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

This guide is practical information about the Philippine remedy of unlawful detainer under Rule 70 (ejectment) of the Rules of Court. It’s not a substitute for tailored legal advice. Where local practice varies (e-filing, mediation pilots, fee schedules, etc.), follow your court’s current issuances.

1) Quick Primer

What it is. Unlawful detainer is the summary civil action to recover physical possession (possession de facto) of real property when the defendant’s initial entry was lawful (e.g., as a tenant, borrower, caretaker, or tolerated occupant) but continued possession became illegal after the termination or expiration of the right to stay (often after a written demand to vacate).

How it differs from…

Forcible entry: initial entry was by force, intimidation, threat, strategy, or stealth.
Acción publiciana: recovery of possession after one (1) year from unlawful withholding; tried as an ordinary civil action (usually in the RTC depending on value).
Acción reivindicatoria: recovery of ownership and possession.

Goal of the case. To get a judgment for possession, back rentals/reasonable compensation for use, costs/fees, and—if needed—a writ of demolition and execution.

2) Elements You Must Be Able to Allege & Prove

Plaintiff’s prior lawful possession of the property (directly or through a lessor/owner), or entitlement to physical possession.
Defendant’s initially lawful possession (lease, tolerance, permission, etc.).
Termination or expiration of defendant’s right (end of lease, revocation of tolerance, demand after default, etc.).
Unlawful withholding of possession despite demand to vacate (best practice: written demand, proved by registry receipts/affidavits).
Filing within one (1) year from the cause of action’s accrual.
- In detainer based on tolerance or overdue rent, courts commonly count the one year from the last demand to vacate (because possession turns unlawful upon demand).
- Where a lease has a clear end date and no demand is legally required, count from the date of unlawful withholding (often the day after expiration). When in doubt, send a written demand and file early.

3) Where and When to File

Court: MeTC/MTC/MCTC (first-level court) where the property is located (real action venue rule). Ejectment is within first-level courts’ exclusive original jurisdiction, regardless of the land’s value.
Deadline: Within 1 year from accrual (see above).
Barangay conciliation (Katarungang Pambarangay): Usually a mandatory condition precedent if all parties are natural persons who actually reside in the same city/municipality and none of the statutory exceptions apply (e.g., government is a party; one party is a corporation/juridical person; parties live in different cities/municipalities and are non-adjacent; urgent legal action; etc.). If required but skipped, the case can be dismissed without prejudice. Secure the Certificate to File Action from the Punong Barangay/Pangkat.

4) What to Prepare (Documents & Evidence)

Proof of your right to possess: lease/contract, authorization from owner, prior possession evidence, tax declarations or title (title not required to win, but can show better right to possess).
Demand letters: demand to pay & vacate/vacate, with proof of service (registered mail with registry receipt & tracking, personal service affidavit, or courier with acknowledgment).
Accounting: unpaid rentals or reasonable compensation for use, with periods & amounts (use a table); utility arrears if contractually due.
Pictures, inspection notes, incident reports (condition, encroachments, unauthorized sublease).
IDs/addresses of defendants and all actual occupants (include subtenants and persons claiming under the defendant so judgment binds them).
For corporations/associations as parties: board/secretary’s certificate authorizing the signatory/representative.
Certification against forum shopping (required for all initiatory pleadings).
Barangay Certificate to File Action (if applicable).

5) Drafting the Complaint (Summary Procedure Case)

Unlawful detainer cases are governed by the Rules on Summary Procedure (streamlined pleadings; no full-blown trial by default).

Essential allegations:

The property description and exact location.
Your prior lawful possession or right to possess.
How the defendant’s possession began lawfully (lease, tolerance, etc.).
Termination/expiration and demand (dates matter).
Continued refusal to vacate.
Damages sought:
- Back rentals/reasonable compensation (state amounts & periods),
- Continuing monthly compensation from filing until turnover,
- Attorney’s fees and costs.
Compliance/Exemption from barangay conciliation.
Prayer for judgment of eviction, damages, costs, and writ of demolition if necessary.

Attachments (as annexes): the documents from Section 4, properly marked.

Prohibited pleadings (Summary Procedure): e.g., motion to dismiss (except for limited grounds like lack of jurisdiction, improper venue, failure to state a cause, non-compliance with barangay conciliation), motion for bill of particulars, motion for new trial/reconsideration, reply, third-party complaint, intervention, discovery motions, etc. (Put all defenses and counterclaims you need in the answer.)

6) Filing & Fees

File in the proper first-level court (Office of the Clerk of Court or via your jurisdiction’s e-filing platform, if implemented).
Pay docket/legal fees based mainly on damages claimed (back rentals/compensation and attorney’s fees); ejectment fees are not based on the property’s assessed value. Tip: Compute honestly. Underpayment can delay or imperil the case; the court may require additional fees.

7) After Filing: Flow of the Case (Summary)

Summons is served on defendants.
Answer: Defendant has 10 calendar days from service of summons to file an answer (with any compulsory counterclaims). No motions to extend.
Preliminary Conference: The court sets a preliminary conference (akin to pre-trial) to attempt amicable settlement, mark exhibits, narrow issues, and require position papers.
Position Papers & Affidavits: The court will usually direct parties to file verified position papers with affidavits of witnesses and documentary evidence (these often stand in lieu of direct testimony).
Judgment: The court decides on the papers (unless it calls a focused clarificatory hearing).
Execution: If judgment is for plaintiff, execution is immediate (see next section on staying execution if the defendant appeals).

8) Winning, Execution, and How Appeals Work

Immediate execution at the first-level court. A judgment for the plaintiff in ejectment is, by rule, immediately executory—appeal does not automatically stop eviction.

How a defendant can stay execution pending appeal (classic “supersedeas” rule):

File a timely appeal to the RTC (generally 15 calendar days from receipt of judgment).
Post a supersedeas bond (to cover rents, damages, and costs up to the judgment), and
Deposit with the trial court the current rents or reasonable monthly compensation during the appeal (and continue depositing every month when due).
- Miss a deposit? The court must execute the judgment notwithstanding the appeal.

At the RTC (appeal):

Appeal is by notice of appeal (Rule 40).
The RTC generally reviews the record; ejectment judgments of the RTC are immediately executory too, without prejudice to a further petition for review to the Court of Appeals (Rule 42).
To stop execution at this stage, the appellant typically needs appellate injunctive relief (TRO/PI).

Writ of Demolition: If defendants fail to vacate voluntarily after a writ of execution, the court may issue a writ of demolition. Sheriffs must give notice (often 10 days) to remove improvements; failing that, the sheriff proceeds with removal under the court’s order.

9) Damages You May Recover

Back rentals or reasonable compensation for use and occupation (from default to turnover).
Continued compensation (a monthly amount) until actual surrender of possession.
Attorney’s fees and costs of suit.
Other contract-based sums (e.g., stipulated penalties) if pleaded and proven.

Moral/exemplary damages are uncommon in summary ejectment; focus on use-and-occupation and contractual rents.

Practical tip: Provide a clear table of dates and amounts (month-by-month), with running totals, and attach proof (lease, rent receipts, SOAs, demand computations).

10) Common Defenses (and How Plaintiffs Address Them)

Wrong remedy / out of time: Defendant claims more than a year passed—plaintiff should show accrual within 1 year (often from last demand).
Ownership dispute: Defendant raises title. The court may touch on ownership only to resolve possession, but will not adjudicate ownership with finality.
No valid demand: Cure by proving written demand’s service; if not legally required under the contract, explain accrual from expiration.
Improper venue / no barangay conciliation: Show property location and certificate of non-settlement or exception.
Lessor has no right: Show authority (owner’s authorization/assignment), or prior possession that entitles you to sue.

11) Special Topics & Practical Nuances

Who can sue/be sued: The lessor/owner or anyone with a better right to physical possession; sue all actual occupants and subtenants so they are bound by judgment. Persons claiming under the defendant (privies) are likewise bound.
Sublease/assignees: Name them if known; otherwise, include “all other occupants” and have the sheriff identify them during execution.
Preliminary injunction: Courts may issue preliminary injunctions in ejectment (e.g., to stop acts worsening injury). A preliminary mandatory injunction within five (5) days from filing is typical of forcible entry to restore possession; unlawful detainer usually seeks ordinary preliminary injunction (if needed).
Rent-control overlay: If the leased unit is covered by current rent-control regulations, special grounds and notice rules may apply (e.g., permissible grounds to eject, caps on rent increases). Check the latest rent-control issuances alongside Rule 70.
Corporate/estate parties: Ensure authority documents (board/secretary’s certificate; for estates, special administrator/executor authority).
Mediation/JDR: Many courts refer cases to Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR). Be ready with a bottom line and updated arrears computation.
Sheriff coordination: Provide copies of judgment and writ, site sketch, contact numbers, and inventory guidance to minimize friction during enforcement.

12) Step-by-Step Checklist (Plaintiff’s Side)

Diagnose the remedy
- Initial entry lawful? Within 1 year of accrual? → Unlawful detainer fits.
Send demand (preferably written)
- Demand to pay & vacate or vacate, set a clear deadline, and serve it provably.
Barangay conciliation (if required)
- File complaint at barangay; attend mediation; secure Certificate to File Action if no settlement or if an exception applies.
Assemble evidence
- Contracts/authority, demand + proof of service, arrears table, photos, IDs of occupants.
Draft & file the complaint (Summary Procedure)
- Proper venue; complete allegations; attach forum-shopping certification and annexes; pay correct fees.
Litigate efficiently
- Track the 10-day answer period; prepare for preliminary conference; file position paper + affidavits on time.
After judgment
- If you win and no valid stay is in place, move for immediate execution; coordinate with sheriff; seek demolition writ if needed.
If there’s an appeal
- Watch for bond and monthly deposits by the defendant. If they default, seek execution pending appeal.

13) Sample Skeletons (for orientation only)

A. Demand to Pay & Vacate (skeleton)

Heading with your and addressee’s full names/addresses
Lease/tolerance facts; amount due; deadline (e.g., 15 days)
Clear demand to vacate upon failure to pay
Payment instructions; inspection turnover protocol
Signature; attachments (SOA/ledger)
Proof of service block (registry nos./server’s affidavit)

B. Ejectment Complaint (key parts)

Parties & residences; property description
Facts showing lawful entry then termination
Demand date(s) and service
Unlawful withholding and damages table
Compliance with barangay conciliation (or specific exception)
Causes of action under Rule 70; prayer for eviction, back/continuing compensation, fees, costs, demolition
Verification & forum-shopping certification
Annexes: contract/authority, demand + proofs, ledger, photos, barangay certificate

14) Frequent Pitfalls (Avoid These)

Filing beyond the one-year window (miscounting accrual).
Wrong venue (not where the property is).
Skipping required barangay conciliation (or failing to plead the exception).
Not suing actual occupants/subtenants, leading to enforcement snags.
Inadequate proof of demand/service.
Understated damages (then getting assessed additional docket fees mid-case).
Relying on prohibited motions under Summary Procedure (causes delay or denial).

15) What Defendants Should Know (in brief)

Answer in 10 days—no extensions. Put all defenses and compulsory counterclaims in the answer.
Appeal within 15 days if you lose. To stay eviction, you must (a) appeal on time, (b) post a supersedeas bond, and (c) deposit current rents monthly—miss any, and execution issues.

16) Ethical & Practical Tips

Keep communications professional; never self-help with force.
Maintain a clean paper trail (demands, receipts, photos, inspections).
For leased units potentially under rent-control rules, assess substantive compliance with those regulations before suing.
Consider settlement (lump-sum arrears + firm move-out date), sometimes faster and cheaper than full litigation.

If you want, I can turn this into a filled-out complaint template and a demand-letter pack (with placeholders and a running arrears table) that you can download and edit.