Lex Rex Ph

Forcible entry vs. Unlawful Detainer

FORCIBLE ENTRYUNLAWFUL DETAINER
How is possessedPossession 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.
Illegalityillegal from the beginningthe possession was originally lawful but became unlawful by the expiration or termination of the right to possess
EntryIllegalLegal
Filing/Prescriptive period1 year from actual possession1 year from the last demand to vacate
Essential ElementPrior physical possession of the petitioner in the property
Separate and distinct actions against De Facto Possession

As discussed in the case: Ten Forty Realty Dev Co vs. Cruz

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