In Philippine property law, the right to possess a property is not exclusive to the owner (lessor). A valid contract of lease transfers the right of possession (jus possessionis) to the tenant (lessee). Consequently, when a third party—or even the landlord—occupies the property without consent, the tenant has the legal standing to seek their removal.
Understanding these rights requires navigating the Civil Code of the Philippines and the Rules of Court.
1. The Tenant’s Right to Peaceful Possession
Under Article 1654 of the Civil Code, the lessor is legally obligated to deliver the thing which is the object of the contract and to maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract.
While the landlord is the owner, the tenant is the "lawful possessor." This means that if an unauthorized person (a "squatter," a guest who overstays, or an intruder) enters the premises, the tenant is the primary party injured by this intrusion.
2. Remedies Against Unauthorized Occupants
A tenant has several legal avenues to remove an unauthorized occupant, depending on the nature of the entry and the duration of the illegal possession.
A. Accion Interdictal (Ejectment Suits)
These are summary proceedings filed in the Municipal Trial Court (MTC) to recover physical possession. There are two types:
- Forcible Entry: Filed when the occupant took possession through FISC (Force, Intimidation, Strategy, Stealth, or Threat). The tenant must file this within one (1) year from the date of actual entry (or from the date of discovery if entry was by stealth).
- Unlawful Detainer: Filed when the occupant’s initial entry was legal (e.g., a guest or sub-lessee allowed by the tenant) but became illegal because the right to stay has expired or was revoked. This must also be filed within one (1) year from the last demand to vacate.
B. Accion Publiciana
If more than one year has passed since the unauthorized occupancy began, the tenant can no longer file a summary ejectment suit. Instead, they must file an Accion Publiciana in the Regional Trial Court (RTC). This is a plenary action to recover the right of possession and is a more lengthy emotional and financial process than summary ejectment.
C. The Doctrine of Self-Help
Under Article 429 of the Civil Code, the lawful possessor may use "reasonable force" to repel an actual or threatened physical invasion or usurpation of property.
Warning: This right can only be exercised at the time of the intrusion. Once the unauthorized occupant has successfully established "possession" (even if illegal), the tenant cannot use force to oust them and must instead resort to the courts.
3. Can a Tenant Sue the Landlord?
If the "unauthorized occupant" is actually the landlord (e.g., the landlord enters the unit without permission or changes the locks), the tenant may:
- Sue for Breach of Contract: For violating the warranty of peaceful possession.
- File for Forcible Entry: Since the landlord has no right to enter the leased premises without consent or a court order, even if the tenant is behind on rent.
- Criminal Charges: Depending on the circumstances, the landlord could be charged with Trespass to Dwelling under the Revised Penal Code.
4. The Issue of Sub-Leasing
A common scenario involves a tenant wanting to remove a sub-lessee. Under Article 1650 of the Civil Code, a tenant cannot sub-lease the property unless the main lease contract expressly allows it.
- If sub-leasing is allowed: The tenant acts as a "mini-landlord" and can file an unlawful detainer case against the sub-lessee.
- If sub-leasing is prohibited: The tenant is in breach of their own lease. While they can still attempt to remove the occupant, the landlord also gains the right to evict the original tenant for violating the terms of the lease.
5. Procedural Requirements: The Barangay Level
Before filing an ejectment case in court, Philippine law (P.D. 1508 or the Katarungang Pambarangay Law) generally requires the parties to undergo conciliation at the Barangay level, provided they reside in the same city or municipality.
A "Certificate to File Action" from the Lupon Tagapamayapa is usually a prerequisite before the court will entertain the tenant's complaint.
Summary Table of Legal Actions
| Remedy | Basis of Entry | Court | Prescription Period |
|---|---|---|---|
| Forcible Entry | Force, Stealth, or Threat | MTC | 1 Year from Entry |
| Unlawful Detainer | Legal entry that became illegal | MTC | 1 Year from Demand |
| Accion Publiciana | Recovery of right of possession | RTC | After 1 Year |
| Self-Help | Immediate resistance to entry | N/A | At the time of entry |
Conclusion
In the Philippines, the law protects the "possession" of the tenant just as vigorously as it protects the "ownership" of the landlord. A tenant has the legal personality to initiate eviction proceedings against any unauthorized occupant, ensuring that their contractual right to a peaceful home is maintained. However, due process must always be followed; "summary" eviction without a court order (unless falling under the Doctrine of Self-Help) is generally illegal.