The eviction of a tenant in the Philippines is a process strictly governed by law. Landlords cannot simply throw a tenant's belongings out or change the locks on a whim. Doing so could expose the property owner to criminal charges like Grave Coercion or Unjust Vexation.
The primary laws governing this area are the Civil Code of the Philippines and Republic Act No. 9653 (The Rent Control Act of 2009), as extended by the National Human Settlements Board.
1. Valid Grounds for Eviction
Under Philippine law, a landlord cannot evict a tenant without a "just cause." The legal grounds include:
- Non-payment of Rent: Failure to pay rent for a total of three (3) months.
- Expiration of Lease: When the period agreed upon in the contract has ended.
- Subleasing: If the tenant leases the property to a third party without the landlord’s written consent.
- Owner’s Need: When the owner or their immediate family needs to use the property (requires 3 months' advance notice and the owner cannot lease it to others for at least one year).
- Repairs: When the property needs necessary repairs to make it safe, as ordered by authorities.
- Violation of Contract: Breaking specific terms agreed upon in the lease (e.g., using a residential unit for a noisy business).
2. The Step-by-Step Legal Process
The process must follow a specific sequence to be legally binding. Skipping a step can lead to a "Technicality" dismissal in court.
Step A: Demand to Pay and Vacate
The landlord must serve a Formal Demand Letter. This letter must explicitly demand that the tenant pay the arrears and vacate the premises within a certain period (usually 15 days for residential or 5 days for commercial).
Note: This letter is a jurisdictional requirement. Without it, you cannot file a case in court.
Step B: Barangay Conciliation
If the tenant refuses to leave, the landlord must go to the Lupong Tagapamayapa (Barangay) where the property is located.
- A "Confrontation" will occur between the parties.
- If no settlement is reached, the Barangay Captain will issue a Certificate to File Action (CFA).
- Exception: If the parties live in different cities/provinces or if the case involves a corporation, this step may sometimes be bypassed.
Step C: Filing the Unlawful Detainer Case
With the CFA in hand, the landlord files a complaint for Unlawful Detainer (Ejectment) in the Metropolitan or Municipal Trial Court (MTC).
- This is a "Summary Procedure," meaning it is designed to be faster than regular court cases.
- The court will issue a summons to the tenant, who has 10 days to file an Answer.
Step D: Judgment and Execution
If the court rules in favor of the landlord, it will issue a decision ordering the tenant to:
- Vacate the property.
- Pay the unpaid rentals.
- Pay attorney's fees/damages.
If the tenant still refuses to leave after the judgment is final, the landlord moves for a Writ of Execution. The court sheriff will then physically remove the tenant.
3. Important Prohibitions for Landlords
Philippine law protects tenants from "extrajudicial" or "strong-arm" tactics. Landlords should strictly avoid:
| Prohibited Action | Potential Legal Consequence |
|---|---|
| Cutting off utilities (Water/Electricity) | Criminal complaint for Grave Coercion. |
| Padlocking the door while tenant is out | Criminal complaint for Grave Coercion / Trespass. |
| Seizing belongings for unpaid rent | Liability for Theft or Robbery, unless specifically allowed by a court order. |
4. Summary of Timelines
- Non-payment trigger: 3 months of arrears.
- Notice period (Owner's use): 3 months notice.
- Demand Letter period: 15 days (residential) to comply.
- Unlawful Detainer Filing: Must be filed within one (1) year from the date of the last demand letter.
Comparison: Unlawful Detainer vs. Forcible Entry
| Feature | Unlawful Detainer | Forcible Entry |
|---|---|---|
| Initial Possession | Legal (started with a contract). | Illegal (started with force, stealth, or threats). |
| Demand Letter | Required. | Not required. |
Would you like me to draft a template for a Formal Demand Letter to Vacate that complies with these Philippine legal requirements?