Understanding the legal framework for eviction in the Philippines is crucial for both property owners and tenants to ensure their rights are protected and that due process is followed. The primary laws governing this area are the Rental Reform Act of 2009 (Republic Act No. 9653) and the Civil Code of the Philippines.

Legal Grounds for Eviction

Under Philippine law, a landlord cannot simply eject a tenant based on a whim. There must be valid, legal grounds as specified under Section 9 of R.A. 9653. These grounds apply to residential units with monthly rentals not exceeding certain thresholds (currently regulated by the National Human Settlements Board).

Subleasing the Unit: If the tenant assigns the lease or subleases the residential unit (or any portion thereof) to a third party without the written consent of the owner.
Arrears in Payment: Non-payment of rent for a total of three (3) months. This is the most common ground for eviction.
Legitimate Need of the Owner: When the owner or their immediate family has a legitimate need to use the property for residential purposes. However, certain conditions apply:

The lease must be for a definite period which has expired.
The owner must provide notice at least three months in advance.
The owner is prohibited from leasing the unit to a third party for at least one year from the time of repossession.

Necessary Repairs: When the lessor needs to make necessary repairs to the unit which is the subject of an existing order of condemnation by appropriate authorities to make the unit safe and habitable.
Expiration of the Lease Period: If a written contract exists, the expiration of the term is a valid ground. If there is no written contract, the lease is considered month-to-month if rent is paid monthly.

The Notice Period and Due Process

The Philippine legal system strictly prohibits "extrajudicial" evictions (e.g., forcibly removing a tenant, changing locks, or cutting off utilities without a court order). The process must follow a specific sequence:

1. The Demand Letter (Notice to Vacate)

Before a landlord can file an eviction case in court, they must first serve a Demand Letter.

Purpose: To demand that the tenant pay the arrears or comply with the lease terms, and to vacate the premises.
Period: Usually, the law requires a demand to pay and vacate to be served. If the tenant fails to comply within fifteen (15) days (for residential) or five (5) days (for commercial/land) after receiving the notice, the landlord can proceed to the next step.

2. Mandatory Barangay Conciliation

If the landlord and tenant reside in the same city or municipality, the dispute must first be brought to the Lupong Tagapamayapa (Barangay) for mediation.

A "Certificate to File Action" will only be issued if the parties fail to reach an amicable settlement.
Skipping this step can result in the dismissal of a court case for being premature.

3. Filing an Unlawful Detainer Case

If mediation fails, the landlord files a formal complaint for Unlawful Detainer in the Metropolitan or Municipal Trial Court. This is a "summary procedure" designed to resolve the issue of physical possession quickly.

Prohibited Acts by Landlords

It is a common misconception that a landlord can "self-help" if a tenant stops paying. The following actions are generally considered illegal and can make the landlord liable for damages or even criminal charges (e.g., Grave Coercion):

Forcibly entering the unit while the tenant is away.
Removing the tenant’s belongings.
Cutting off electricity or water connections to force the tenant out.
Using threats or physical intimidation.

Rights of the Tenant During the Process

The 3-Month Rule: For non-payment, the debt must reach a full three months before the ground for eviction is perfected.
Receipts: Tenants have a legal right to receive a written receipt for every rental payment made.
Security Deposits: Usually, the "one month advance, two months deposit" rule applies. The deposit should be kept to cover unpaid bills or damages at the end of the lease; it cannot be arbitrarily forfeited.

Summary of Timeline

Action	Requirement / Period
Arrears Ground	3 months of unpaid rent
Demand Letter	15-day grace period to vacate/pay
Barangay Mediation	Required prior to court filing
Court Action	Unlawful Detainer (Summary Procedure)
Execution	Only by a Sheriff via a Writ of Execution