Introduction

In the Philippines, the landlord-tenant relationship is primarily governed by the Civil Code of the Philippines (Republic Act No. 386), Republic Act No. 9653 (the Rent Control Act of 2009, as extended and amended), and relevant jurisprudence from the Supreme Court. Eviction, legally termed as "ejectment," is a judicial process that allows a landlord to regain possession of leased property from a tenant who has violated the terms of the lease or whose lease has expired. It is not a self-help remedy; landlords cannot forcibly remove tenants without court intervention, as doing so may lead to criminal liability under laws against grave coercion or unjust vexation.

The process emphasizes due process, protecting both landlords' property rights and tenants' rights against arbitrary eviction. Key principles include the requirement for valid grounds, proper notice, and adherence to summary judicial procedures. This article provides a comprehensive overview of the legal framework, grounds, procedural steps, remedies, defenses, and related considerations in the Philippine context.

Legal Framework

Governing Laws

Civil Code of the Philippines (Articles 1654-1688): Establishes the basic obligations of lessors and lessees, including the right to terminate leases for cause.
Republic Act No. 9653 (Rent Control Act of 2009): Regulates rent increases and evictions for residential units with monthly rent not exceeding PHP 10,000 in Metro Manila and PHP 5,000 elsewhere (as of extensions up to 2023; check for latest amendments). It prohibits evictions without just cause and mandates a one-year lease minimum for protected units.
Batas Pambansa Blg. 877 (Rental Reform Act): Predecessor to RA 9653, with similar protections.
Revised Rules of Court (Rule 70 on Forcible Entry and Unlawful Detainer): Outlines the summary procedure for ejectment cases in Municipal Trial Courts (MTCs).
Barangay Justice System (Republic Act No. 7160, Local Government Code): Requires mandatory conciliation in barangay (village) level for disputes involving residents in the same city or municipality.
Supreme Court Jurisprudence: Cases like Sps. Lapeña v. Sps. Lim (G.R. No. 177753) and Spouses Santos v. Spouses Lumbao (G.R. No. 169129) clarify grounds and procedures.

Evictions fall under two main actions: unlawful detainer (when possession was initially lawful but became unlawful, e.g., non-payment of rent) and forcible entry (when possession was taken by force, intimidation, threat, strategy, or stealth). Most tenant evictions are unlawful detainer cases.

Grounds for Eviction

Eviction requires just cause under RA 9653 for rent-controlled units. For non-rent-controlled units, grounds are based on the lease contract and Civil Code. Valid grounds include:

Non-Payment of Rent: Failure to pay rent when due, after demand. A grace period may apply per contract, but not exceeding one month under RA 9653.
Violation of Lease Terms: Such as subleasing without consent (Art. 1659, Civil Code), using the property for illegal purposes, or causing damage beyond normal wear and tear.
Expiration of Lease: For fixed-term leases, eviction upon expiry if no renewal. Month-to-month leases require 15-30 days' notice.
Personal Use by Owner or Immediate Family: Landlord needs the property for their own use or that of immediate family members (spouse, children, parents), provided no other suitable residential unit is available and the landlord has owned the property for at least one year.
Sale of Property: New owner may evict if they intend personal use, but must honor existing leases unless stipulated otherwise.
Major Repairs or Demolition: If the property is condemned or requires repairs making it uninhabitable, with proper certification from local authorities.
Arrears in Utility Payments: If the tenant is responsible per lease and fails to pay.
Assignment of Lease Without Consent: Unauthorized transfer of lease rights.
Other Causes: Chronic disturbances, health/safety violations, or abandonment (leaving property unoccupied without intent to return).

For rent-controlled units, evictions for grounds 4-6 require at least three months' advance notice. Eviction for non-payment does not absolve the tenant from paying back rent.

Pre-Judicial Steps

Before filing in court, landlords must exhaust non-judicial remedies to avoid dismissal.

1. Demand Letter or Notice to Vacate

A written demand must be served to the tenant, specifying the ground, amount due (if applicable), and a reasonable period to comply (e.g., 5 days for non-payment in urban areas, 10 days in rural; 15-30 days for lease expiration).
Service: Personal delivery (with acknowledgment), registered mail with return receipt, or posting on the premises if tenant avoids service.
For rent-controlled units: Notice must comply with RA 9653's requirements, including no eviction during school year if affecting students.

2. Barangay Conciliation

Mandatory under the Katarungang Pambarangay Law for disputes between residents in the same barangay, city, or municipality.
File a complaint with the Barangay Captain or Lupon Tagapamayapa.
Conciliation proceedings: Parties meet to settle amicably; if successful, a compromise agreement is executed.
If no settlement within 15 days, a Certificate to File Action (CFA) is issued, allowing court filing.
Exemption: If parties are in different cities/municipalities, or if the dispute involves corporations/ juridical entities.

Failure to undergo barangay conciliation results in dismissal of the court case without prejudice.

Judicial Process: Filing the Ejectment Suit

If the tenant does not vacate after notice and conciliation, the landlord files a complaint for unlawful detainer or forcible entry in the MTC with jurisdiction over the property's location.

1. Venue and Jurisdiction

MTC, MeTC (Metro Manila), or MTCC: Exclusive original jurisdiction for ejectment cases, regardless of rental amount.
Venue: Where the property is situated.

2. Filing the Complaint

Requirements: Verified complaint, affidavits of witnesses, lease contract, demand letter, proof of service, CFA from barangay, and filing fees (around PHP 2,000-5,000, plus sheriff fees).
Allegations: Facts showing right to possession, how possession became unlawful, and demand made.
Prohibited Pleadings: No counterclaims except compulsory ones like back rent; no cross-claims or third-party complaints.

3. Summary Procedure (Rule 70)

Designed for speedy resolution; no full trial.
Summons: Served within 3 days of filing; tenant has 10 days (from 2020 amendments) to file an answer.
Answer: Tenant must respond under oath, raising defenses like payment, lack of demand, or invalid ground.
Preliminary Conference: Within 30 days of answer, court mediates; if no settlement, proceeds to judgment based on pleadings and affidavits.
Judgment: Rendered within 30 days after conference or submission of position papers. If landlord wins, court orders tenant to vacate, pay back rent, damages, and attorney's fees.
No motion to dismiss except for lack of jurisdiction or failure to refer to barangay.

4. Duration

Ideally 3-6 months, but delays can extend to 1-2 years due to appeals or motions.

Defenses Available to Tenants

Tenants can raise:

Payment of rent (with evidence like receipts).
Lack of proper notice or demand.
Retaliatory eviction (e.g., after tenant complained about repairs).
Lease not expired or violated.
Property not rent-controlled, or ground not applicable.
Force majeure (e.g., calamities preventing payment).
Supersedeas Bond: To stay execution, tenant posts bond for back rent and deposits ongoing rent.

Appeals and Execution

1. Appeal

From MTC to Regional Trial Court (RTC) within 15 days.
RTC reviews de novo; decision final unless petition for review to Court of Appeals (CA) on pure questions of law.
To stay execution pending appeal, tenant posts supersedeas bond and deposits rent monthly.

2. Execution of Judgment

If no stay, writ of execution issues: Sheriff enforces eviction, possibly with police assistance.
Tenant removal: Personal belongings removed; if not claimed, stored at tenant's expense.
Demolition: If necessary, separate order required.

Special Considerations

Rent-Controlled vs. Non-Rent-Controlled Units

Rent-controlled: Stricter protections; no eviction for rent increase disputes; maximum 2% annual increase (as of 2023 extensions).
Non-rent-controlled: More flexible, but still requires cause and notice.

Commercial Leases

Similar process, but not covered by RA 9653; governed by contract and Civil Code. Higher rents often lead to regular civil actions if possession not the only issue.

Squatters and Informal Settlers

Governed by RA 7279 (Urban Development and Housing Act): Requires relocation site, 30-day notice, and no demolition without court order or local government resolution.

COVID-19 and Calamity Moratoriums

During pandemics or disasters, executive orders may suspend evictions (e.g., Bayanihan Acts 1 and 2 in 2020-2021 deferred rents).

Liabilities for Wrongful Eviction

Landlord: Civil damages, criminal charges (e.g., Art. 286, Revised Penal Code for grave coercion).
Tenant: If holds over maliciously, liable for double rent (Art. 1670, Civil Code).

Alternatives to Eviction

Mutual termination agreement.
Mediation through Housing and Land Use Regulatory Board (HLURB) for subdivisions/condos.
Self-help prohibited: Changing locks or cutting utilities is illegal.

Conclusion

The eviction process in the Philippines balances property rights with tenant protections, emphasizing judicial oversight to prevent abuse. Landlords must meticulously follow steps to avoid case dismissal, while tenants have avenues for defense. Consulting a lawyer is advisable, as specifics vary by case and updates in law (e.g., extensions of RA 9653). Compliance ensures efficient resolution and avoids protracted litigation.