Scenario: You permitted someone to stay on your property for free out of goodwill. Now, they refuse to leave after you asked them to. What legal action can you take?

There are two main types of ejectment cases and these are Forcible Entry and Unlawful Detainer.

 

The Rules of Court outlines the procedure for recovering physical or material possession of a real property (land or building) when another person has unlawfully withheld or taken it.

 

Under Rule 70, Section 1, a party may file a complaint for forcible entry or unlawful detainer “at any time within one (1) year after such unlawful deprivation or withholding of possession, … against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession.”

The very nature of an action for Unlawful Detainer denotes that the plaintiff is not in actual physical possession of the land or building, as this element is only indispensable in an action for forcible entry. Prior physical possession is not required for the plaintiff in an Unlawful Detainer case which is often confused with forcible entry.

 

As to timeframe, an ejectment case like Unlawful Detainer must be filed within one (1) year from the unlawful deprivation of possession and is counted from the date of the last demand to vacate.  

 

This case falls under the exclusive original jurisdiction of the first-level courts (Metropolitan Trial Courts, Municipal Trial Courts, or Municipal Circuit Trial Courts). It is a summary proceeding designed to quickly restore possession to the rightful party without getting entangled in complex questions of ownership.

 

A registered owner can legally eject any illegal occupant or squatter at any time, as their rights are imprescriptible and generally cannot be defeated by another person’s prolonged, unauthorized physical occupation.

If an occupant had prior physical possession of the land or building, the registered owner cannot simply use force or intimidation to throw them out. The owner must still go to court to file the proper legal action to enforce their constructive possession.

 

Has someone refused to vacate your property despite repeated demands?

 

Whether the occupant is a tenant, relative, former employee, or another individual who initially occupied the property with your permission, determining the proper legal remedy requires careful evaluation of the facts and applicable procedural rules.

 

NARP LAW assists landowners, property owners, and businesses in ejectment cases, property disputes, and civil litigation throughout the Philippines.

 

For more information, you may contact us at info@narplaw.com or at +639063731095.