How to File an Unlawful Detainer (Ejectment) Case in the Philippines

This is a comprehensive, practice-oriented guide to ejecting a hold-over occupant through unlawful detainer under Philippine law. It’s written for owners, lessors, property managers, and counsel. It is not a substitute for personalized legal advice.

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

Unlawful detainer (UD) is an ejectment case to recover physical possession (possession de facto) of real property when the defendant’s initial entry was lawful—by lease, contract, or tolerance—but became illegal after a demand to vacate (e.g., lease expiry or non-payment) and the occupant refuses to leave.

Do not confuse it with:

Forcible entry (FE): Defendant’s entry was unlawful from the start (by force, intimidation, threat, strategy, or stealth). One-year period is counted from the unlawful entry (or discovery, if by stealth).
Acción publiciana / reivindicatoria (RTC cases): For recovery of possession de jure (publiciana) or ownership (reivindicatoria), filed when the one-year ejectment window has lapsed or when issues reach beyond mere material possession.

Key point: UD is summary, speedy, and limited to who has the better right to physical possession now. Ownership can be looked at only to resolve possession; the judgment does not settle title.

2) Legal bases & forum

Rule 70, Rules of Court – forcible entry and unlawful detainer (summary procedure).
Civil Code (e.g., lessor’s rights, demands to vacate, rents/damages).
Katarungang Pambarangay (KP) – barangay conciliation as a condition precedent in covered disputes.
Special laws/regulations – e.g., current rent control rules (if applicable to your unit) may affect grounds and notice periods.

Where to file: MeTC/MTC/MCTC of the city/municipality where the property is located (venue is exclusive for real property actions). These courts have exclusive original jurisdiction over ejectment regardless of property value.

3) Elements you must prove (unlawful detainer)

Plaintiff’s prior possession (or better right to physical possession).
Defendant’s possession was initially lawful (lease, permission, tolerance).
Plaintiff demanded that defendant vacate (and pay, if applicable).
Defendant refused and continues to withhold possession.
Case filed within one (1) year from the last demand or the date the possession became unlawful (in UD, the clock typically starts from your written demand and refusal).

4) Before you sue: a practical checklist

A. Diagnose the correct remedy

Was the entry lawful (lease/tolerance)? → UD
Was the entry unlawful (force/stealth)? → Forcible Entry
Has it been > 1 year since your right to possess was violated or demand ignored? → Consider acción publiciana (RTC).

B. Confirm barangay conciliation applicability

KP conciliation (with the Punong Barangay/Lupon where required) is a condition precedent when:

All parties are natural persons who actually reside in the same city/municipality, and
The dispute is not within the KP exceptions.

Common exceptions (no barangay step needed) include:

Parties do not reside in the same city/municipality (unless adjoining barangays and both consent).
A party is the government/public officer acting in official capacity.
Urgent legal action is necessary (e.g., need for a provisional remedy).
Disputes not covered by KP law.
Agrarian tenancy matters (go to DAR, not the MTC). When required, secure a Certification to File Action (CFA); attach it to your complaint.

C. Serve a proper written demand

Demand to vacate (and to pay, if any arrears/occupational rent).
Give a clear deadline (e.g., 5–15 days; check contract and any rent-control notices that might require specific timing).
Send by registered mail with proof of mailing/receipt, or by personal service with acknowledgment. Keep copies.

D. Gather your evidence

Deed/Title (for identification), Tax Dec (optional), Lease contract or proof of tolerance, Demand letter(s) + proof of service, Billing/receipts, photos, IDs, and affidavits of witnesses.
For corporate/representative plaintiffs: SPA or board resolution authorizing signatory; ID of attorney-in-fact.

E. Check special regimes

Rent control coverage (if any): may narrow grounds and impose advance notice rules; verify current thresholds and periods.
Tenancy indicators (agricultural land, sharing of harvests, consent, personal cultivation): if present, the case belongs to DAR.

5) Drafting & filing your case

Required contents & attachments

Verified Complaint (signed by plaintiff; with Certification Against Forum Shopping).
Cause of action facts: prior lawful possession; lease/tolerance; demand and refusal; date facts for 1-year rule; property description and exact address; damages/rents claimed.
Annexes: contracts, demands + proofs, barangay CFA (if required), IDs, authority documents, affidavits.
Filing fees: computed on money claims (unpaid rents, damages, attorney’s fees), not on property value.
File with the Office of the Clerk of Court (or via e-filing where available) and have the case raffled.

6) What happens after filing (Summary Procedure roadmap)

Unlawful detainer is governed by the Rules on Summary Procedure—designed for speed.

Summons served on defendant.
Answer: Defendant has 10 calendar days from service to file.
- No motion to dismiss (MTD) except on narrow grounds (e.g., lack of subject-matter jurisdiction or failure to undergo required barangay conciliation).
- Only compulsory counterclaims and cross-claims are allowed (and typically must be within the court’s monetary jurisdiction).
Preliminary conference: Early, judge-led session to settle/define issues, mark exhibits, and explore compromise.
Position papers & affidavits: Parties submit within short periods (often 10 days from the conference). No ordinary discovery; the case is decided largely on these papers and annexes.
Judgment: The court aims to decide promptly (summary timelines apply).

Prohibited filings commonly include: MTD (with limited exceptions), bill of particulars, motions for new trial/reconsideration of judgment, petitions for relief, motions for extension, reply/rejoinder, third-party complaints, interventions, and most discovery-related motions—because they delay the process.

7) Remedies, bonds, and execution

A. Immediate execution & supersedeas bond

A unique feature of ejectment: judgments are immediately executory unless the losing defendant, upon appeal, files a supersedeas bond (to cover rents/damages/costs awarded) and makes monthly deposits of current rent (or reasonable value of use) on or before the 10th day of each month during appeal. Failure to post/maintain the bond or deposits allows immediate execution despite appeal.

B. Appeal

From MTC/MeTC/MCTC to RTC: file notice of appeal and pay appellate docket fees within 15 days from notice of judgment (shorter timelines may apply in some instances; don’t miss deadlines).
From RTC to Court of Appeals: petition for review (Rule 42).
Further review: to the Supreme Court by Rule 45 in proper cases.

C. Writ of execution

If no bond/deposits (or after finality), the court issues a writ of execution. The sheriff demands compliance, can seek police assistance, and may remove occupants and their effects. Self-help (lockouts, utility disconnections, harassment) is unlawful; always go through court process.

8) Typical claims and defenses

Plaintiff may claim:

Restitution of possession (vacate and turn over).
Unpaid rents/occupational rent, reasonable compensation for use, damages, attorney’s fees, costs.

Defendant may raise:

Not UD (e.g., forcible entry or an agrarian tenancy issue → wrong forum).
Filed beyond one year from accrual.
No valid demand or demand not proven.
Improper venue (filed where property isn’t located).
Non-compliance with barangay conciliation when required.
No prior lawful possession by plaintiff / no lease or tolerance.
Supersedeas compliance to stay execution pending appeal.

9) Timing & costs (real-world expectations)

Demand phase: 1–4 weeks (to prepare, serve, and wait out the notice period you set).
From filing to judgment: Often a few months under the summary track, but calendars vary by court load and service of summons.
Costs: Docket/legal research fees for filing; sheriff’s fees for service and for execution; counsel fees if you hire a lawyer. Docket fees scale with money claims (e.g., unpaid rents, damages), not with land value.

10) Special situations & cautions

Rent-controlled units: Grounds and notice timing can be stricter; check the current rent control coverage, notice periods, and caps.
Corporate parties: Attach board resolution/secretary’s certificate or SPA showing authority to verify the complaint and sign the forum-shopping certification.
Multiple occupants / sublessees: Implead known occupants; sheriff’s writ should specify the premises.
Third-party claims: If someone else claims a superior right of possession, the sheriff may require resolution by the court; be ready with proof.
Agrarian indicators: If the land is agricultural and elements of tenancy exist (landowner-tenant relation, consent, agricultural use, personal cultivation, share/leasehold arrangement), the case is for DAR, not the MTC.
Criminal shortcuts don’t work: Trespass/estafa complaints won’t restore possession; ejectment is the proper civil remedy.

11) Practical drafting tips (to win on the papers)

Allege dates clearly to show the one-year window (e.g., lease expiry, date of demand, date of refusal).
Attach proof of demand (registry receipts, affidavits of personal service).
Describe the premises precisely (full address, unit number, metes and bounds if needed).
Compute claims cleanly: unpaid rents to date + continuing monthly rent/occupational value + damages (with basis) + attorney’s fees (if warranted).
Use witness affidavits (lessor, property manager, neighbor, utility meter reader).
Keep to possession: Don’t turn UD into a title case; ownership is relevant only as it bears on possession.

12) Simple templates (starter language)

A. Demand to Vacate (sample skeleton)

Subject: Demand to Vacate and Pay Dear [Name], Your right to occupy [property/unit address] has ended by reason of [lease expiry on __ / non-payment since __ / revocation of tolerance on __]. You are demanded to (1) vacate and surrender possession within [__] days from receipt hereof and (2) pay ₱[amount] representing [unpaid rents/occupational rent] up to [date], plus ₱[monthly rate] per month until you vacate. Failure will constrain us to file unlawful detainer and seek damages, costs, and attorney’s fees. [Mode of service noted here] Sincerely, [Lessor/Owner/Authorized Representative]

B. Verified Complaint (key averments to include)

Parties, addresses (and residency for KP if relevant).
Jurisdiction & venue: ejectment over property at [address] within [City/Municipality].
Facts: plaintiff’s prior possession; defendant’s lawful entry (lease/tolerance); demand on [date]; refusal.
Timeliness: filed within one year from last demand/refusal.
Claims: restitution of possession; ₱[sum] unpaid rent/occupational rent; ₱[sum] damages; ₱[sum] attorney’s fees; costs; continuing monthly until vacate.
Prayer: order to vacate and surrender keys; pay amounts; costs; other just reliefs.
Verification & Forum-Shopping Certification (by the plaintiff or duly authorized representative).
Annexes: title/ID of property, lease/permission, demands + proofs, KP CFA (if required), affidavits, authority documents.

13) Step-by-step filing flow (at a glance)

Evaluate remedy (UD vs FE vs publiciana).
Serve written demand to vacate/pay; calendar your one-year deadline.
Barangay conciliation (if required) → obtain CFA.
Prepare verified complaint + annexes; compute and pay docket fees.
File in the MTC/MeTC/MCTC where the property lies; case is raffled.
Answer within 10 days (defendant) → preliminary conference → position papers.
Judgment (possession/rents/damages).
Appeal? Defendant must post supersedeas bond + monthly deposits to avoid immediate execution.
Writ of execution → sheriff enforces (turnover of premises).

14) Quick FAQs

Do I need a lawyer? Not strictly required, but strongly recommended—summary cases turn on tight pleadings, annexes, and procedural traps.
Can I just change locks? No. Self-help evictions are unlawful. Go through court.
What if the occupant is my relative or was a tolerated caretaker? Still UD (lawful start by tolerance; becomes unlawful after your clear demand).
What if there’s also unpaid rent? Claim it in the same UD case (with proofs); docket fees will factor in your money claims.
What if the defendant files a title case in RTC? Your UD case proceeds; possession issues are resolved in the MTC; title will be threshed out separately if properly filed.

15) Final reminders

Calendar deadlines (demand date, one-year cut-off, 10-day answer, 15-day appeal).
Document everything (service, payments, photos, communications).
Check current rent-control rules if your unit might be covered (grounds and notice periods can differ).
If agrarian tenancy is alleged, pause and assess DAR jurisdiction.
Keep the case simple and focused on possession—that’s what wins ejectment.

If you want, I can turn this into a fill-in-the-blanks demand letter and complaint pack tailored to your facts (property address, dates, amounts, parties)—just share those details and I’ll draft them.