Evicting a stranger is hard. Evicting a relative from family-owned land is even harder — legally, emotionally, and practically.

In the Philippines, you cannot simply “kick out” a relative, even if the land title is in your name. You must go through proper legal steps, or you risk criminal, civil, or even barangay cases being filed against you.

This article walks through, in Philippine context, the full picture:

When you can legally evict a relative
How barangay conciliation and demand letters fit in
When to file ejectment (forcible entry / unlawful detainer)
Alternatives when ejectment is no longer available
Special cases: co-owned land, inheritance, spouses, informal settlers, etc.

This is for general information only and is not a substitute for advice from a Philippine lawyer who can examine your documents.

I. Key Legal Concepts You Need to Understand

1. Ownership vs. Possession

In property disputes, the law distinguishes between:

Ownership (dominium) – Who legally owns the property (e.g., whose name is on the TCT/OCT, or who inherited it).
Possession (possession de facto) – Who is actually occupying or using the property.

Ejectment cases (forcible entry and unlawful detainer under Rule 70 of the Rules of Court) deal mainly with physical possession, not full-blown questions of ownership. The court will look at who has the better right to possess, at least temporarily.

You can be the registered owner and still lose an ejectment case if you mishandle procedure or file the wrong type of case.

2. Ejectment: Forcible Entry vs. Unlawful Detainer

In Philippine law, “ejectment” actions are of two main types:

Forcible Entry – You were in prior peaceful possession, and the other person (even a relative):
- entered the property by force, intimidation, threat, strategy, or stealth, and
- you sue within 1 year from the date of entry (or discovery in case of stealth).
Unlawful Detainer – The other person’s initial occupation was lawful, but became illegal when:
- a lease expired, or
- your tolerance ended (e.g., pinatira mo lang muna), and
- they refuse to vacate after a demand.

For relatives on family land, the situation is almost always unlawful detainer:

Parents allow a child or sibling to build a house temporarily.
He/she refuses to leave after parents die or after “pinapaalis na.”

In these “tolerance” situations, the one-year prescriptive period is generally counted from the date of the last demand to vacate, not from the original move-in date.

3. Beyond 1 Year: Accion Publiciana & Accion Reivindicatoria

If you miss the 1-year deadlines for ejectment, the remedy changes:

Accion publiciana – Ordinary civil action for the recovery of possession (after 1 year from dispossession).
Accion reivindicatoria – Action to recover ownership and possession (you assert ownership directly).

These are filed in the Regional Trial Court (RTC) and follow ordinary procedure (longer, more formal, and generally more expensive than ejectment).

4. Barangay Justice System (Katarungang Pambarangay)

In many land-possession disputes, especially between relatives living in the same city/municipality, you cannot go straight to court.

Under the Local Government Code (RA 7160) and the Katarungang Pambarangay Law, most disputes must first pass through the Lupon Tagapamayapa (Barangay Justice System).

Only after a failure to settle and issuance of a Certification to File Action may you validly file a court case (ejectment or otherwise), unless an exception applies.

II. Step 1 – Clarify the Legal and Family Situation

Before sending any demand or going to the barangay, sit down with your documents and ask:

1. Who is the legal owner of the land?

Check:

Title (OCT/TCT) – whose name appears?
Tax Declaration – not conclusive ownership, but supportive.
Deed of Sale / Donation / Extrajudicial Settlement / Partition
Marriage status – is the land conjugal/absolute community or exclusive property?

Possible scenarios:

Land is in your name alone
Land is in the name of your parents (both alive)
Land is in the name of a deceased parent (estate not yet settled)
Land is in the names of several siblings or co-owners

This matters because co-owners cannot simply evict another co-owner via ejectment as if that person were a mere intruder.

2. What is the legal status of your relative’s stay?

Common situations:

Lessee (tenant) – There is a lease contract (written or verbal) where they pay rent.
Permissive occupant / by tolerance – You allowed them to stay free, or “habang wala pang problema.”
Co-owner – They are an heir or co-owner of the same land.
Spouse / ex-spouse – There are rights under family laws and conjugal / community property regimes.
Heir claiming inheritance rights – They argue that as an heir, they are entitled to part of the land.

Your strategy and even the type of case depends heavily on this classification:

Lessee who stopped paying rent → unlawful detainer (landlord–tenant case).
Relative allowed by tolerance → unlawful detainer after demand to vacate.
Co-owner refusing to vacate → often needs partition / settlement, not just ejectment.
Heir on unpartitioned land → may require settlement of estate / partition plus ejectment in some cases.

III. Step 2 – Demand to Vacate (Extrajudicial/Barangay Demand)

For unlawful detainer, a demand to vacate is crucial. The unlawful nature of their possession begins only upon demand.

1. Why a written demand letter is important

A written demand:

Clearly shows when you withdrew your tolerance.
Marks the start of the one-year period to file an ejectment case.
Serves as evidence that you respected due process and gave them a chance.
Can be attached later to your barangay complaint and court complaint.

Typical contents of a demand letter:

Your full name and address
The relative’s full name and address
Description of the property (lot number, area, location, title number)
Basis of your right (owner, heir, administrator, etc.)
Explanation that their stay was only by tolerance, or under a lease that has ended
Clear demand to vacate the premises within a given period (e.g., 15 or 30 days)
Optional: demand to pay reasonable compensation or rental for the unauthorized stay
Notice that legal action will be taken if they do not comply

Best practice:

Send it by personal service with a signed received copy, or
Through registered mail with return card (registry return receipt), or courier with proof of delivery.

2. Barangay Demand vs. Demand Letter

People often say “barangay demand,” but strictly speaking:

The demand letter is usually sent by you or your lawyer to the relative.
The barangay process is a separate step where you file a complaint with the Lupong Tagapamayapa if there’s no voluntary compliance.

Sometimes, the first confrontation is at the barangay, and the demand is made there, recorded in the minutes of mediation. That can also function as proof of demand for unlawful detainer, but having a prior written demand is still safer.

IV. Step 3 – Barangay Conciliation (Katarungang Pambarangay)

If both you and your relative reside in the same city / municipality, barangay conciliation is usually mandatory before you can file an ejectment case.

1. Where to file

Normally, you file in the barangay where the property is located or where the parties reside, depending on local practices. When in doubt, file in the barangay of the respondent’s residence or the location of the property, and they can guide you.

2. How the barangay process usually works

Filing of Complaint
- You go to the Barangay Hall and file a Complaint (often a simple form) stating your grievance:
  - That you (complainant) are the owner / legal possessor of the land;
  - That the respondent relative refuses to vacate despite demands;
  - What you want (vacate, possibly pay reasonable rent, remove structures, etc.).
Mediation by the Punong Barangay
- You and your relative will be summoned.
- The Punong Barangay tries to mediate and convince you to settle.
Pangkat ng Tagapagkasundo
- If mediation fails, a Pangkat (conciliation panel) is constituted.
- They conduct more formal conciliation hearings.
Possible Outcomes:
- Amicable Settlement – e.g., your relative agrees to vacate by a certain date; or you agree to donate or subdivide; or you fix rent. Once signed and not repudiated, this can have the force of a final judgment and can be enforced in court.
- Arbitration Agreement – parties authorize the Punong Barangay or Pangkat to decide the case. Their award can be enforced like a court judgment.
- No Settlement – the barangay issues a Certification to File Action stating that conciliation efforts failed.

3. When is barangay conciliation not required?

Some common exceptions (simplified):

Parties live in different cities/municipalities.
One party is the government or a government instrumentality.
The dispute involves real properties in different barangays/cities/municipalities beyond barangay authority.
There is a need for urgent legal action, like seeking an injunction or when time is of the essence (though courts are strict about invoking this).
Cases where the law expressly exempts barangay conciliation.

When in doubt, safer to go through barangay rather than risk your case being dismissed later for failure to exhaust barangay remedies.

V. Step 4 – Filing an Ejectment Case (Unlawful Detainer / Forcible Entry)

If barangay conciliation fails or is not required, and your relative still refuses to vacate, your next remedy is a court case.

1. Where to file

File in the Municipal Trial Court (MTC), Metropolitan Trial Court (MeTC), or Municipal Circuit Trial Court (MCTC) that has jurisdiction over the location of the property.

Ejectment cases follow the Rules on Summary Procedure – they are meant to be faster and more streamlined than ordinary civil actions.

2. Essential allegations in an Unlawful Detainer complaint

A typical unlawful detainer complaint against a relative should allege:

Your legal right to possess (e.g., owner, heir, administrator).
That the defendant (your relative) initially entered lawfully, with your or your predecessor’s tolerance or via lease.
That their right to possess has expired or been withdrawn.
That you made a demand to vacate (and to pay, if applicable).
That they refused to vacate, and
That you are filing the case within one year from the last demand to vacate.

Supporting documents usually attached:

Copy of your title / tax declaration
Demand letter(s) and proof of receipt
Barangay Certification to File Action
Any lease contract, receipts, photos, or other evidence showing their stay and your demands.

3. Summary nature of ejectment cases

Under the Rules on Summary Procedure:

Many pleadings are prohibited, such as:
- Motion to dismiss (with limited exceptions)
- Motion for new trial
- Motion for reconsideration of a judgment (except for clerical corrections), etc.
The court is supposed to act quickly based on affidavits and position papers, with limited hearings.
The judgment is immediately executory (subject to exceptions), meaning it can be enforced even while appeal is pending, upon the posting of a supersedeas bond and payment of rentals ordered by the court, depending on circumstances.

4. Remedies after judgment

Losing party may appeal to the Regional Trial Court (RTC) within the reglementary period.
Pending appeal, execution may still proceed unless the defendant:
- files a supersedeas bond, and
- deposits monthly rentals or reasonable compensation for use and occupation as adjudged by the court.

VI. When Ejectment is No Longer Available

If more than one year has passed since:

the unlawful entry (forcible entry), or
your last demand to vacate (for unlawful detainer by tolerance),

you may have to file:

Accion Publiciana – for recovery of possession, if your focus is possession and not yet full-blown ownership.
Accion Reivindicatoria – if you want the court to declare you the owner and to order others to vacate.

These are ordinary civil actions in the RTC, requiring:

Payment of appropriate filing fees (usually higher, based on property value or damages).
Full-blown trial with witnesses and cross-examination.
Longer timelines and more formal requirements.

VII. Complicating Factors in Evicting Relatives

1. Co-ownership and inheritance (heirs on inherited land)

If the property is:

still in the name of a deceased parent, and
no extrajudicial settlement or partition has been done,

then all compulsory heirs are co-owners of the estate by law, even without a court order.

Implications:

One heir in possession cannot easily be treated as a mere “illegal occupant” by another heir.
You may need to:
- First settle the estate (extrajudicial settlement, if allowed, or judicial settlement of estate).
- Have a clear partition, or your share adjudicated.
- Then assert rights over your portion.

In some cases, ejectment is still possible if:

One heir unreasonably prevents other co-heirs from exercising their rights, and
The issue is more about physical possession of a specific area that clearly belongs or was allocated to you.

But inheritance situations often end up as partition cases, not just simple ejectment.

2. Property of spouses / ex-spouses

If the land is:

Conjugal or part of absolute community of property, both spouses have rights to it.
Evicting an estranged spouse from a conjugal home raises issues under the Family Code and VAWC law (RA 9262) if done abusively.

If you are trying to evict:

Your sibling and his/her spouse,
Or your ex-spouse,

you must be extra careful. There may be:

marital property rights,
protective laws (e.g., for women and children),
possible counter-charges (e.g., VAWC, psychological abuse).

Legal advice is strongly recommended in these situations.

3. Informal Settler Family vs. Urban Poor Protections

If your relative is also part of an urban poor / informal settler community, additional laws like the Urban Development and Housing Act (RA 7279) may come into play.

RA 7279 sets guidelines on:

Adequate consultation
Proper notices
Prohibition of violent demolitions
Requirements for relocation/compensation in certain evictions, especially when the government is involved

While RA 7279 is usually invoked in cases involving government-led demolitions, courts can be influenced by its principles in private disputes involving vulnerable occupants.

VIII. What You Cannot Legally Do

Even if you are the registered owner:

You cannot:
- Destroy or remove your relative’s house by force.
- Change the locks and throw their belongings out without court order.
- Cut off water and electricity solely to force them to leave (this can backfire).
- Use threats, harassment, or physical violence.

These can lead to:

Criminal charges (e.g., grave threats, serious physical injuries, malicious mischief, unjust vexation, etc.).
Barangay cases and counter-complaints.
Civil liability for damages.

The safer path is often slower: demand → barangay → court.

IX. Practical Tips to Handle the Situation Strategically

Organize your papers early
- Secure certified true copies of title, tax dec, and any deeds.
- Keep copies of demand letters, registry receipts, barangay minutes.
Use written communication
- Verbal demands are easy to deny.
- Written demands show exact dates and contents.
Be mindful of the 1-year period
- For initial action: do not delay after your demand to vacate.
- If already more than a year has passed, consult a lawyer about accion publiciana/reivindicatoria instead.
Consider settlement and compromise
- Especially with relatives, courts often favor amicable solutions.
- Options:
  - Sell the property and divide proceeds
  - Donate or allocate a smaller portion
  - Allow continued stay in exchange for rent or certain conditions
Avoid self-help measures that look abusive
- Anything that looks like harassment can damage your case.
- Maintain composure in barangay and court hearings; avoid emotional outbursts.
Consult a lawyer when:
- The property is part of an estate (inherited but not yet settled).
- The occupants are co-owners or heirs.
- There are issues of marriage, children, or VAWC.
- You already tried barangay and things have escalated.

X. Sample Roadmap: Evicting a Relative from Family Land

Here’s a simplified roadmap, assuming a typical scenario where:

You are the registered owner of the land.
Your sibling built a house there by your tolerance.
You now want them to vacate.

Verify ownership
- Get certified true copy of title and tax dec in your name.
Send a written demand letter
- Give them a definite period (e.g., 15–30 days) to vacate.
- Keep proof of delivery.
If no compliance, go to the barangay
- File a complaint for refusal to vacate family-owned land.
- Attend mediation and pangkat hearings.
- If no settlement, obtain a Certification to File Action.
File an ejectment (unlawful detainer) case in the proper MTC/MeTC/MCTC
- Attach title, demand letter, barangay certification, etc.
- Follow the summary procedure; respond to all court notices.
If you win the case
- Move for execution of judgment.
- Sheriff enforces the writ: removal of occupants and improvements, if ordered.
If they appeal
- They may need to file a supersedeas bond and deposit monthly rentals to stay pending appeal; otherwise execution may proceed.

XI. Final Notes

Evicting a relative from family-owned land is as much a family problem as it is a legal one. The law provides clear procedures (demand, barangay conciliation, ejectment), but these don’t erase emotional and social consequences.
Doing it legally, peacefully, and with documentation protects you from future counter-cases and gives you a better chance of ultimately regaining possession.
Because each case turns on specific facts (titles, family tree, history of occupation, dates of demand, etc.), it is prudent to bring all your documents to a trusted Philippine lawyer for a case-specific evaluation.

If you’d like, I can help you next by drafting:

a sample demand letter tailored to a “relative by tolerance” situation, or
a barangay complaint outline that you can refine with a lawyer.