In Philippine law, ejectment (accion interdictal) is a summary legal action used to recover the physical or material possession (possession de facto) of real property. It does not definitively resolve issues of ownership.
Ejectment comprises two distinct causes of action:
- Forcible Entry (detentacion): This applies when someone is deprived of possession through force, intimidation, strategy, threat, or stealth (FISTS). In this case, the defendant’s possession is considered illegal from the very beginning.
- Unlawful Detainer (desahucio): This applies when a person’s initial possession of the property was lawful (such as through a lease contract or by mere tolerance of the owner) but becomes illegal because their right to possess has expired or been terminated, and they unlawfully withhold the property.
Both of these actions must be filed in the Municipal Trial Court (MTC) within one (1) year. For forcible entry, the one-year prescriptive period is counted from the date of actual entry, or from the date of discovery if the entry was done through stealth. For unlawful detainer, the period is counted from the date of the last demand to vacate the premises.
Forcible Entry
Forcible entry is a specific type of ejectment suit where a person is deprived of the physical possession of real property through force, intimidation, strategy, threat, or stealth. Because the entry is accomplished through these unlawful means, the occupant’s possession is considered illegal from the very beginning.
To succeed in a forcible entry claim, ownership is not the main issue. You simply must prove two essential things: (1) you had prior physical possession of the property, and (2) you were unlawfully ousted by the defendant.
Proving “prior physical possession” in court
To prove prior physical possession in court, you must present evidence of overt acts showing that you exercised actual control or dominion over the property. Common types of evidence include:
- Tax Declarations and Receipts: While paying realty taxes does not conclusively prove ownership, it is a strong indicator of possession because people do not typically pay taxes for property they do not possess.
- Valuable Improvements: Evidence that you built structures, such as a residential house or a hut, or that you installed fences around the boundaries.
- Cultivation of the Land: Proof of active and regular maintenance, such as planting fruit-bearing trees, cultivating crops, or harvesting produce.
- Witness Testimonies: Statements from knowledgeable individuals, such as caretakers or long-time neighbors, who can confirm your physical presence and activities on the land.
- Juridical Acts: The execution and registration of public instruments or deeds related to the property.
Unlawful Detainer
Unlawful detainer happens when a person’s initially lawful possession of a property becomes illegal because their right to possess it has ended, but they refuse to leave.
To succeed in an unlawful detainer case, you must prove the following four elements:
- The defendant initially possessed the property legally, such as through a lease contract or by the owner’s mere tolerance.
- This possession became illegal after the plaintiff notified the defendant that their right to possess had ended.
- The defendant remained on the property and deprived the owner of its use.
- You filed the complaint within one year from your last demand for the defendant to vacate the premises.
If the one-year period to file this summary ejectment suit has already passed, the alternative remedy to recover possession is accion publiciana which is no longer an ejectment suit.
