RULE 70: Forcible Entry and Unlawful
Detainer publiciana or accion reivindicatoria.
Actions to recover possession of real
property:
1. accion interdictal- is the summary
action for forcible entry or unlawful
detainer
2. accion publiciana- is a plenary action
for recovery of the right to possess, when
the dispossession has lasted for more
than one year
3. accion reivindicatoria- is an action that
seeks the recovery of ownership and
includes the jus possidendi.
Court with jurisdiction over accion
interdictal: Within the exclusive and
original jurisdcition of the Municipal Trial
Court.
Forcible Entry, which is an action to
recover possession of a property form
the defendant whose occupation thereof
is illegal from the beginning since he
acquired the possession by force, threat,
strategy or stealth.
Unlawful Detainer, which is an action for
recovery of possession from the
defendant whose possession of the
property was inceptively lawful by virtue
of a contract with the plaintiff, but became
illegal when he continued his possession
despite the termination of his right
thereunder
 When the complaint fails to aver
facts how entry was effected, the
remedy should either be an accion
 The proceeding in the forcible entry
and unlawful detainer actions are
summary in nature , they are both
under the Rules on Summary
procedure regardless of the amount
of damages sought to be recovered.
 The main issue in accion interdictal is
the possession, it does not bind the
title or ownership.
 Physical possession in forcible entry
is not only by material occupation but
also by the fact that a thing is subject
to the action of one’s will or by
juridical acts such as donation,
succession.
 Nature of the entry is to be
considered because based from the
jurisprudence if the entry is illegal the
action which should be filed is forcible
entry. If, howeverm the entry is legal
but the possession thereafter
becomes illegal the case is unlawful
detainer.
 Allegations required: In focible
entry, the plaintiff must allege in the
complaint that he was in prior physical
possession until he was deprived by
any of the means mentioned. The one
year perio within which to file the
action is counted from date of actual
entry in the land
 In unlawful detainer, there must be
an allegation as to how the
possession of the defendant started
and that he held the possession of the
land after the expiration of the
contract. Demand to vacate is
necessary as a rule and within one
year from the last demand on
defendant to vacate the property, the
plaintiff may institue the complaint for
ejectment.
 While tolerance is lawful, such
possession becomes illegal upon
demand to vacate by the owner and
the possessor by tolerance refuses to
comply with such demand. This rule
on tolerance does not hold true in a
case where there was forcible entry at
the start
 Forcible Entry and unlawful detainer
are real actions since they affect
possession of real property. The
venue is where the property subject of
the action is situated.
 They are also in personam because
the plaintiff seekd to enforce a
personal obligat6ion of the defendant
to vacate the property and to restore
physical possession.
 Who may institute: by any
person(natural or juridical), lessor,
vendor, or any person against whom
unlawfully withheld.
 A pending action involving ownership
of the subject property does not bar
the filing of an ejectment suit nor
suspend the proceedings of one
already instituted.
 Judical action is not necessary when
the parties stipulate that lessor can
repossess the leased property
extrajudicially from a lessee whose
lease contract has expired. (Republic
v Peralta)
 Demand in unlawful detainer
cases: Mere failure of the occupant to
pay rentals does not ipso factro
render his possession unlawful. It is
the demand to vacate and refusal to
do so which makes the possession
unlawful. It may be oral or written
notice served upon the person found
in the premises or posting the written
notice.
 When right to commence the
action arises: if the lessee fails to
comply with the requisite demand
after 15 days in the case of land of 5
days in case of buildings.
 When demand is not necessary in
unlawful detainer cases:
1. There is a stipulation dispensing
the demand
2. The ground for the suit is based on
expiration of the lease
 Tacita reconduccion, or implied new
lease if it is shown that: a) the term of
the original contract lease has
expired; b) The lessor has not given
the lessee a notice to vacate; c) the
 lessee continued enjoying the thing
lease for 15 days with acquiescence
of the lessor
 There is no umnlawful detainer in a
case of Tacita reconduccion.
 Answer to the complaint is within 10
days from service of summons and
affirmative and negative defenses not
pleaded in the answer shall be
deemed waived, except lack of
jurisdiction over the subject matter.
 If the defendant fails to answer the
complaint within the priod provided,
the court motu proprio or on motion of
the plaintiff, shall render judgment as
may be warranted by the facts alleged
in the complaint and limited to what is
prayed for.
 Defense of Tenancy: mere assertion
of tenancy as a defense does not ipso
facto deprive the court of jurisdiction
over an ejectment case.
 Sec. 16 of Rule 70, when the
defendant raises the defense of
ownership in his pleadings and the
question of possession cannot be
resolved without deciding the issue of
ownership, the issue of ownership
shall be resolved only to determine
the issue of possession.
 The judgment rendered in forcible
entry and unlawful detainer shall be
conclusive with respect to the
possession only and shall not bind the
title or affect ownership.
 In case , a conciliation is required and
it was not followed, the case shall be
dismissed.
 Pleadings allowed:a) complaint; b)
compulsory counterclaim; c) cross
claim pleaded in the answer d)
answers.All pleading shall be verified.
 Prohibited pleadings: a) reply, third
party complaint and pleadings in
intervention; b) motions for bill of
particulars, new trial, reconsideration,
reopening of trial, extension of time,
extensions, motion to dismiss with
exceptions; c) petition for certiorari,
mandamus, prohibition
 Preliminary Injunction: A possessor
deprived of his possession through
forcible entry or unlawful detainer
may within 5 days from the filing of the
complaint, file a motion in the same
action for the issuance of a writ of
preliminary mandatory injuction to
restore him in his possession. The
writ of preliminary injunction is also to
prevent further acts of disposession.
 Preliminary Injunction when case is
on appeal to the RTC a) defendant’s
appeal is frivolous; b) plaintiff’s
appeal is prima facie meritorious.
 Judgment shall be for the a)
restittution of the premises; b)
payment of the sum justly due as
 arrears of rent or as reasonable
compensation for the use and
occupation of the premises,
attorney’s fees and costs.

 The judgment shall be immediately

executory to avoid injustice to a lawful
possessor.

 How to stay immediate execution

of the judgment:
a) Perfect an appeal
b) File a supersedeas bond to pay
c) Deposit periodically with the RTC

All the requisites must concur.

Persons bound by the judgment in

ejectment cases: As a rule, the
judgment in an ejectment case is binding
only upon the parties properly impleaded
and given an opportunity to be heard.
The exception is that it may be binding
to those people not impleaded such as
squatter, co-lessee, sublessee, member
of the family of the defendant.