FORCIBLE ENTRY AND UNLAWFUL

DETAINER (RULE 70)

Should be filed within

1 year from ENTRY

Reported by Galang, Salazar, Jurial & Ferolino

FORCIBLE ENTRY consist of depriving a

person of the possession of land or building for a
period of time not exceeding one (1) year by
Force, Intimidation, Strategy, Threat, or Stealth
(FISTS).1
UNLAWFUL DETAINER consists in the
unlawful withholding by a person from from
another, for not more than 1 year, of possession
of any land or building after the expiration or
termination of the right to hold such possession
by virtue of a contract, express or implied.2
Accion
Reinvindica
toria

Accion
Publiciana

Accion
interdictal

An action for
the recovery
of
ownership,
which
necessarily
includes
recovery of
possession.

A
plenary
action for the
recovery of real
right
of
possession
when
the
dispossession
has lasted for
more
than
one (1) year.

Summary action
for the recovery
of
physical
possession where
the dispossession
has not lasted
for more than
one (1) year.

FORCIBLE ENTRY VS. UNLAWFUL DETAINER

Forcible Entry
Deprivation of physical
possession of land and
building is effected
through FISTS

Unlawful Detainer
Unlawful withholding of
possession is made after
the
expiration
or
termination of the right
to
hold
possession
under any contract

Possession is unlawful
from
the
very
beginning

Possession
became
unlawful because of the
termination of a right

Formal demand NOT

required

Formal demand to PAY

and
VACATE
is
REQUIRED

Prior possession must

be proven

Prior
possession
necessary3

1
2
3

Tenerio vs. Gamboa, 81 Phil 55

Torres vs. Ocampo, 80 Phil 36
Maddammu vs. Sanchez, el. al., 74 Phil 230 (1943)

not

Should be filed within 1

year from the LAST
DEMAND

ACCION
INTERDICTAL
PUBLICIANA
ACCION
INTERDICTAL
Under
summary
proceedings

VS.

ACCION

ACCION PUBLICIANA
Ordinary civil action

Recovery of possession
de facto

Recovery of possession
de jure

Municipal
ONLY

If value of property
P20,000 = MTC

Trial

Court

If value of property >

P20,000 = RTC
Within 1 year
unlawful entry

from

Any
time
before
ownership of other real
rights
of
the
real
property involved are
lost
by
acquisitive
prescription

ISSUE
The sole issue in forcible entry is WHO
HAS THE BETTER RIGHT TO POSSESS THE
PROPERTY INVOLVED.
PURPOSE
Forcible entry and unlawful detainer cases
are summary proceedings designed to provide an
expeditious means of protecting actual
possession or right possession of property.4
WHEN TO FILE
For FORCIBLE ENTRY, Within ONE (1)
YEAR from the time of ENTRY. If through
STEALTH, within 1 year from demand to vacate
upon learning of the entry5.
For UNLAWFUL DETAINER, WITHIN 1
YEAR from the last demand.
WHERE TO FILE
ONLY on the Municipal Trial Court.
WHO MAY BRING AN ACTION

Salandanan vs. Sps. Mendez, GR No. 160280, March 13,

2009
Elane vs. CA, GR No. 80638, April 26, 1989

Page 2 of 5
FORCIBLE ENTRY RULE 70
Reported by Galang, Salazar, Jurial & Ferolino
x-----------------------------------------------------------------------/

For FORCIBLE ENTRY:

1) ANYONE who had prior possession of

any land or building and was deprived
of such by FISTS;

For UNLAWFUL DETAINER:

1)
2)
3)
4)

Landlord;
Vendor;
Vendee;
Other person deprived of possession
of any land or building;
5) Legal representatives or assigns of
1-4

ALL pleadings shall be VERIFIED.

WHEN TO FILE AN ANSWER AND ANSWER
TO THE CROSS-CLAIM AND COUMPULSORY
COUNTERCLAIM7
Answer - Within TEN (10) DAYS from
the service of summons.
Answer
to
cross-claim
and
counterclaim Within 10 DAYS from service of
answer in which it was pleaded.
NOTE:

Affirmative and negative defenses

PLEADED shall be deemed WAIVED.

NOT

Cross-claims and compulsory counterclaim

NOT asserted shall be considered BARRED.

WHAT TO ALLEGE IN THE COMPLAINT

For FORCIBLE ENTRY:
1) Plaintiff had prior physical possession
of the property;
2) Defendant had deprived the plaintiff of
such possession;
3) The facts that shows how and when
entry was effected by means of FISTS.
For UNLAWFUL DETAINER:
1) Initially, defendant was in legal
possession of the property, by contract
with or by tolerance of the plaintiff;
2) The right of the defendant to remain in
possession of the property was
terminated and became illegal or
unlawful upon notice by the plaintiff;
3) Demand to pay and to vacate was
made by the plaintiff to the defendant;
4) Defendant refused to pay and to
vacate the premises;
5) Complaint was filed within 1 year from
last demand.
PLEADINGS ALLOWED6
1) Complaint;
2) Compulsory counterclaim and crossclaim pleaded in the answer; and
3) Answer thereto.

Section 4, RULE 70

FAILURE TO ANSWER8
The court, motu proprio, or on motion of
the plaintiff, shall render judgment:
1) As may be warranted by the facts
alleged in the complaint; and
2) Limited to what is prayed therein.
WHEN
DO
PARTIES
APPEAR
FOR
PRELIMINARY CONFERENCE (PRECON)9
Not later than THIRTY (30) DAYS after
the last answer is FILED.
NOTE: Rule 18 applies in the precon, unless
inconsistent with the provision of this Rule.
FAILURE OF PLAINTIFF TO APPEAR IN THE
PRECON10
Complaint
DISMISSED.

and

cross-claim

are

Defendant who is present is entitled to

judgment on his counterclaim.
FAILURE OF DEFENDANT TO APPEAR IN THE
PRECON11

Section 6, RULE 70
Section 7, RULE 70
9
Section 8, RULE 70
10
Ibid.
11
Ibid.
8

Page 3 of 5
FORCIBLE ENTRY RULE 70
Reported by Galang, Salazar, Jurial & Ferolino
x-----------------------------------------------------------------------/

If ONLY 1 DEFENDANT, judgment shall be

rendered s may be warranted by the facts alleged
in the complaint and Limited to what is prayed
therein.
NOTE: This is not applicable when there are 2 or
more defendants sued under the same cause of
action with common defense, who appeared.
ORDER AFTER PRECON12
Within 5 days, the court shall issue an
order with regards to:
1) Terms of the amicable settlement, if
parties had arrived to
2) Stipulations or admissions;
3) Whether the basis of the pleadings and
the
stipulations
and
admissions,
judgment may be rendered without
the need of further proceedings, in
which event the judgment shall be
rendered within thirty (30) days from
issuance of the order;
4) A clear specification of material facts
which remains controverted;
5) Such other matters intended to
expedite the disposition of the case;

WHEN DOES JUDGMENT RENDERED

Within THIRTY (30) DAYS from receipt
of the affidavits and position papers. OR
The EXPIRATION of the period for
filing.
WHEN COURT ISSUE AN ORDER FOR
CLARIFICATION
Parties shall submit affidavits or other
evidences on the said matter within 10 DAYS
from receipt of said order.
Judgment shall be rendered within 15
DAYS after receipt of the last affidavit and
evidences. OR
EXPIRATION of the period for filing.
EFFECT OF NON-COMPLAINCE OF
REQUIREMENT FOR CONCILIATION
Dismissal
prejudice.

of

the

complaint

THE

without

Complaint may be revived ONLY after the

requirement shall be complied with.
WHEN
TO
SUBMIT
POSITION PAPERS

AFFIDAVITS

AND

Within TEN (10) DAYS from receipt of

the order.
WHAT SHOULD
AFFIDAVITS

BE

INCLUDED

IN

THE

State the facts of DIRECT PERSONAL

KNOWLEDGE of the affiants which are
admissible in evidence.
Competence of the affiants to testify.
NOTE: Violation may subject the party or the
counsel to:
1) Disciplinary action;
2) Such affidavits shall be expunged or
portion thereof from the record.
12

Section 9, RULE 70

PROHIBITED PLEADINGS AND MOTIONS

1) Motion to dismiss the complaint,
except on the ground of lack of
jurisdiction over the subject matter, or
failure to comply with section 12;
2) Motion for bill of particulars;
3) Motion for new trial;
4) Motion for reconsideration of a
judgment;
5) Motion for reopening of trial
6) Petition for relief of judgment;
7) Motion for extension of time to file;
8) Memoranda;
9) Petition for certiorari, mandamus, or
prohibition against any interlocutory
order;
10)Motion to declare the defendant in
default;
11)Dilatory motions for postponement;
12)Reply;
13)Third-party complaints;

Page 4 of 5
FORCIBLE ENTRY RULE 70
Reported by Galang, Salazar, Jurial & Ferolino
x-----------------------------------------------------------------------/

14)Interventions.
GRANT OF PRELIMINARY INJUNCTION
May be granted in accordance of RULE 58.
To prevent the defendant from committing
further acts of disposition against the plaintiff.
Plaintiff may, within 5 DAYS from the
filing of the complaint, present a motion in the
action for the issuance of a writ of preliminary
mandatory injunction to restore him in his
possession.
Court shall render a decision on the
motion within 30 DAYS from the filing.
RESOLVING THE DEFENSE OF OWNERSHIP
The issue of ownership shall be resolved
ONLY
to
determine
the
issue
of
POSSESSION.
JUDGMENT
Conclusive
POSSESSION.

ONLY

with

respect

to

Shall NOT bind the title or affect the

ownership of the land or building.
Shall NOT BAR an action respecting title to
the land or building.
Judgment or order shall be APPEALABLE.
EXECUTION JUDGMENT
If
judgment
is
rendered
against
the
defendant, execution shall issue immediately

upon motion unless an appeal has been

perfected and the defendant to stay execution
files a sufficient supersedeas bond, approved
by the Municipal Trial Court and executed in favor
of the plaintiff to pay the rents, damages, and
costs accruing down to the time of the judgment
appealed from, and unless, during the
pendency of the appeal, he deposits with
the appellate court the amount of rent due
from time to time under the contract, if any, as
determined by the judgment of the Municipal Trial
Court. In the absence of a contract, he shall
deposit with the Regional Trial Court the

reasonable value of the use and occupation of the

premises for the preceding month or period at
the rate determined by the judgment of the lower
court on or before the tenth day of each
succeeding month or period. The supersedeas
bond shall be transmitted by the Municipal Trial
Court, with the papers, to the clerk of the
Regional Trial Court to which the action is
appealed.
All amounts so paid to the appellate court shall
be deposited with said court or authorized government
depositary bank, and shall be held there until the final
disposition of the appeal, unless the court, by
agreement of the interested parties, or in the absence
of reasonable grounds of opposition to a motion to
withdraw, or for justifiable reasons, shall decree
otherwise. Should the defendant fail to make the
payments above prescribed from time to time during
the pendency of the appeal, the appellate court, upon
motion of the plaintiff, and upon proof of such failure,
shall order the execution of the judgment appealed
from with respect to the restoration of possession, but
such execution shall not be a bar to the appeal taking
its course until the final disposition thereof on the
merits.
After the case is decided by the Regional Trial
Court, any money paid to the court by the defendant
for purposes of the stay of execution shall be disposed
of in accordance with the provisions of the judgment of
the Regional Trial Court. In any case wherein it appears
that the defendant has been deprived of the lawful
possession of land or building pending the appeal by
virtue of the execution of the judgment of the
Municipal Trial Court, damages for such deprivation of
possession and restoration of possession and
restoration of possession may be allowed the
defendant in the judgment of the Regional Trial Court
disposing of the appeal.

PRELIMINARY MANDATORY INJUNCTION IN

CASE OF APPEAL
Upon motion of the plaintiff, within ten
(10) days from the perfection of the appeal
to the Regional Trial Court, the latter may issue a
writ of preliminary mandatory injunction to
restore the plaintiff in possession if the court
is satisfied that the defendant's appeal is
frivolous or dilatory or that the appeal of the
plaintiff is prima facie meritorious.
IMMEDIATE EXECUTION ON APPEAL TO
COURT OF APPEALS OR SUPREME COURT
The judgment of the Regional Trial Court
against the defendant shall be immediately

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FORCIBLE ENTRY RULE 70
Reported by Galang, Salazar, Jurial & Ferolino
x-----------------------------------------------------------------------/

executory, without prejudice to a further appeal

that may be taken therefrom.