In the Philippines, the death of a landowner triggers the immediate transmission of ownership to the heirs by operation of law (Article 777, Civil Code). However, the transition from ownership on paper to physical possession is often complicated by the presence of illegal settlers or "squatters."

Understanding the legal remedies available to heirs requires a grasp of both substantive property law and the procedural rules governing ejectment and recovery of possession.

1. The Right of Succession and Co-ownership

From the moment of the decedent's death, the heirs become co-owners of the estate. Under Article 484 of the Civil Code, any one of the co-owners may bring an action in ejectment. This means an individual heir can file a case against illegal settlers without needing the signatures of all other heirs, provided the action is for the benefit of the entire co-ownership.

2. Primary Legal Remedies for Recovery

There are three main judicial actions to remove illegal settlers, depending on the duration and nature of the possession:

A. Forcible Entry (Accion Interdictal)

This is a summary action used when the heir is deprived of physical possession by means of force, intimidation, strategy, threat, or stealth (FISTS).

Prescription: Must be filed within one (1) year from the date of actual entry (or from the date of discovery if entry was by stealth).
Jurisdiction: Municipal Trial Court (MTC).
Key Issue: Physical or de facto possession, not ownership.

B. Unlawful Detainer (Accion Interdictal)

This applies when the settler’s initial possession was legal (e.g., by tolerance of the deceased owner) but became illegal after the right to possess expired or was revoked.

Demand Requirement: The heir must send a formal Demand to Vacate and pay back rentals.
Prescription: Must be filed within one (1) year from the date of the last demand letter.
Jurisdiction: Municipal Trial Court (MTC).

C. Accion Publiciana

If the one-year period for filing Forcible Entry or Unlawful Detainer has lapsed, the heirs must file an Accion Publiciana. This is a plenary action to recover the "better right of possession."

Prescription: Generally filed within ten (10) years.
Jurisdiction: Regional Trial Court (RTC) if the assessed value of the land exceeds the MTC's jurisdictional limit (currently ₱400,000 in most areas).

D. Accion Reivindicatoria

This is an action to recover full ownership, which necessarily includes possession. It is used when the settlers claim they own the land (e.g., through a forged title or adverse possession).

Jurisdiction: RTC.

3. The Impact of the "Lina Law" (R.A. 7279)

The Urban Development and Housing Act of 1992 (Lina Law) provides certain protections to "underprivileged and homeless citizens."

Mandatory Requirements: Eviction or demolition can only be executed if there is a court order.
Notice Period: A 30-day notice must be given prior to the date of eviction.
Relocation: The law often requires local government units (LGUs) to provide relocation sites for "qualified" settlers. However, it is a common misconception that heirs cannot evict settlers without providing relocation; the primary burden of relocation lies with the government, not the private landowner.

4. Criminal Liability: Presidential Decree No. 772

While P.D. 772 (the Anti-Squatting Law) was repealed by R.A. 8368, illegal occupation can still fall under Article 281 of the Revised Penal Code (Other Forms of Trespass) or Article 312 (Occupation of Real Property or Usurpation of Real Rights in Property). Article 312 applies if the settler takes possession of the inherited land through violence or intimidation.

5. Summary of Steps for Heirs

Verification of Title: Ensure the property is registered in the name of the decedent and initiate the Extrajudicial Settlement of Estate (EJS) to establish the heirs' legal standing.
Demand Letter: If the occupation is tolerated, send a formal, notarized demand to vacate via registered mail.
Barangay Conciliation: Under the Katarungang Pambarangay Law, heirs must generally undergo mediation at the Barangay level before filing a case in court, unless the parties reside in different cities/municipalities or the case is urgent.
Filing the Action: Choose the correct judicial remedy (Ejectment, Publiciana, or Reivindicatoria) based on the timeline and circumstances of the occupation.

Note on Self-Help: Under Article 429 of the Civil Code, an owner may use "reasonable force" to prevent or repel an actual or threatened physical invasion of property. However, once a settler has already established "possession" (even if illegal), the owner cannot validly use force to oust them and must instead resort to judicial process. Doing otherwise may expose the heirs to criminal charges for Grave Coercion or Malicious Mischief.