Managing property in the Philippines can be a fulfilling investment, but it becomes a legal and emotional headache when an occupant—whether a tenant with an expired lease or a guest who has overstayed their welcome—refuses to vacate. In Philippine law, the primary remedy for this is an action for Unlawful Detainer.

Here is a comprehensive guide on the legal process, requirements, and timelines for reclaiming your property.

1. Understanding Unlawful Detainer

Unlawful Detainer is a summary court action filed by a person deprived of the possession of any land or building. It applies when the defendant’s initial possession of the property was legal (by virtue of a contract, lease, or tolerance) but became illegal because their right to possess it has expired or has been terminated.

Key Distinction: Unlawful Detainer vs. Forcible Entry

Unlawful Detainer: The possession was originally lawful (e.g., a lease that ended).
Forcible Entry: The possession was illegal from the very beginning (e.g., a squatter entering via force, intimidation, or strategy).

2. The Essential First Step: The Demand Letter

You cannot jump straight to court. Under Philippine law, a formal Demand to Vacate and Pay is a jurisdictional requirement.

Content: The letter must clearly state that the occupant must vacate the premises and pay any arrears within a specific period (usually 15 days for land/buildings, or 5 days for detached units).
Service: The letter should be served personally or via registered mail. Keep the registry receipt and the return card as proof.
Significance: The one-year prescriptive period to file the case is counted from the date of the last demand letter.

3. Mandatory Barangay Conciliation

If the property owner and the occupant reside in the same city or municipality, the case must generally pass through the Katarungang Pambarangay (Barangay Justice System).

You must undergo mediation and conciliation.
If no settlement is reached, the Barangay Captain will issue a Certificate to File Action. Without this certificate, the court may dismiss your case for being premature.

4. Filing the Complaint

Once conciliation fails, you must file a verified Complaint for Unlawful Detainer in the Metropolitan Trial Court (MeTC) or Municipal Trial Court (MTC) where the property is located.

What to Include:

Proof of Ownership/Right to Possess: TCT (Title), Tax Declaration, or Lease Agreement.
The Basis of Possession: Explain how the occupant entered (e.g., "The defendant was a lessee under a 1-year contract").
The Termination: Show that the right to stay has ended.
The Demand: Attach the demand letter and proof of receipt.
Damages: You can pray for the payment of back rentals and reasonable compensation for the use of the property.

5. The Summary Procedure

Unlawful Detainer cases are governed by the Rules on Summary Procedure. This is designed to be faster than regular cases:

No Trial (Usually): Instead of lengthy hearings, the court typically requires the submission of Position Papers and affidavits.
Judgment: The judge renders a decision based on the pleadings and evidence submitted.

6. Execution: Getting Them Out

Winning the case is one thing; getting them to leave is another. If the court rules in your favor:

Writ of Execution: You must move for the issuance of a Writ of Execution.
The Sheriff’s Role: A court sheriff will serve the writ. If the occupant still refuses to leave, the sheriff may seek a Notice to Vacate.
Demolition: If there are structures built by the occupant, a special Order of Demolition is required before they can be torn down.

7. Important Prohibitions and Tips

No "Self-Help" Eviction: Never cut off electricity/water, change the locks, or forcibly remove belongings yourself. This can lead to criminal charges (Grave Coercion) or civil damages against you, even if you own the property.
The One-Year Rule: An Unlawful Detainer case must be filed within one (1) year from the date of the last demand. If you wait longer, the case becomes an Accion Publiciana, which is a much longer and more expensive process in the Regional Trial Court (RTC).
Immediate Execution: Decisions in Unlawful Detainer cases are immediately executory. To stop the eviction during an appeal, the tenant must post a Supersedeas Bond to guarantee payment of back rentals.

Note: This guide is for informational purposes only and does not constitute formal legal advice. Philippine property laws can be nuanced depending on the specific city ordinances or the nature of the lease (Residential vs. Commercial).

Would you like me to draft a template for a formal Demand to Vacate letter following Philippine legal standards?