of demolition,
No demolition during inclement weather and humane treatment,
Relocation efforts for qualified beneficiaries (LGU-led; coordination is key).

Failure to follow UDHA safeguards can delay or invalidate enforcement—even with a writ.

Typical Enforcement Paths

Path 1: You are Pag-IBIG (Mortgagee/Owner) or its Buyer post-consolidation

Assemble documents: Title in your name, Sheriff’s/Registrar entries, foreclosure dossier.
Send a demand to vacate (courtesy, and for UDHA/summary-procedure records).
Assess occupant type:
- Mortgagor/derivative occupant → Petition for writ of possession (RTC).
- Adverse third party** claiming independent right → Ejectment (MTC) or accion.
Coordinate with LGU if UDHA may apply (pre-demolition protocols).
Enforce writ via sheriff; observe humane-demolition rules.

Path 2: During Redemption Period

Ex parte writ of possession upon bond (RTC).
Sheriff delivers possession; if later redemption is validly exercised, possession may revert.

Path 3: You Purchased from Pag-IBIG (Acquired Assets Program)

Your deed and new title make you the successor-in-interest.
Use writ of possession (if occupants are mortgagor/derivative) or ejectment (if adverse third party), with the same UDHA compliance.

Evidence Checklist

Ownership: TCT/CCT; annotated Certificate of Sale; Affidavit of Consolidation; Transfer documents.
Procedural: Registry of Deeds certifications; Sheriff’s returns; publication/auction records (if challenged).
Occupancy: Photos, affidavits of neighbors/barangay, utility records, lease contracts (to test validity vs the mortgage).
Demands: Demand letters, proof of service (registered mail, personal service with receiving copy, barangay notice).
UDHA: LGU correspondence, minutes of consultation, 30-day demolition notices, relocation coordination.

Common Defenses & How to Address Them

“I’m a lessee; I paid rent.”
- Verify if the lease predates and is annotated ahead of the mortgage. If not, foreclosure typically extinguishes it. Attach RD certifications.
“I’m a buyer in good faith from the owner.”
- Check if their deed post-dates the mortgage or is unregistered. A registered mortgage generally prevails; consider accion reivindicatoria/publiciana if ownership issues dominate.
“Humanitarian grounds / UDHA protections.”
- Show UDHA compliance (consultations, notices, relocation coordination). Courts look for process, not just title.
“Void foreclosure.”
- Be ready with foreclosure regularity evidence (notice, posting, publication, proper auction). Substantive irregularities may require separate litigation.
“Barred by prescription.”
- For Rule 70, emphasize filing within one year from accrual. Otherwise pivot to accion publiciana (RTC).

Barangay Conciliation (When Required)

Mandatory for ejectment cases involving natural persons in the same city/municipality (not for petitions for writ of possession and not when a party is a government instrumentality in its governmental capacity).
Obtain: Certificate to File Action if conciliation fails or is not feasible (e.g., parties are corporations, or reside in different cities).

Procedural Roadmaps

A. Petition for Writ of Possession (RTC)

Caption/parties; allege foreclosure, sale, registration, and consolidation (or redemption status).
Attach exhibits: Mortgage, certificate of sale, proof of registration, title, sheriff’s documents.
Prayer: Issuance of ex parte writ of possession; if within redemption, post bond as required.
Court action: Issuance of writ; sheriff implements.
UDHA compliance before/at demolition; sheriff coordinates with LGU.

B. Unlawful Detainer (MTC)

Serve demand to vacate and pay (if any); give a reasonable period.
Barangay conciliation (if applicable); secure certificate.
File complaint within 1 year from last demand/expiry of tolerance.
Summary Procedure: No position papers beyond what’s allowed, affidavits as evidence, speedy hearings.
Judgment: Writ of execution; UDHA procedures if demolition necessary; claim rentals/damages.

C. Forcible Entry (MTC)

File within 1 year of dispossession; emphasize force/intimidation/threat/strategy/stealth; similar summary procedure.

D. Accion Publiciana/Reivindicatoria (RTC)

For recovery of possession/ownership when Rule 70 periods lapsed or title issues predominate; full-blown trial.

Special Issues in Pag-IBIG Foreclosures

Government-linked mortgagee: Pag-IBIG commonly consolidates and disposes of “acquired assets.” Buyers step into ownership; remedies are the same as any foreclosure purchaser.
Negotiated settlements: Some occupants may qualify for repurchase/lease options under agency programs; exploring settlement can avoid litigation and UDHA complications.
Sheriff vs. LGU roles: Sheriff implements court writs; LGU/DSWD handle humanitarian and relocation aspects under UDHA.

Practical Tips

Front-load UDHA compliance even when you believe occupants aren’t beneficiaries; courts favor visible compliance.
Serve demands meticulously (registered mail + personal service + barangay) to fix reckoning dates.
Document everything with photos, video, and affidavits; attach to pleadings.
Check lease annotations at the Registry of Deeds before choosing your remedy.
Keep communications civil; written offers of amicable vacate or cash-for-keys deals often save months.

Frequently Asked Questions

Q: Can I immediately change the locks after the sale? A: Not safely. Without a writ or valid consent, self-help can expose you to criminal/civil claims. Use writ of possession or ejectment.

Q: The occupant filed a separate ownership case. Does that stop my writ? A: Courts may still issue the writ against parties deriving possession from the mortgagor. Truly adverse third-party claimants may be excluded, steering you to ejectment/accion.

Q: Do I need barangay conciliation for a writ of possession? A: No. Writ petitions are special proceedings in RTC. Conciliation applies to ejectment suits in MTC between natural persons in the same locality.

Q: What damages can I claim in ejectment? A: Reasonable compensation for use and occupation (rentals), attorney’s fees, costs—subject to MTC jurisdictional limits.

Template: Demand to Vacate (Short Form)

Subject: Demand to Vacate – [Property Address/TCT No.] Date: [____]

Dear [Name/s], We write as the owner of the property at [address], covered by TCT/CCT No. [___], acquired via foreclosure/consolidation on [date]. Your continued occupancy is without our authority.

Demand: Vacate and surrender peaceful possession within [15] days from receipt of this letter.

Failing compliance, we will pursue (a) Petition for Writ of Possession / (b) Ejectment under Rule 70) and seek damages.

This demand is without prejudice to amicable arrangements. You may contact [contact details].

Sincerely, [Owner/Authorized Representative]

Filing Checklists

Writ of Possession

Verified petition + attachments (mortgage, certificate of sale, proof of registration, title, consolidation docs)
Occupant classification noted (derivative vs. adverse)
Bond (if during redemption)
UDHA coordination plan and notices readied

Unlawful Detainer / Forcible Entry

Demand letter + proof of service
Barangay conciliation (if required) + Certificate to File Action
Verified complaint with affidavits/photos
Computation of rentals/damages
UDHA notices/coordination plan

Ethical and Safety Notes

Do not use force or extrajudicial means to evict. Always rely on court processes and UDHA safeguards.
Where children, elderly, or PWDs are present, coordinate early with LGU social services to avoid operational halts.
Consider amicable settlements where feasible; they are often faster and less costly than litigation.

Bottom Line

If the occupant’s possession traces to the mortgagor, a writ of possession is usually the cleanest route.
If the occupant asserts an independent right, pursue ejectment (Rule 70) within the one-year window, or an ordinary accion if outside it or ownership is the core dispute.
UDHA compliance is not optional; build it into your plan from day one.

This article is for general information in the Philippine context. For case-specific advice and strategy (including local court practice and UDHA coordination), consult a Philippine lawyer.