FORCIBLE ENTRY AND UNLAWFUL DETAINER

RULE 70

ACTIONS TO RECOVER POSSESSION OF REAL PROPERTY

Accion interdictal (ejectment) Accion publiciana (recovery of the right to possession Accion reivindicatoria (recovery of possession and ownership)

Forcible entry(FE) and unlawful detainer(UD) involves the issue on the right of physical or material possession of the subject real property independent of the claim of ownership

FE and UD, distinguised

FE- possession of land is unlawful from the beginning due to force, intimidation, threat, strategy or stealth (FISTS) while in UD, possession of defendant is lawful at the start but becomes illegal by reason of termination of right of possession FE- no requirement of previous demand to vacate while in UD, demand is jurisdictional

FE- plaintiff must prove that he was in prior physical possession until he was deprived thereof by defendant while in UD, no need to prove the same FE- filed within one year period counted from date of actual entry or when plaintiff learned thereof while in UD, within one year period from date of last demand or notice to quit or revocation of permit

Possession in the eyes of the law does not mean that a man has to have his feet on every sqm of the ground before he is deemed to be in possession Where there is a claim of ownership and the action seeks to recover ownership from the defendant, the action is no longer interdictal but accion reivindicatoria

Demand may either be: Pay AND vacate; OR Comply with the conditions of the lease AND vacate

Prior demand in UD not required

When purpose of action is to terminate lease because of expiry of the term Defendant is not a tenant but a pure intruder

In all other cases, there must be a demand To pay or to comply with the conditions of the lease AND TO vacate by written notice on the person in the premises or by posting such notice on the premises if no person is found are conditions precedent to the filing of the case; oral demand not permitted If demand is alternative, not a demand contemplated by the Rules Demand is made personally, posting, substituted service or registered mail

FE and UD are real actions, venue is in the place where the property is located FE and UD are also actions in personam because the plaintiff seeks to enforce a personal obligation to vacate the property and restore physical possession Jurisdiction, lower court of limited jurisdiction Proceedings are summary in nature

If demand is not complied with after 15 days in the case of land or 5 days in the case of buildings, the lessor may not proceed against the lessee (sec 2)

Pleadings allowed
Complaint Compulsory counterclaim Cross-claim Answers thereto

Action on Complaint

Court may dismiss the case outright if any ground for dismissal of a civil action is apparent or issue summons if no ground is apparent

Answer must be filed within 10 days from service of summons Answer to counterclaims and cross-claims shall be served and filed within 10 days from service of the answer in which they are pleaded

Failure to file answer court may muto proprio or on motion, render judgment as maybe warranted by the facts alleged in t complaint and limited only to what is prayed therein Preliminary conference is held not later than 30 days after the last answer is filed Failure of plaintiff to appear, complaint is dismissed; failure of defendant to appear, plaintiff is entitled to judgment

Within 30 days after receipt of the affidavits and position papers, or expiration of the period for filing the same, the court shall render judgment During this period, the court may issue an order specifying the matters to be clarified and require parties to submit affidavits or other evidence on the matter within 10 days from receipt of order, judgment 15 days after receipt of last affidavit or expiration of the period Court shall not resort to this to gain time for the rendition of judgment

Judgment against the defendant is immediately executory, except the concurrence of the ff: Defendant files an appeal Defendant files sufficient supersedeas bond/ Defendant deposits with the court the amount of rent due from time to time under the contract(reasonable value if there is no contract)

EJECTMENT CASES not barred by the following actions: Injunction Consignation of rentals Accion publiciana Writ of possession case Quieting of title Specific performance with damages Reformation of instrument Reconveyance of property Annulment of sale, title or document

Upon motion of plaintiff, within 10 days from the perfection of appeal to RTC, the latter may issue a writ of preliminary mandatory injunction to restore the plaintiff in possession if the court is satisfied that defendants appeal is frivolous or dilatory (note: within 5 days from filing of complaint) Immediate execution on appeal to CA or SC

Persons bound by judgment in ejectment cases

As a rule, only the parties to it because it is a personal action, EXCEPT Sublessee A guest or successor in interest, members of the family of lessee or his servants and employees Trespassers, squatters or agents of the defendant fraudulently occupying the property to frustrate the judgment Transferees pendente lite and other privies of the defendant