RULE 70: FORCIBLE ENTRY AND UNLAWFUL DETAINER

Definition: also known accion interdictal; summary action instituted to recover

physical possession (possession de facto) of any land or building deprived through
fraud, intimidation, stealth, threat, and strategy (FISTS).
Distinguished from Unlawful Detainer
Unlawful Detainer
Possession is lawful from the
beginning
Possession becomes unlawful from
the expiration of contract or a right
to hold possession
Prior physical possession need not be
proven

Forcible Entry
Possession is unlawful from
beginning
Possession is deprived from
lawful possessor thru FISTS

the
the

Allegation and proving prior physical

possession of the real property until
he was deprived thereof

Distinguished from Accion Publiciana

Accion Publiciana
Recovery of possession de jure
Instituted after 1 year from unlawful
dispossesion
Mode of dispossesion through means
other than FISTS

Forcible Entry
Recovery of possession d facto
Instituted within 1 year from unlawful
dispossesion
Mode of dispossesion through FISTS

Section 1: Who, when and where to institute action

- any person who:
1. Deprived of possession of any land or building by FISTS
2. Lessor, vendee or other person against whom possession of land is
unlawfully withheld upon the expiration of any contract or the expiration of
any right to hold possession (unlawful detainer)
- must be instituted:
1. Within 1 year from date of dispossession
2. In cases of fraud, strategy and stealth, 1 year reckoned from the date of
discovery of such
- action should be filed in:
Municipal Trial Court where the real property is situated.
Section 2: Necessity of demand
- the action may only be commenced after demand to pay & vacate the premises
is made upon the lessee, or upon any person found to be in possession of the
premises in dispute
- service of demand:
1. Written notice upon the person found in the premises
2. By posting the notice on the premises if no person is found
- significance of demand:

Prescriptive period of 1 year may only be reckoned from the date that
demand is made

- multiple demands:
The one-year period for filing of the complaint is reckoned from the date of
the last demand
Section 3: Summary Procedure (Section 4, Section 5, Section 11, Section
13)
- shall be governed by rules of summary procedure
- exceptions:
1. Cases covered by Agricultural Tenancy Laws
In cases that the defendants, raises the defense of agricultural tenancy
in an ejectment case, the trial court may receive and hear evidence for
the sole purpose of determining whether it possesses jurisdiction over
the case.
2.

Law otherwise provides

Section 6: Answer, when to file

- within 10 days from the receipt of the copy of the complaint
- considerations:
General Rule: Negative and affirmative defenses not alleged are deemed
waived
Exception: lack of jurisdiction over the subject matter

Section 7: Effect of failure to answer

- the court, upon motion or motu proprio, shall render judgment in favor of the
plaintiff and in accordance to the reliefs prayed
- the court may reduce the amount of damages claimed if found to be excessive and
unconscionable

Section 8: Preliminary Conference (Section 9)

- within 30 days after the last answer is filed, a preliminary conference shall be held
- effect of failure to appear:
If plaintiff fails to appear: cause for the dismissal of his complaint; defendant
who appears shall be entitled to the judgment on his counterclaim

If defendant fails to appear: (f sole defendant) shall be entitled to his claim

- within 5 days from the termination of the preliminary conference, the court shall
issue an order stating the salient points taken during the preliminary conference,
which includes, but not limited to:
a) Arrival at an amicable settlement
b) The admissions of facts
c) Whether judgment on pleadings may be effected

d)

Other matters for expediency

Section 10: Submission of affidavits an position papers

- within 10 days from receipt of order mentioned in Section 9.

Section 11: Rendition of judgment (Section 17, Section 18 & Section 19)
- judgment will be rendered within 30 days from receipt of affidavits and position
papers, either in favor of the defendant or the plaintiff
- if defendant raises the defense of ownership in forcible entry case:
Jurisdiction will not be affected; decision the issue of ownership shall only be
resolved in order to determine the issue of possession
Consideration: if the question of possession cannot be resolved without
resolving the issue of ownership
xxx judgment shall only be conclusive with respect to the possesion only and
shall in no wise bind the title or affect ownership of the land or building xxx
shall not bar an action between th same parties respecting the title to the
land or building
- execution of judgment:
General Rule: execution shall issue immediately (ministerial duty of the
court)
Exceptions: (concurrent) which results to the stay of execution
a) An appeal has been perfected by the defendant
b) Filing of supersedeas bond
c) Periodic deposits of the rental or reasonable compensation for the use
and occupancy of the property during the pendency of appeal
- effect of failure to comply with any of the requisites for the stay of execution:
Appellate court shall issue an order of execution of judgment with respect to
restoration of possesion
- recoverable damages:
1. Rents
2. Reasonable compensation of the use and occupation of the premises
3. Fair rental value of the property
Section 20: Preliminary mandatory injunction
- upon motion 10 days from the perfection of an appeal, RTC may issue a writ of
preliminary mandatory injunction to restore the plaintiff in possession.
Section 21: Immediate execution on appeal to CA and SC
- immediately executory without prejudice to further appeal