For educational purposes only; not a substitute for tailored legal advice.

1) Big picture

Being evicted for “non-payment” when the landlord refuses to issue official receipts (ORs) is a common—and fixable—problem. Philippine law recognizes payment even without an OR if you can prove it by other competent evidence. Eviction for non-payment is allowed only after specific due-process steps and, if it reaches court, the landlord must prove both the right to possess the unit and the fact of non-payment. Tenants have concrete remedies from tender/consignation to barangay conciliation, defenses in unlawful detainer cases, and even tax and consumer complaints against the lessor for failure to issue ORs.

2) The legal framework (quick map)

Civil Code (Lease) – governs lessor/lessee duties: pay rent on time; provide peaceful possession; grounds for rescission/termination; effects of payment; tender and consignation (Arts. 1654–1688, 1231–1253).
Rules of Court (Rule 70, Summary Procedure) – governs forcible entry/unlawful detainer (a.k.a. ejectment) cases in the MTC/MeTC; outlines timelines, pleadings, immediate execution, and supersedeas bond to stay ejectment during appeal.
Local Government Code, Katarungang Pambarangay – mandatory barangay conciliation before filing most suits if parties are natural persons living/operating in the same city/municipality (with important exceptions).
National Internal Revenue Code (NIRC) & BIR rules – obligation to issue receipts for rental payments; non-issuance is a tax violation.
Rent control measures (if applicable to your unit and rent level) – regulate increases and some eviction grounds. (These measures are periodically extended or revised; check the latest coverage and thresholds for your city and unit type.)

3) Rent payment without an OR: what counts as proof?

An OR is strong proof of payment, but its absence does not equal non-payment. Courts accept other evidence that a reasonable person would rely on, such as:

Bank records: deposit/transfer slips, online transaction confirmations, passbook/statement entries.
Checks: photocopy of issued checks, cleared-check images, bank certifications.
Written acknowledgments: text messages, emails, chats where the lessor/agent confirms receiving rent (screenshots with metadata), signed “received” notations.
Witness testimony: building admin/guard/logbook entries showing monthly hand-offs.
Receipts from agents: if you paid to an authorized caretaker/agent; show proof of authority (messages/contract).
Consignation records: proof you deposited rent with the court after the lessor refused payment or refused to issue an OR.

Key doctrine: When a creditor (landlord) unjustifiably refuses to accept payment or to issue a receipt, the debtor (tenant) may protect themselves through tender of payment followed by consignation in court. A valid consignation extinguishes the obligation as if paid.

4) Eviction for non-payment: when is it lawful?

A lessor may legally evict for non-payment only if:

There is real non-payment (or material delay) of rent that is not legally excused (e.g., force majeure exceptions, agreed grace period, or payment already made by valid means).
Proper demand was made: typically written demand to pay and/or vacate giving a reasonable period to comply. (Demand is generally jurisdictional in unlawful detainer due to non-payment.)
If required, barangay conciliation was first attempted (see §8).
A case is filed in the proper court (MTC/MeTC) via unlawful detainer under Rule 70.
Court judgment orders ejectment; until then, the tenant remains in possession unless a valid extrajudicial ground exists (e.g., end of term with surrender) or a compromise is reached.
Execution rules are observed (see §9).

Red flags for unlawful eviction

Verbal threats or lockouts without a court order.
Unilateral utility disconnection to force you out.
Confiscation of your belongings (“distress”) without legal process.
Retaliatory eviction because you asserted rights (e.g., asked for ORs or complained to BIR).

Such acts can ground criminal, civil, and administrative liability (e.g., grave coercion, damages).

5) Defenses when the landlord claims “no payment”

If an ejectment suit or threat is based on “no payment” while you did pay but lack ORs:

Payment defense: Present bank/transfer proofs, cleared checks, messages acknowledging receipt, witness statements, and any delivery logs.
Tender and consignation: Show that you offered to pay (tender) but the landlord refused or refused to issue an OR, then you consigned the rent with the MTC.
Estoppel/waiver: Longstanding acceptance of a payment method (e.g., bank transfer without OR issuance) may estop the landlord from suddenly disowning payments.
Set-off (legal compensation): In rare cases where the lessor owes you a liquidated, demandable sum (e.g., deposit wrongfully retained and liquidated), you may argue compensation up to the amount owed.
No valid demand: Attack the form/timing/service of the demand to pay/vacate (e.g., not served, unreasonable period).
Non-compliance with rent-control rules (if applicable): Improper increase/ground/notice.
Bad faith/retaliation: Use to support damages and attorney’s fees.

6) Practical, step-by-step playbook for tenants

A. Before there’s a case

Centralize proof of payment
- From today forward, pay by traceable methods: bank transfer, crossed check, money order, or e-wallet that provides official transaction records.
- Always request an OR in writing. Keep a running email thread or chat labeled “Rent & OR.”
If the landlord refuses ORs or refuses to acknowledge payment
- Send a formal letter (email + hard copy) stating: amount, period covered, mode of payment, and a request for OR within, say, 5 business days. Attach your proof.
- If the landlord refuses to accept payment or imposes unlawful conditions, proceed to tender + consignation (see §7).
If you receive a demand to pay/vacate
- Do not ignore it. Promptly reply, attaching your proofs and offering to pay any uncontested balance.
- If there is a legitimate shortfall, pay it promptly through a traceable channel and ask for an updated OR.
Barangay conciliation (if required)
- File a complaint at the barangay (Punong Barangay or Lupon) for mediation/conciliation—bring your documents.

B. If a court case is filed (unlawful detainer under Rule 70)

Read the summons: You typically have 10 calendar days to file an Answer (no motion to dismiss under the Summary Procedure, except for a few limited grounds).
File a verified Answer with all your defenses (payment, consignation, lack of demand, etc.) and attach evidence.
Preliminary conference: Be ready with originals and witnesses.
Judgment & execution: If the MTC rules against you and issues a writ of execution, you can appeal—but to stay immediate execution you must:
- File a timely notice of appeal,
- Post a supersedeas bond (often equal to rents in arrears adjudged by the court), and
- Deposit current rentals with the appellate court as they fall due during appeal.
- You may file a motion to reduce bond if excessive, with reasons and proof.

7) Tender of payment & consignation: how to do it right

When a landlord refuses to accept rent or refuses to issue an OR, you can extinguish the obligation by:

Tender of payment
- Send a written offer to pay the exact rent due, specifying amount, period, mode (e.g., manager’s check/bank transfer), and the pickup/payment venue.
- Give a clear deadline (e.g., 3–5 business days). Keep proof of delivery.
Consignation (if tender is refused or impossible)
- Prepare a Manager’s Check or cash for deposit with the MTC that has territorial jurisdiction over the property or your residence (practice varies; consult counsel).
- File a Complaint/Manifestation for Consignation of Rent stating: (a) the obligation, (b) your tender and the landlord’s refusal or conditions, and (c) deposit the amount with the court.
- Notify the landlord of the consignation and keep the registry return card/acknowledgment.
- Repeat monthly if the refusal persists; each month’s rent can be consigned to keep you current.

If accepted by the court (or by the landlord later), consignation has the effect of payment; you are not in default, defeating the “non-payment” ground.

8) Barangay conciliation: when it’s required (and when it’s not)

Required if both lessor and lessee are natural persons who live or operate in the same city/municipality, and the dispute is not among the exceptions.
Not required if a party is a juridical entity (corporation/partnership), if parties reside in different cities/municipalities, or in certain urgent cases (e.g., where prescriptive periods may lapse or there is no personal confrontation possible).
Skipping mandatory conciliation when required can result in dismissal of a case (or non-actionability) until barangay steps are completed.

Tip: If the landlord threatens suit, you can initiate barangay proceedings first to create a record of your willingness to settle and to memorialize proof of payment.

9) What to expect procedurally in an ejectment case

Where filed: MTC/MeTC where the property is located.
Pleadings allowed: Very limited (Summary Procedure).
Evidence: Documentary (bank proofs, messages), testimony (you/agent/guard/admin), and admissions by the landlord.
Judgment: May award possession, rents (or reasonable compensation for use), damages, and attorney’s fees.
Execution: Immediate upon judgment unless you perfect appeal and comply with supersedeas bond and current rent deposits.
Appeal: To the RTC, then possibly further review on pure questions of law.

10) Remedies outside court (and parallel tracks)

BIR complaint (failure to issue ORs, non-registration, unreported rental income).
City/Municipal Treasurer/Business Permits (if operating unregistered leasing business).
DHSUD/local housing offices (for select tenancy/condo/HOA or rent-control guidance).
Consumer/City Legal help desks for mediation.
Civil action for damages if you suffered losses from wrongful lockout/harassment/utility cut-off.

11) Special issues & FAQs

Q1: My landlord always took bank transfers but never gave ORs. Now I’m accused of non-payment.

Compile all transfer proofs, bank statements, and message acknowledgments. Send a formal demand for ORs and statement of account. If they still refuse, consign the next rent and use the paper trail as your primary defense.

Q2: The lease is silent on receipts. Can I insist on ORs?

Yes. Separate from contract terms, tax laws require receipts. Your insistence is lawful and refusal to issue ORs can be reported.

Q3: The landlord rejected my cash because I asked for an OR.

That is not valid ground to claim non-payment. Tender in writing and, upon refusal, consign.

Q4: Can I withhold rent because there are defects in the unit?

Only with caution. The safer route is to notify the landlord, demand repairs, and reserve rights. For serious breaches, you may seek rent reduction, rescission, or damages—but consult counsel before withholding to avoid default.

Q5: I lost all my proofs.

Try to reconstruct: request bank certifications, retrieve e-wallet histories, ask witnesses for affidavits, and secure building admin letters confirming your regular payments.

Q6: What if my unit is covered by rent control?

Rent control laws typically limit increases and outline exclusive eviction grounds (non-payment being one). If an increase was unlawful or notice defective, you can contest arrears computed on that increase.

12) Evidence checklist for tenants

Lease contract and amendments
Demands and replies (send via email + registered mail/courier)
Proofs of payment per month (transfers, check images, ATM receipts)
Chat/email acknowledgments; screenshots with timestamps
Barangay minutes/settlement papers
Building or guard logbooks (certified extracts)
Consignation pleadings and official receipts from the court
Utility bills in your name (context for occupancy and dates)

13) Model letters (editable)

A. Demand for Official Receipts / Acknowledgment of Payment

Subject: Request for Official Receipts for Rent (Unit ___)

Dear [Lessor], I paid rent for the periods [] totaling ₱[] via [bank/e-wallet/check], with proofs attached. Kindly issue official receipts within 5 business days and provide a statement of my account. Absent issuance, I will protect my rights through consignation. Thank you. [Name, Address, Contact]

B. Tender of Payment (Prior to Consignation)

Subject: Tender of Rent for [Month/Year] – Unit [___]

Dear [Lessor], I hereby tender payment of ₱[amount] for the period [____] by [manager’s check no. ___ / bank transfer ref. ___]. Please accept by [date]. I also request issuance of the official receipt. If refused, I will consign the amount in court to avoid default. Respectfully, [Name]

C. Reply to Demand to Vacate for Alleged Non-Payment

Subject: Re: Your Demand Dated [____]

Dear [Lessor], I dispute your allegation of non-payment. Enclosed are proofs of payment for [months]. I remain ready to pay any undisputed balance and to receive the corresponding official receipts. If you continue to refuse, I will consign future rents and invoke my defenses should you file suit. Sincerely, [Name]

14) Strategy in three lines

Make payments traceable and demand ORs in writing.
If the landlord refuses, tender then consign—you’re not in default.
If sued, answer fast, assert payment/consignation, and bond + deposit to stay execution if appealing.

15) Quick tenant “do & don’t”

Do: keep a monthly evidence packet; send formal letters; attend barangay sessions; show good faith.
Don’t: abandon the unit, ignore demands/summons, or agree to unlawful lockouts/utility cuts.
Do: consider a brief consult with counsel to calibrate consignation and court timelines.

Bottom line

No ORs ≠ no payment. With proofs, proper notices, and consignation, you can defeat a non-payment eviction, preserve your home, and hold non-compliant lessors accountable.