In the Philippines, the sanctity of property rights is protected by the Constitution and a robust framework of civil and criminal laws. Land grabbing and illegal occupation—often referred to as "squatting"—pose significant threats to registered owners. When a third party enters or remains on a property without legal right or consent, the owner must act swiftly using the specific legal avenues provided by Philippine law.

1. Summary Judicial Actions: Ejectment Suits

For the immediate recovery of physical possession, the law provides for summary proceedings. These are intended to be fast-tracked cases filed in the Metropolitan or Municipal Trial Courts (MeTC/MTC).

Forcible Entry

This is filed when the owner is deprived of physical possession by means of Force, Intimidation, Strategy, Threat, or Stealth (FISTS).

Key Requirement: The plaintiff must prove they were in prior physical possession of the property.
Prescription: The case must be filed within one (1) year from the date of actual entry or, in cases of stealth, from the date of discovery.

Unlawful Detainer

This applies when the possession of the occupier was originally legal (e.g., through a lease contract or mere tolerance) but became illegal after the right to possess expired or was terminated.

Key Requirement: A formal Demand to Vacate and Pay is usually a jurisdictional requirement before filing.
Prescription: The case must be filed within one (1) year from the date of the last demand letter.

2. Plenary Actions: Recovery of Possession and Ownership

If the one-year prescriptive period for ejectment has lapsed, or if the issue involves the underlying right to possess rather than just physical possession, the owner must file a case in the Regional Trial Court (RTC).

Accion Publiciana

This is a plenary action for the recovery of the right of possession. It is used when the one-year period for Forcible Entry or Unlawful Detainer has already passed. The focus here is on who has the better legal right to possess the land.

Accion Reivindicatoria

This is an action to recover full ownership, which necessarily includes possession. This is the ultimate remedy when the occupier claims they own the land (e.g., through a contested title or adverse possession).

3. Criminal Remedies

Under Philippine law, land grabbing can also constitute criminal acts, providing a deterrent through imprisonment and fines.

The Anti-Squatting Law Repeal (R.A. 8368)

While Presidential Decree No. 772 (the old Anti-Squatting Law) was repealed, squatting remains illegal. Professional squatters and "squatting syndicates" are still criminally liable under Republic Act No. 7279 (The Urban Development and Housing Act).

Professional Squatters: Individuals or groups who occupy lands without the owner's consent and have sufficient income for legitimate housing.
Squatting Syndicates: Groups engaged in the business of selling "rights" to land they do not own.

Criminal Trespass and Occupation of Real Rights

Under the Revised Penal Code (RPC):

Article 281 (Other Forms of Trespass): Entering the closed premises or fenced estate of another without permission.
Article 312 (Occupation of Real Property): Taking possession of real property or usurping real rights belonging to another by means of violence or intimidation.

4. Administrative and Auxiliary Remedies

Writ of Possession

In cases involving foreclosure or expropriation, a Writ of Possession can be sought to direct the sheriff to oust the current occupant and place the petitioner in possession without the need for a full-blown ejectment trial.

Cease and Desist / Injunction

If the illegal occupant is currently constructing structures or destroying the property, the owner may pray for a Temporary Restraining Order (TRO) or a Writ of Preliminary Injunction to stop the ongoing activity while the main case is pending.

The Role of the Barangay

Before filing most civil cases in court, Philippine law requires Barangay Conciliation (under the Katarungang Pambarangay Law). If no settlement is reached, the Punong Barangay issues a Certificate to File Action, which is a prerequisite for court intervention.

5. Strategic Considerations for Landowners

Tolerance is not Estoppel: In Philippine jurisprudence, "tolerance" means the owner allows the stay but can withdraw that permission at any time. However, once a demand to vacate is made, the possession becomes illegal.
Self-Help (Article 429, Civil Code): An owner may use "reasonable force" to repel an actual or threatened physical invasion of their property. However, this must be done at the time of the entry. Once the illegal occupant has settled, the owner can no longer use force and must resort to judicial process.
Fencing and Monitoring: To prevent "stealth" entries, owners of vacant lots are encouraged to fence the perimeter and regularly inspect the property, as long-term inaction can lead to complicated legal battles.