FORCIBLE ENTRY AND

UNLAWFUL DETAINER
RULE 70
 SPECIL CIVIL ACTION

• It is a real action which involves possession of real property.

• It is the only real action exclusively triable by the Municipal Trial Court.
 What are the possible actions to be filed in
court governing real property

• Accion Reinvindicatoria
• Accion Publiciana
• Accion Interdictal
 ACTION INTERDICTAL

• The issue is the right of physical or material possession of the subject real
property independent of any claim of ownership by the parties involved.
 FORCIBLE ENTRY

• One is deprived of physical possession of real property by means of force,

intimidation, strategy, threats, or stealth
 REQUISITES OF A VALID FORCIBLE ENTRY

• A person is deprived of possession of any land or building by force,

intimidation, threat, strategy, or stealth; and

• Action is brought within 1 year from the unlawful deprivation. (Sec. 1)

QUESTIONS TO BE RESOLVED IN AN ACTION
FOR FORCIBLE ENTRY

• Who has actual possession over the real property;

• Was the possessor ousted therefrom within one year from the filing of the
complaint by force, intimidation, strategy, threat or stealth; and
• Does the plaintiff ask for the restoration of his possession
 UNLAWFUL DETAINER

• One illegally withholds possession after the expiration or termination of his

right to hold possession under any contract, express or implied
 REQUISITES OF A VALID UNLAWFUL
DETAINER

• Possession of any land or building is unlawfully withheld from a lessor,

vendor, vendee, or other person after the expiration or termination of the
right to hold possession by virtue of any contract express or implied;
• Action is brought within 1 year after such unlawful deprivation or
withholding of possession; and
• Demand to pay or comply with the conditions of the lease and to vacate is
made upon the lessee. (Sec. 1)
 DISTINCTION BETWEEN FORCIBLE ENTRY
AND UNLAWFUL DETAINER
FORCIBLE ENTRY
Possession of the land by the defendant is
unlawful from the beginning
No previous demand for the defendant to
vacate the premises is necessary
The plaintiff must prove that he was in prior
physical possession of the premises until he was physical possession
deprived thereof by the defendant
The 1 year period is generally counted from the
date of actual entry on the land
UNLAWFUL DETAINER
Possession is inceptively lawful but it becomes
illegal by reason of the termination of his right
to the possession of the property under his
contract with the plaintiff.
Demand is jurisdictional if the ground is
nonpayment of rentals or failure to comply with
the lease contract.
The plaintiff need not have been in prior
The 1 year period is generally counted from the
date of actual entry on the land
Who may institute the action? (Sec. 1, Rule 70)

• A person deprived of the possession of any land or building by force, intimidation,

threat, strategy, or stealth, or a lessor, vendor, vendee, or
• Other person against whom the possession of any land or building is unlawfully
withheld after the expiration or termination of the right to hold possession, by
virtue of any contract, express or implied, or the legal representatives or
• Assigns of any such lessor, vendor, vendee, or other person, may, at any time
within one (1) year after such unlawful deprivation or withholding of possession
 PLEADINGS ALLOWED

• The only pleadings allowed to be filed are the complaint, compulsory

counterclaim and crossclaim pleaded in the answer, and the answers
thereto

• All pleadings shall be verified (Sec. 4, Rule 70).

 What action will the court make upon receipt
of the complaint?

• The court may, from an examination of the allegations in the complaint and
such evidence as may be attached thereto, dismiss the case outright on
any of the grounds for the dismissal of a civil action which are apparent
therein.
• If no ground for dismissal is found, it shall forthwith issue summons (Sec. 5,
Rule 70).
 PRELIMINARY INJUNCTION AND
PRELIMINARY MANDATORY INJUNCTION

• The court may grant preliminary injunction, in accordance with

the provisions of Rule 58, to prevent the defendant from
committing further acts of dispossession against the plaintiff.
 PRELIMINARY INJUNCTION AND
PRELIMINARY MANDATORY INJUNCTION
• A possessor deprived of his possession through forcible entry or unlawful
detainer may, within five (5) days from the filing of the complaint, present
a motion in the action for forcible entry or unlawful detainer for the issuance
of a writ of preliminary mandatory injunction to restore him in his
possession.
• The court shall decide the motion within thirty (30) days from the filing
thereof (Sec. 15, Rule 70).
 RESOLVING DEFENSE OF OWNERSHIP

• When the defendant raises the issue of ownership, the court may resolve the
issue of ownership only under the following conditions:
• When the issue of possession cannot be resolved without resolving the issue of ownership;
and
• The issue of ownership shall be resolved only to determine the issue of possession (Sec. 16).
 RESOLVING DEFENSE OF OWNERSHIP

• If the judgment of the MTC is appealed,

• the Regional Trial Court may issue a writ of preliminary mandatory injunction to
restore the plaintiff in his possession, upon motion of the plaintiff filed within ten (10)
days from the perfection of the appeal, if the court is satisfied that the defendant's
appeal is frivolous or dilatory or that the plaintiff's appeal is prima facie meritorious
(Sec. 20, Rule 70, Rules of Court).
 How is the execution of judgment stayed?
• Defendant must take the following steps to stay the execution
of the judgment:
• Perfect an appeal;
• File a supersedeas bond to pay for the rents, damages and costs
accruing down to the time of the judgment appealed from; and
• Deposit periodically with the RTC, during the pendency of the appeal,
the adjudged amount of rent due under the contract or if there be no
contract, the reasonable value of the use and occupation of the
premises (Sec. 19, Rule 70)
 PROHIBITED PLEADINGS AND MOTIONS

• Motion to dismiss the complaint except on the ground of lack of jurisdiction

over the subject matter, or failure to comply with section 12;
• Motion for a bill of particulars;
• Motion for new trial, or for reconsideration of a judgment, or for reopening
of trial;
• Petition for relief from judgment;
• Motion for extension of time to file pleadings, affidavits or any other paper;
PROHIBITED PLEADINGS AND MOTIONS

• Memoranda;
• Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the court;
• Motion to declare the defendant in default;
• Dilatory motions for postponement;
• Reply;
• Third-party complaints;
• Interventions