here’s a practitioner-grade legal explainer on Unlawful Detainer: Summons Served, No Answer Filed — Consequences in the Philippines. it’s written for landlords, tenants, property managers, and counsel. general information only—not legal advice.

1) quick primer: what is “unlawful detainer”?

Unlawful detainer (UD) is an ejectment case under Rule 70 of the Rules of Court. It’s filed in the Metropolitan/Municipal Trial Court (MeTC/MTC) when a person lawfully entered the property (e.g., as lessee/occupant) but continues to possess it after the right has expired or been terminated (e.g., the lease ended or was validly cancelled) and despite demand to vacate.
Relief sought: restitution of possession (eviction), unpaid rentals/damages, attorney’s fees, and costs. Title ownership is not adjudicated (only possession de facto), though the court may look at title provisionally to resolve who has the better right to physical possession.

2) where and how UD is filed (venue & prerequisites)

Venue: MTC/MeTC where the property is located.
Prescriptive period: file within one (1) year from the last demand to vacate or from unlawful withholding of possession.
Barangay conciliation (Katarungang Pambarangay): required before suit if the parties are natural persons residing in the same city/municipality and the property is there, unless an exception applies (e.g., a party is a corporation, there’s urgent legal action against violence, etc.). Lack of prior conciliation can lead to dismissal (usually raised as a defense in the Answer).

3) summons & answer deadlines (summary procedure)

UD is governed by the Rules on Summary Procedure (streamlined litigation).

Service of summons

The court acquires jurisdiction over the person of the defendant through valid service of summons (personal, substituted, or other modes allowed by the amended rules). Defective service can render subsequent judgment void.

Answer period

The defendant must file a Verified Answer (with supporting documents and affidavits) within ten (10) calendar days from service of summons.
No extensions: Motions for extension to file an answer are prohibited under summary procedure.

What the Answer must contain

All defenses (factual and legal), including compulsory counterclaims; attach contracts/receipts/demands, and affidavits of your witnesses.

4) what happens if no answer is filed?

No “default” order, but nearly the same effect: under the summary-procedure rules, if the defendant fails to answer, the court may immediately render judgment as may be warranted by the allegations of the complaint and the plaintiff’s evidence/affidavits.
The court can proceed without a preliminary conference and without trial, because UD is document-driven.
Practical result: the plaintiff often obtains a swift eviction judgment, monetary awards (rentals, reasonable compensation for use, damages), and costs/fees based solely on the record.

Waiver of defenses

By not answering, the defendant waives most defenses (e.g., payment, renewal, lack of demand, improper venue, laches), and compulsory counterclaims may be barred.
Only non-waivable matters (e.g., lack of subject-matter jurisdiction, void judgment due to lack of valid summons/service, or fraud that prevented a party from participating) may still be attacked later through exceptional remedies.

5) judgment & execution (why UD moves fast)

Immediate execution as a rule: UD judgments are immediately executory upon motion, even if appealed, unless the defendant perfects an appeal and complies with the supersedeas requirements (see §6).
Writ of execution may issue for eviction and money awards (subject to supersedeas bond/deposits if on appeal). The sheriff can remove occupants and turn over possession to the plaintiff.

6) missed the answer—what remedies remain?

A) If judgment hasn’t been rendered yet

File the Answer ASAP and explain delay in a verified manifestation/motion. Some courts, in the interest of justice (especially with proof of defective service or excusable neglect), still admit a late Answer before judgment.

B) If judgment has been rendered

Appeal to the RTC (the proper remedy in summary procedure)
- Deadline: 15 calendar days from notice of judgment.
- To stay execution (prevent eviction during appeal), the appellant must:
  - (i) File a supersedeas bond approved by the MTC, typically covering rents/damages/costs adjudged up to judgment; and
  - (ii) Deposit monthly the current reasonable value of use and occupation (or contractual rent) as it falls due during the appeal, in the MTC.
- Failure to post the bond and make periodic deposits → execution proceeds despite the appeal.
Annulment or Relief from Judgment (exceptional)
- Lack of valid service of summons or lack of jurisdiction renders the judgment void — a collateral or direct attack may set it aside even out of time.
- Petition for relief from judgment and motions for reconsideration/new trial are generally prohibited in summary procedure; courts are strict. If resorted to, it’s only in highly exceptional, equitable circumstances (e.g., extrinsic fraud) and subject to tight time bars. The safer, regular path is appeal.
Stay vs. money awards
- Without the supersedeas bond and monthly deposits, execution of both possession and monetary portions typically goes ahead.

7) common tenant defenses (must be raised in the Answer)

No cause of action: possession isn’t unlawful (e.g., lease renewal, consent, or condonation).
No valid/adequate demand to vacate (or demand not properly served).
Prematurity: failure to undergo barangay conciliation when required.
Payments: rent was paid or consigned; landlord refused to accept.
Wrong plaintiff/venue: not the lessor/owner or wrong court.
Torrens-title issues: only incidentally relevant; title disputes belong to other actions, but can undercut the lessor’s better right to possession.
Defective summons/service (jurisdictional).

If you do not timely assert these in a verified Answer, you will likely lose them.

8) landlord playbook when no answer is filed

Move for judgment on the record under the summary-procedure rules (no default motion needed; a short motion with compliance proof helps).
Submit affidavits (e.g., lease officer/property manager), demand letters with proof of service, statement of account (rent, penalties, utilities), and computation of reasonable compensation for use and occupation.
After judgment, promptly move for execution. If the defendant appeals without bond/deposits, seek immediate execution.

9) timeline snapshot (typical)

Summons served → Day 0
Answer due → Day 10 (calendar days)
No answer → Court may render judgment on the pleadings/affidavits shortly thereafter
Notice of judgment → 15 days to appeal to RTC
To stay eviction during appeal → file supersedeas bond and start monthly deposits immediately
No bond/deposits → Writ of execution issues; eviction can proceed

10) money aspects

Back rentals/reasonable compensation: Court may award contractual rent or fair rental value for the period of unlawful withholding.
Damages & attorney’s fees: Often modest in UD; require proof.
Costs: Awarded to the prevailing party.
Supersedeas bond amount: Typically equals rents/damages/costs up to judgment.

11) special notes on summons defects

Improper service (e.g., no genuine efforts at personal service before substituted service; wrong person served; service at wrong address; no proof of attempts) means the court did not acquire jurisdiction → judgment is void and can be set aside.
If you learn of the case only after judgment, promptly consult counsel about annulment or other appropriate remedies, bringing proof of defective service.

12) prohibited pleadings in summary procedure (don’t waste time)

Motions to dismiss (except for lack of subject-matter jurisdiction)
Motions for bill of particulars
Motions for new trial or reconsideration
Petitions for relief from judgment (generally)
Motions for extension of time
Motion to declare in default (unnecessary and prohibited)
Memoranda, reply, third-party complaints, interventions

Implication: Answer on time and put everything in it; otherwise, the train leaves the station fast.

13) practical checklists

For defendants (tenants/occupants)

Calendar the 10-day Answer deadline the day you receive summons.
Draft a verified Answer with documents and affidavits; include all defenses & counterclaims.
If truly unable to answer (illness/defective service), file something before Day 10 explaining and attaching proof.
If judgment already issued, appeal within 15 days and, to stay eviction, post the bond and start monthly deposits immediately.

For plaintiffs (lessors/owners)

Ensure valid service of demand to vacate before filing.
Attach lease, proof of termination, SOA, demands & proof of service to the complaint.
If no Answer by Day 10, move for judgment on the record.
After judgment, move for execution unless the defendant both appeals and complies with supersedeas requirements.

14) FAQs

Q: I didn’t answer because I never got the summons. Can I still fight the case? A: Yes, if summons were not validly served, the judgment is void. You can seek to set it aside or use annulment; act immediately and bring proof.

Q: Can I file a motion for reconsideration to buy time? A: MRs are prohibited in summary procedure. Your regular remedy is an appeal within 15 days; to stay eviction, you need the supersedeas bond and monthly deposits.

Q: I appealed but didn’t post the bond. A: Execution proceeds. Appeal alone does not stop eviction in UD cases.

Q: We didn’t do barangay conciliation. Is the case void? A: If required and not done, it’s a defense that should be raised in the Answer. If you don’t answer, you likely waive it.

Q: Can I raise nonpayment or repairs issues later? A: If not in your Answer, they’re generally waived (except non-waivable issues like lack of jurisdiction).

bottom line

Once summons is validly served, you have 10 calendar days to file a verified Answer in unlawful detainer.
No answer → the court may render judgment on the record, leading to rapid eviction and money awards.
Appeal must be within 15 days, and execution continues unless you post a supersedeas bond and deposit monthly rentals.
Defenses not pleaded are waived; jurisdictional defects (like invalid service of summons) are the rare lifelines.

If you want, tell me whether you’re the landlord or tenant, when you received the summons/judgment, the rent amounts, and whether there was barangay conciliation—I’ll draft a tailored Answer/Appeal checklist and a timeline plan (with sample wordings) for your situation.