Navigating the removal of a person from your property—whether a former romantic partner, a relative who has overstayed their welcome, or a friend who refuses to leave—is a delicate balance of property rights and strict procedural law. In the Philippines, "self-help" measures (like changing locks or throwing belongings into the street) are legally risky and can lead to criminal charges for Grave Coercion or Unjust Vexation.

The law provides a specific remedy for these situations: Ejectment, specifically under the category of Unlawful Detainer.

1. Understanding the Legal Status: Licensee vs. Tenant

In most cases involving unwanted guests or co-habitants, the person is staying on the property by mere tolerance of the owner. They are technically "licensees."

Tolerance: You allowed them to stay without a formal lease contract and without charging rent.
The Rule: A person who occupies the land of another at the owner's tolerance or permission, without any contract between them, is necessarily bound by an implied promise that they will vacate the premises upon demand.

2. The Primary Legal Action: Unlawful Detainer

If a person's initial entry into the property was legal (you invited them in) but their continued possession has become illegal because you have revoked your consent, the correct legal remedy is an Unlawful Detainer case under Rule 70 of the Rules of Civil Procedure.

The Mandatory Demand Letter

Before a case can be filed in court, the owner must first make a formal Demand to Vacate.

Form: It must be a written demand.
Content: It should explicitly state that the person’s right to stay is revoked and they have a specific period (usually 15 days for houses or 5 days for land) to leave.
Service: This must be served personally, by registered mail, or by posting it on the premises if the person cannot be found.

3. The Barangay Conciliation Requirement

Under the Katarungang Pambarangay Law, if both parties reside in the same city or municipality, the dispute must be brought before the Lupong Tagapamayapa (Barangay) before filing in court.

Mediation: The Barangay Captain will attempt to mediate a settlement.
Certificate to File Action (CFA): If no agreement is reached, or if the respondent fails to appear, the Barangay Secretary will issue a CFA. Without this certificate, a court will likely dismiss your eviction case for being premature.

4. Filing the Complaint in Court

Once you have the CFA, you may file a formal Complaint for Unlawful Detainer in the Municipal Trial Court (MTC), Municipal Trial Court in Cities (MTCC), or Metropolitan Trial Court (MeTC) where the property is located.

The Summary Procedure

Ejectment cases are governed by the Rules on Summary Procedure. This is designed to be faster than regular cases:

No Trial (Generally): The court usually decides the case based on position papers and affidavits rather than a full-blown trial.
Timeline: Ideally, a decision should be rendered within a few months, though local court backlogs can extend this.

5. Rights of Specific Co-habitants

The procedure varies slightly depending on the relationship:

Common-Law Partners: If the property was acquired during the union, Art. 147 or 148 of the Family Code applies. If the property is "exclusive" (owned by one party before the union or inherited), the owner can evict the partner following the standard procedure.
Family Members: The law generally respects property ownership over blood ties. However, courts are sometimes more lenient regarding timelines when the case involves parents or children.
Boarders/Renters: If there is a lease, the Rent Control Act may apply, and the grounds for eviction are more limited (e.g., non-payment of rent for three months).

6. Judgment and Execution

If the court rules in your favor, it will issue a judgment ordering the defendant to:

Vacate the premises.
Pay reasonable compensation for the use of the property (back rentals/damages).
Pay attorney’s fees and costs.

Important: You cannot execute the judgment yourself. You must move for the issuance of a Writ of Execution. A Court Sheriff is the only official authorized to physically remove the person and their belongings from the property.

7. What You Must NOT Do (Prohibited Acts)

To avoid being sued by the person you are trying to evict, refrain from the following:

Cutting Utilities: Cutting off water or electricity can be seen as "Grave Coercion."
Forcible Entry: Breaking down doors or using physical threats to remove the person.
Seizing Property: Taking their personal belongings as "collateral" for unpaid bills or "rent."

Summary Table: The Evictor’s Checklist

Step	Action	Legal Requirement
1	Demand Letter	Must be written; provide at least 15 days to vacate.
2	Barangay Filing	Mandatory if parties live in the same city/municipality.
3	File Complaint	File within one (1) year from the date of the last demand.
4	Summary Procedure	Submit position papers and evidence to the MTC.
5	Writ of Execution	Authorized by the court and implemented only by a Sheriff.