In the Philippine legal system, the home is considered a sacred sanctuary. The law provides robust protections to ensure that no individual or family is displaced from their residence without due process. For tenants, understanding these rights is crucial to resisting harassment and maintaining housing security.

1. The Governing Framework

The primary laws governing the relationship between landlords and tenants are:

Republic Act No. 9653 (The Rent Control Act of 2009): Applicable to residential units within specific rent brackets in the National Capital Region and other highly urbanized cities.
The Civil Code of the Philippines: Specifically the provisions on Lease (Articles 1642 to 1688), which apply to all lease agreements not covered by the Rent Control Act.
The Rules of Court: Specifically Rule 70, which dictates the procedure for Unlawful Detainer and Forcible Entry.

2. Valid Grounds for Judicial Ejectment

A landlord cannot simply demand a tenant leave because of a personal whim. Under Section 9 of R.A. 9653 and the Civil Code, the following are the only legal grounds for eviction:

Subleasing without Written Consent: If the tenant assigns or sublets the unit to a third party without the landlord’s written approval.
Arrears in Rent: Non-payment of rent for a cumulative period of three (3) months.
Legitimate Need for Owner’s Use: If the owner or their immediate family needs the unit for residential purposes, provided the tenant is given three months' notice and the owner does not lease it to another for at least one year.
Repairs or Renovation: When the unit has been condemned by authorities or requires extensive repairs to make it safe, with the tenant having the right of first refusal once repairs are finished.
Expiration of the Lease Period: Once a fixed-term contract ends.

3. The Prohibition of "Self-Help" Evictions

One of the most vital protections for tenants is the prohibition of extrajudicial or "self-help" evictions. Even if a tenant is behind on rent, a landlord cannot legally:

Cut off electricity or water utilities.
Padlock the doors or change the locks.
Forcefully remove the tenant’s belongings.
Threaten or intimidate the tenant to leave.

Such actions can be met with criminal charges for Grave Coercion or Unjust Vexation under the Revised Penal Code.

4. The Mandatory Process: Due Process of Law

For an eviction to be lawful, the landlord must follow a specific legal sequence:

Step 1: The Demand Letter

The landlord must first serve a formal written demand to pay (in case of arrears) and vacate. If the tenant complies within the period stated (usually 15 days for residential), the matter ends.

Step 2: Barangay Conciliation

Under the Katarungang Pambarangay Law, if both parties reside in the same city or municipality, the dispute must first be brought before the Lupong Tagapamayapa. A "Certificate to File Action" is required before the landlord can proceed to court.

Step 3: Filing of an Ejectment Case (Unlawful Detainer)

If mediation fails, the landlord must file a case in the Metropolitan or Municipal Trial Court. The court will then determine if there is a legal basis for eviction.

Step 4: The Writ of Execution

Only a Sheriff, acting under a court-issued Writ of Execution, has the authority to physically remove a tenant and their property from the premises.

5. Rights Regarding Deposits and Advance Rent

Under the Rent Control Act, a landlord is limited to asking for a maximum of:

One (1) month advance rent.
Two (2) months deposit.

The deposit must be kept in a bank account under the landlord's name, and any interest earned shall belong to the tenant. This deposit is intended to cover unpaid bills or damages beyond "normal wear and tear" and must be returned to the tenant after they vacate.

6. Protection Against Arbitrary Rent Increases

The Rent Control Act (as extended by the Housing and Urban Development Coordinating Council) limits the percentage by which a landlord can increase rent annually. Increasing rent beyond these legal limits as a tactic to force a tenant out is considered an "indirect eviction" and is unlawful.

Summary of Tenant Recourse

If a tenant faces unlawful eviction, they should:

Document Everything: Take photos of cut utilities or padlocked doors.
Police Blotter: Report any harassment or forced entry to the local police.
Seek Legal Aid: Approach the Public Attorney’s Office (PAO) or the Integrated Bar of the Philippines (IBP) if they cannot afford a private lawyer.
Barangay Intervention: Seek immediate assistance from the Barangay to restore utilities or gain access to the property.