Here’s a practical, soup-to-nuts guide to filing an unlawful detainer (ejectment) case in the Philippines. It’s written for lessors, owners, property managers, and counsel who want a clear, usable playbook. (This is general information, not legal advice.)

What “unlawful detainer” is (and isn’t)

Unlawful detainer (UD) covers situations where the defendant’s possession was lawful at the start—for example, a lease, a permit, or possession by the owner’s tolerance—but became illegal when the right expired or was validly terminated, and the possessor refused to vacate.
Forcible entry (FE) is different: the defendant entered by force, intimidation, threat, strategy, or stealth. (Why you care: FE and UD are both ejectment cases under Rule 70, but the facts, timelines, and remedies differ.)
Acción publiciana (recovery of the better right to possess) and acción reivindicatoria (recovery of ownership) are ordinary civil actions—not Rule 70 ejectment—used when the 1-year window has lapsed or when you want a definitive ruling on ownership.
Scope of judgment: In ejectment, the court decides physical or material possession (possession de facto). Ownership can be looked at only to resolve who has the better right to possess; it’s not conclusive on title.

Elements you must be ready to prove (UD)

Defendant initially had lawful possession (contract, tolerance, etc.).
The right to possess expired or was terminated (e.g., lease ended, breach, notice of termination).
You made a demand to vacate (and to pay, if applicable).
Defendant refused to vacate.
You filed the case within one (1) year from the last demand to vacate.
Venue: where the property is located.
Barangay conciliation compliance (if required—see below).

Pre-filing checklist

1) Evaluate facts & choose the right remedy

If entry was illegal from the start → likely forcible entry.
If entry started lawful and later turned illegal → unlawful detainer.
If more than a year has passed from the last demand to vacate, UD may no longer be available; consider acción publiciana instead.

2) Send a proper demand to pay and vacate

Do it in writing.
State: (a) breach or expiry; (b) amounts due (rent/“reasonable compensation”); (c) a clear deadline to vacate; and (d) that failure will lead to ejectment.
Serve it in a way you can prove: personal service (with signed acknowledgment), registered mail (keep registry receipts + return card), reputable courier, or personal delivery with witness affidavit.
Keep copies and proof of service—these are core exhibits.

Quick demand template (simplified)

Subject: Final Demand to Pay and Vacate Dear [Name], You occupied [address/description] under [lease/tolerance] which expired/was terminated on [date] for [reason]. You now unlawfully withhold possession. Please pay ₱[amount] for [rent/compensation] up to [date] and vacate the premises within [x] days from receipt. Failure will compel us to file unlawful detainer with damages. Sincerely, [Lessor/Owner/Authorized Agent] (Attach SPA if an agent will sue.)

3) Check if Barangay conciliation applies

If the parties are natural persons who reside in the same city/municipality where the property is located, disputes are generally referred first to the barangay (Katarungang Pambarangay).
Get a Certificate to File Action (CFA) if no settlement. Attach the CFA to the complaint.
Common exemptions (no barangay step): at least one party is a juridical person (e.g., corporation), a government party is involved, the parties reside in different cities/municipalities (unless they agree to conciliate), or the matter is otherwise excepted by law.

4) Gather and label evidence

Lease/authority documents, SPA/board authorization (if using an agent or if a corporation/association).
Demand letter + proof of service.
Statement of unpaid rent/compensation and running computation.
Property description: tax declaration, TCT/CCT (to identify and describe the premises).
Photos, inspection notes, utility bills, etc., if relevant.
Affidavits of witnesses (use personal knowledge; attach IDs).

Where and how to file

Court: Municipal Trial Court (MTC/MCTC/MeTC) where the property is located has exclusive original jurisdiction over ejectment regardless of property value.
Pleading: a verified Complaint for Unlawful Detainer under Rule 70 (governed by the Rule on Summary Procedure). Include a Certification against Forum Shopping.
Filing fees: Pay docket and sheriff’s fees. (Docket fees in ejectment are generally tied to the rental/compensation and damages claimed, at least for the first 12 months claimed; check the court’s current schedule.)
Service of summons: Usually personal or substituted service; the court will issue the summons after docketing.

Complaint essentials (what to allege)

Your prior lawful possession and authority.
The lease/tolerance and how/when it ended.
Demand to vacate (dates, contents, and proof of receipt).
That the case is filed within one year from last demand.
Barangay compliance or a valid exemption.
Property description sufficient for execution (address, unit, floor, boundaries).
Damages:
- Unpaid rent or reasonable compensation for use and occupancy (often called mesne profits) from last demand until turnover;
- Attorney’s fees and costs when justified.
Prayer: Restitution of possession, payment of amounts due, writ of execution, and other reliefs.

Typical attachments

Verification + Forum Shopping Certification
CFA (or explanation of exemption)
SPA/board resolution (if not suing in your own name)
Demand letter + proof of service
Contract / proof of tolerance
Affidavits of witnesses + exhibits (receipts, photos, property IDs)

What happens after filing (Rule on Summary Procedure flow)

Answer: The defendant typically has a short period (e.g., 10 calendar days) from service of summons to file an Answer (no motion to dismiss). All defenses—jurisdictional and affirmative—should be raised in the Answer.
Prohibited pleadings/motions (non-exhaustive): Motion to Dismiss (save very narrow grounds), Motion for Bill of Particulars, Motion for New Trial, Motion for Reconsideration of the judgment, Reply, Rejoinder, Petition for Relief, Third-party complaints, and most dilatory motions. Interlocutory orders are generally not subject to separate appeals.
Preliminary conference: The court sets this promptly. Attendance is mandatory; non-appearance has serious consequences (e.g., dismissal or being deemed to have waived the right to present evidence).
Position papers & affidavits: After the conference, the court usually directs the parties to submit position papers with supporting affidavits and documents. Ejectment cases are typically resolved on the papers; live testimony happens only when the judge deems it necessary.
Judgment: The court aims to decide quickly after submission. Reliefs often include restitution of possession, payment of accrued and accruing rentals/compensation, attorney’s fees (if warranted), and costs.

Execution, appeal, and staying in the premises

Immediate execution: Judgments in ejectment are immediately executory.
How to stay execution on appeal:
1. Perfect an appeal to the RTC within the reglementary period (commonly 15 calendar days from notice of judgment); and
2. File a supersedeas bond (to cover rents/damages/costs adjudged); and
3. Deposit with the appellate court the current rents or reasonable compensation as they fall due during the appeal. Failure to keep up with deposits usually results in execution pending appeal.
Appeal route: MTC → RTC (appeal), then petition for review to the Court of Appeals (Rule 42), then Rule 45 to the Supreme Court on pure questions of law.
Writ of execution: If no effective stay, the court issues a writ; the sheriff recovers possession. Demolition of structures requires a special order and compliance with notice requirements.

Damages you can (and can’t) get in UD

Yes:
- Unpaid rent if there’s a stipulated rate; or
- Reasonable compensation for use and occupancy (fair rental value) if no stipulated rent;
- Amounts accruing after judgment until actual turnover (courts often allow continuing accrual);
- Attorney’s fees and costs when justified.
Usually no: Moral, exemplary, or other non-possessory damages typically don’t belong in summary ejectment unless clearly supported and closely tied to the withholding of possession.

Common defenses you should anticipate (and how to address them)

Filed too late: Defendant will argue the 1-year period lapsed. Your fix: show the date of last demand and timely filing.
No valid demand: Cure with clear written demand + proof of receipt.
Wrong remedy (really FE or an ordinary action): Plead and prove lawful initial possession that later turned illegal.
Lack of barangay conciliation: Attach CFA or show a valid exemption.
Ownership issues: Remind the court that ownership is examined only incidentally to decide possession.
Payment/waiver/estoppel: Be consistent—avoid accepting rent after termination unless you intend to reinstate.

Special situations & tips

Sublessees/assignees/“all persons claiming rights under the defendant”: Include them expressly in the complaint’s parties/prayer so the writ binds them.
New owner/landlord: Attach deed/authority; you can sue in your own name if you now hold the lessor’s rights.
Corporations/condo or homeowners’ associations: Use proper board authority/SEC docs; barangay conciliation often not required when a party is a juridical person.
Government-owned property or public officer disputes: Typically exempt from barangay conciliation.
Self-help is risky/illegal: Avoid padlocking, throwing out belongings, or cutting utilities—use the court.

Clean, court-ready drafting checklist (copy/paste)

Caption: MTC/MeTC of _______; Civil Case No. ____; [Your Name/Corp.], Plaintiff, v. [Defendant], Defendant. Complaint body (verified):

Parties and addresses; your authority (owner/lessor/SPA).
Facts showing lawful initial possession by defendant and how/when it ended.
Last demand: date, contents, proof of receipt.
Within one year from last demand.
Barangay CFA or exemption.
Specific property description (sufficient for the sheriff to locate).
Damages (unpaid rent or reasonable compensation), attorney’s fees, costs. Prayer: Restitution of possession; payment of ₱____ plus amounts accruing until turnover; issuance of writ; other just reliefs. Attachments: Verification; Forum Shopping Cert; SPA/board resolution; CFA (if needed); demand + proofs; contract/tolerance evidence; affidavits + exhibits. Filing: Pay docket & sheriff’s fees; secure summons; track service.

FAQs

When does the 1-year period start in UD? From the last demand to vacate, not from contract expiry (unless demand coincides).

Can I file UD even without a written lease? Yes—tolerance or oral lease can support UD if you can prove it and you made a proper demand.

What if defendant denies my ownership? Ownership is only incidentally examined to settle who has the better right to possess; ejectment judgment won’t conclusively settle title.

Can I seek a preliminary injunction? Courts may issue preliminary (even mandatory) injunction to protect or restore possession pending judgment when clearly warranted by the pleadings and proofs.

What if more than a year has passed since my last demand? Consider acción publiciana (ordinary civil action for possession) instead of UD.

Final practical pointers

Date-stamp everything: demands, receipts, photos.
Use a clear property sketch or annotated photos for the sheriff.
Compute rents cleanly: show periods, rates, and running totals; keep a per-month table you can update through execution.
Stay execution requires all three: timely appeal + supersedeas bond + current deposits.
Be present at the preliminary conference and cooperate on stipulations; these cases move fast under the summary rules.

If you’d like, I can turn this into a ready-to-file complaint and demand packet (with fill-in blanks) tailored to your facts.