In the Philippines, an Unlawful Detainer case is a summary action used to recover possession of real property from someone who is withholding it illegally after the expiration or termination of their right to hold possession.

Whether the dispute involves a non-paying tenant or a guest who has overstayed their welcome, navigating the procedural requirements—specifically the Barangay Conciliation—is vital to ensure your case isn't dismissed on a technicality.

1. Defining Unlawful Detainer

Unlawful detainer (or desahucio) occurs when the defendant’s initial possession of the property was legal (based on a contract, lease, or mere tolerance) but became illegal because the right to possess has expired or was revoked by the owner.

Prescription Period: The case must be filed within one (1) year from the date of the last demand to vacate.
Jurisdiction: These cases fall under the exclusive original jurisdiction of the Metropolitan Trial Courts (MeTC), Municipal Trial Courts (MTC), or Municipal Circuit Trial Courts (MCTC).

2. The Mandatory Prerequisite: Barangay Mediation

Under the Katarungang Pambarangay Law (codified in the Local Government Code), almost all disputes between individuals residing in the same city or municipality must undergo mediation before reaching the courts.

The Process

Mediation (Tumitanda): The Punong Barangay attempts to settle the dispute.
Conciliation (Pangkat ng Tagapagkasundo): If mediation fails, a three-member panel is formed to help the parties reach an agreement.
The Result: * If a settlement is reached, it has the force of a court judgment after 10 days.

If no settlement is reached, the Barangay Secretary issues a Certificate to File Action.

Note: Without this Certificate, the court may dismiss the case for "lack of cause of action" or "prematurity," unless the case falls under specific exceptions (e.g., parties reside in different cities, or the dispute involves urgent provisional remedies).

3. Essential Elements for Filing

To succeed in an unlawful detainer suit, the plaintiff must prove:

Initial Lawful Possession: The defendant originally stayed there by contract or tolerance.
Termination of Right: Possession became illegal due to a lease expiration or violation.
Demand to Vacate: The lessor made a demand to pay and/or vacate the premises.
Filing within One Year: The action was brought within a year of the last demand letter.

4. The Demand Letter Requirement

Before filing in court, the owner must serve a formal demand letter to pay and vacate. This is not just a courtesy; it is a jurisdictional requirement under Rule 70 of the Rules of Court.

The demand must be served personally, by registered mail, or by posting it on the premises if no person is found there.
The tenant typically has 5 days (for houses) or 15 days (for land) to comply before the owner can proceed with the legal complaint.

5. Summary Procedure

Unlawful detainer cases are governed by the Rules on Summary Procedure. This is designed to be a "fast track" process:

No Trial (Generally): Decisions are usually based on position papers and affidavits rather than lengthy oral testimonies.
Prohibited Pleadings: You cannot file motions for extensions of time, motions to dismiss (except for lack of jurisdiction), or petitions for certiorari against interlocutory orders.
Immediate Execution: If the court rules in favor of the plaintiff, the judgment is immediately executory. To stay the execution during an appeal, the defendant must file a supersedeas bond and deposit the back rentals with the court.

6. Common Defenses

Defendants often argue "Tolerance" or "Ownership" to delay the process. However, the Supreme Court has repeatedly ruled that the only issue in an ejectment case is physical or de facto possession, not the legal title or ownership of the property.

Would you like me to draft a template for a Formal Demand to Vacate or a Verified Complaint for Unlawful Detainer?