| FORCIBLE ENTRY | UNLAWFUL DETAINER | |
| How is possessed | Possession of land or building by means of force, intimidation, threat, strategy, or stealth. (FITSS) | one unlawfully withholds possession thereof after the expiration or termination of his right to hold possession under any contract, express or implied. |
| Illegality | illegal from the beginning | the possession was originally lawful but became unlawful by the expiration or termination of the right to possess |
| Entry | Illegal | Legal |
| Filing/Prescriptive period | 1 year from actual possession | 1 year from the last demand to vacate |
| Essential Element | Prior physical possession of the petitioner in the property |
As discussed in the case: Ten Forty Realty Dev Co vs. Cruz
English