Trespassing, known under Philippine law as either qualified trespass to dwelling (Article 280, Revised Penal Code) or other forms of trespass (Article 281, Revised Penal Code), is a criminal offense that protects a person’s right to the peaceful possession and enjoyment of their property or dwelling. The crime is public in nature, meaning the State prosecutes it even if the complainant later desists.

Since the passage of Republic Act No. 10951 in 2017, which substantially increased the imposable fines in the Revised Penal Code, neither form of trespassing is subject to mandatory barangay conciliation. Qualified trespass to dwelling carries imprisonment of up to six (6) years and a fine of up to P200,000.00, while other trespass carries a fine of up to P40,000.00. Because the possible penalties exceed the jurisdictional threshold of the Katarungang Pambarangay (one year imprisonment or P5,000.00 fine), the complainant may proceed directly to the Office of the City or Provincial Prosecutor.

Nevertheless, in actual practice throughout the country, almost all successful trespassing cases begin with a barangay or police blotter because these serve as strong corroborative evidence of the date, time, and circumstances of the incident.

Types of Criminal Trespassing

Qualified Trespass to Dwelling (Art. 280, RPC as amended)
- Penalty: Prisión correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months) and a fine not exceeding P200,000.00
- Elements:
  - The offender is a private individual (not a public officer).
  - The offender enters the dwelling of another.
  - Entry is against the will of the occupant.
- Qualifying circumstance (makes penalty higher): If committed with violence or intimidation (becomes grave coercion under Art. 286 if the purpose is to compel another to do something against his will).
Other Forms of Trespass (Art. 281, RPC as amended)
- Penalty: Arresto menor in its medium and maximum periods (11 days to 30 days) or a fine not exceeding P40,000.00, or both
- Elements:
  - The offender enters closed premises or a fenced estate of another.
  - The premises/estate is uninhabited at the time.
  - The prohibition to enter is manifest (fence, “No Trespassing” sign, gate, etc.).
  - The offender has not secured the permission of the owner or caretaker.

Practical Initial Steps (Recommended Sequence)

Step 1: Immediately Document the Trespass

Take clear photographs or videos showing the trespasser inside your property or dwelling.
Capture date and time stamps if possible.
Photograph any “No Trespassing” signs, damaged fences, gates, or locks.
Secure CCTV footage immediately (download and save copies).
List the names, addresses, and contact numbers of all witnesses.

Step 2: Confront the Trespasser (Only If Safe) and Demand That He/She Leave

Verbally inform the trespasser that he/she is not allowed on the premises and must leave immediately.
If possible, record this confrontation (audio/video).
The demand to leave and the refusal are essential elements of the crime.

Step 3: Report to the Barangay (Strongly Recommended Even If Not Mandatory)

Proceed to the barangay hall of the place where the property is located (not necessarily your residence).
Execute a “Sinumpaang Salaysay” (sworn statement) before the barangay captain or lupon secretary.
Request that the incident be entered in the barangay blotter.
Ask the barangay to summon the trespasser for mediation.
If the trespasser appears and settles (e.g., signs an undertaking never to return), have the agreement reduced in writing and signed before the barangay captain.
If no settlement or the trespasser ignores the summons, request a Certificate to File Action (this document, although not strictly required for trespassing, is almost always demanded by prosecutors as proof that amicable settlement was attempted).

Step 4: Report to the Police (Highly Recommended)

Go to the nearest police station (preferably the one with territorial jurisdiction over the property).
Have the incident blottered (police blotter entry is excellent evidence).
Request police assistance to remove the trespasser if he/she is still inside (police may do this under their general duty to maintain peace and order).
In some cities (e.g., Quezon City, Manila, Davao), you may file an online police blotter report.

Step 5: Prepare the Complaint-Affidavit and Supporting Documents The following documents are required when you file with the prosecutor:

Complaint-Affidavit of the complainant (you or your authorized representative)
Affidavits of witnesses (at least two is ideal)
Photographs/videos (printed screenshots with explanation)
Barangay blotter extract or Certificate to File Action
Police blotter extract (if any)
Sketch of the property showing point of entry (very helpful)
Proof of ownership or rightful possession:
- For titled property: Certified true copy of Transfer Certificate of Title (TCT)/Condominium Certificate of Title (CCT)
- For untitled land: Tax declaration + proof of possession
- For rental property: Lease contract + owner’s authorization to file complaint
“No Trespassing” signs or photographs of fences/gates
Demand letter or Kasunduan from barangay (if any)

Step 6: File the Complaint with the Proper Prosecutor’s Office

File at the Office of the City Prosecutor (if the property is within a city) or Office of the Provincial Prosecutor (if in a municipality outside a city).
Venue: The prosecutor’s office that has territorial jurisdiction over the place where the crime was committed (not where you live).
No filing fee is required for criminal complaints.
You may file personally or through counsel.
Many prosecutor’s offices now accept e-mail or online filing (check the website of the Department of Justice or the local prosecutor).

Step 7: Preliminary Investigation

The prosecutor will docket the case and issue subpoenas to the respondent (trespasser).
Respondent has 10 days to file a Counter-Affidavit.
You may file a Reply-Affidavit within 10 days after receiving the Counter-Affidavit.
The prosecutor may set the case for clarificatory hearing if needed.
Within 60–90 days (usual actual period is 3–6 months), the prosecutor issues a Resolution:
- If probable cause is found → Information is filed in court.
- If no probable cause → case is dismissed (you may appeal to the Department of Justice within 15 days).

Step 8: After the Information is Filed in Court

The Municipal Trial Court or Metropolitan Trial Court has jurisdiction (since maximum penalty does not exceed 6 years).
You (the private complainant) will be required to attend mediation before the Philippine Mediation Center (mandatory under the Rules of Court).
If no settlement, the case proceeds to trial.

Special Situations

Ongoing or Continuing Trespassing (e.g., informal settlers who refuse to leave)

File the criminal complaint immediately.
Simultaneously file a civil case for ejectment (if you have prior possession) or accion publiciana (if you have title but possession is less than one year) or accion reivindicatoria (recovery of ownership).
You may also file a petition for Writ of Preliminary Mandatory Injunction to order the trespasser to vacate pending the main case.

Trespasser Claims Ownership or Rightful Possession

The criminal case for trespassing will proceed independently (ownership is not a defense if entry was without consent).
The trespasser may file a separate civil case to establish ownership, but this does not stop the criminal prosecution.

Corporate or Subdivision Property

The complaint must be filed by an authorized officer (with Secretary’s Certificate or Board Resolution).

Key Reminders

Act quickly. Delay weakens your case (witnesses forget, evidence disappears).
Never use violence to expel the trespasser yourself — you may be the one charged with physical injuries or alarm and scandal.
Preserve all original evidence; do not submit originals to the barangay or police unless necessary.
Consult a lawyer early. While you can file pro se, having counsel significantly increases the chances of conviction.

By following these initial steps systematically — documentation → barangay/police blotter → complete affidavits and evidence → filing with the prosecutor — you maximize the likelihood that your trespassing complaint will prosper and that the offender will be held criminally liable.