Unlawful Detainer: Meaning in Philippine Law

Rule 70, Section 1 of the Rules of Court lets a lessor, vendor, vendee or other person go to court when possession of land or a building "is unlawfully withheld after the expiration or termination of the right to hold possession, by virtue of any contract, express or implied". The case must be brought "at any time within one (1) year" in the proper Municipal Trial Court. For leases, Article 1673 of the Civil Code lists grounds to eject a lessee, such as an expired lease, unpaid rent or a violated condition.

In Spouses Valdez v. Court of Appeals (2006), the Supreme Court explained the key point: in unlawful detainer, "possession of the defendant is originally legal but became illegal due to the expiration or termination of the right to possess." The one year runs "from the date of last demand".

In forcible entry, the occupant got in by force, intimidation, threat, strategy or stealth, so the possession was illegal from day one. In unlawful detainer, it became illegal only later. See Forcible entry vs unlawful detainer.

Valdez adds that a case based on tolerance needs tolerance from the very start of the stay. If more than one year has passed, the case is no longer unlawful detainer but an accion publiciana, an ordinary civil case to decide who has the better right of possession.

• A demand. For a lessor, Rule 70, Section 2 requires a demand to pay or comply with the lease and to vacate. The case may be filed only if the tenant does not comply within 15 days for land or 5 days for buildings, unless the lease says otherwise.
• Barangay conciliation, when it applies. Under Rule 70, Section 12, a case that needed barangay conciliation first is dismissed without prejudice if there is no showing that it was done. See Do I need to go to the barangay first?.
• Rent control, for covered units. If the unit is covered by the Rent Control Act, Section 9 of Republic Act No. 9653 limits the grounds for ejectment. For example, unpaid rent is a ground there only when the arrears total three months.

Made-up illustration: Tony rents an apartment to Mae month to month. Mae stops paying. Tony gives her a written demand to pay and leave. Mae does not comply within 5 days. Tony may file unlawful detainer in the Municipal Trial Court within one year from his last demand, after barangay conciliation if it applies. For a covered unit, the Rent Control Act grounds must also be met. For the steps, see How to evict a tenant who will not leave.