03/04/2023
โ๏ธโ๏ธโ๏ธ USAPANG LUPA. Nagapapaupa ka ba ng residential o commercial space? O pinahintulutan mo lang muna na mag stay ang tao sa property mo at papaalisin nalang kung itoy gagamitin mo na? Ngunit ang may itoy wala ng planong aalis? Alamin ano ang pwedeng gawinโ๏ธโ๏ธ
โ
WHAT IS EJECTMENT CASE?
Ejectment is a summary procedure that determines who has a better right to possess a property. It is a summary procedure because it is designed to quickly determine the issue of possession in order to maintain the peace in the community.
โ
SAAN E GILE ANG EJECTMENT CASES?
Ejectment cases are filed with the Municipal Trial Courts, Metropolitan Trial Courts, and Municipal Circuit Trial Courts.
โ๏ธIn ejectment cases, the issue of ownership can only be provisionally resolved for the purpose of determining who has the better right of possession. "Provisionally resolved" means that the resolution of the issue of who owns the property is not final and is only determined for the purpose of determining right of physical possession.
โ
There are 2 types of ejectment proceedings:
1) Unlawful Detainer and
2) Forcible Entry.
โ๏ธโ๏ธUnlawful Detainer
Unlawful detainer is the legal proceeding that should be taken if the person possessing the property (the "possessor") initially had a legal right to possess the property and the possession had become illegal for one reason or another. In other words, the possessor's possession started out as legal but it became illegal.
โ๏ธโ๏ธIn Perez vs. Lim (G.R. No. 211539, 17 October 2016), the Supreme Court held that the following should be present in a complaint for unlawful detainer:
"(a) Initially, the possession of the property by the defendant was by contract with or by tolerance of the plaintiff;
(b) Eventually, such possession became illegal upon notice by the plaintiff to the defendant about the termination of the latter's right of possession;
(c) Thereafter, the defendant remained in possession of the property and deprived the plaintiff of its enjoyment; and
(d) Within one year from making the last demand to vacate the property on the defendant, the plaintiff instituted the complaint for ejectment."
The "plaintiff" is usually the person who owns the property while the "defendant" is the person who is possessing the property.
โ
โ
Requisites for complaint for unlawful detainer
Below is an explanation of each of the factors that should be present in order to file a complaint for unlawful detention:
1. What is initial legal possession?
Initial legal possession means that the possessor started out with a legal right to possess the property such as (1) a contract, such as a residential lease or sublease agreement or a commercial lease agreement, wherein the possessor pays a consideration (such as money) to stay in the property or (2) the owner allowed the possessor to stay in the property for free (without consideration).
In the second case, there is an implied promise that the possessor will vacate the property when the owner demands that the possessor vacate the property.
2. How is the legal possession converted to an illegal one?
The possession of the property by the possessor becomes illegal when the possessor refuses to leave the property despite the fact that they no longer have a right to possess it. If the possession was based on a contract, the contract may have been terminated and the possessor refuses to leave the property. On the other hand, if the possession was based on the consent or tolerance of the owner, then the owner may have withdrawn their consent or tolerance and yet the possessor refuses to leave the property. In either case, the owner should inform the possessor that the latter no longer has the right to possess the property and demand that the possessor leave the same.
3. What is retention of the property?
There is a retention of the property if the possessor refuses to leave and continues to keep the property despite the fact that the owner (1) has informed them that the legal possession has been terminated and (2) has made a written demand that the possessor leave the property.
4. What is the period for filing a complaint for unlawful detainer?
The complaint for unlawful detainer must be filed within one (1) year from the last demand to vacate the property otherwise the owner must file an ordinary civil action called accion publiciana which is generally a longer and more expensive legal action.
(C)wonderlegalphilippines
