Ejectment: (Sarmienta, Et - Al. vs. Manalite Homeowners Association, Inc., G.R. No. 182953, October 11, 2010)

EJECTMENT
When an individual is engaged in business of leasing premises (real property), he might find it
difficult and problematic to eject the lessee when the agreement has already expired. It is unfortunate
that the lessor cannot take the law on his own hands. He must follow the proper procedures set forth
by the law.
Ejectment of a lessee can be found under Section 1 of Rule 70 the Revised Rules of Court;
“xxx 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, bring an action
in the proper Municipal Trial Court against the person or persons unlawfully withholding or
depriving of possession, or any person or persons claiming under them, for the restitution of
such possession, together with damages and costs.”
The rule connotes two different actions, to wit: (1) unlawful detainer, and (2) forcible entry.
Unlawful detainer is an action for recovery of possession from the defendant whose possession of the
property was inceptively lawful by virtue of a contract (express or implied) with the plaintiff, but
became illegal when he continued his possession despite the termination of his right thereunder.
Forcible Entry is an action to recover possession of a property from the defendant whose occupation
thereof is illegal from the beginning as he acquired possession by force, intimidation, threat,
strategy or stealth.
(Sarmienta, et.al. vs. Manalite Homeowners
Association, Inc., G.R. No. 182953, October 11,
2010)
Both actions must be brought within one year from the date of actual entry on the land, in case of
forcible entry, and from the date of last demand, in case of unlawful detainer.
(Spouses Valdez vs. CA and Spouses Fabella,
G.R. No. 132424, May 2, 2006, 489 SCRA 369)
Legal bases for Unlawful Detainer can be found under our New Civil Code:
Article 1671 states that: “If the lessee continues enjoying the thing after the expiration of the contract,
over the lessor's objection, the former shall be subject to the responsibilities of a possessor in bad faith.”
Article 1673. The lessor may judicially eject the lessee for any of the following causes:
(1) When the period agreed upon, or that which is fixed for the duration of leases under articles
1682 and 1687, has expired;
(2) Lack of payment of the price stipulated;
(3) Violation of any of the conditions agreed upon in the contract;
(4) When the lessee devotes the thing leased to any use or service not stipulated which causes
the deterioration thereof; or if he does not observe the requirement in No. 2 of article 1657, as
regards the use thereof.
The ejectment of tenants of agricultural lands is governed by special laws.
Article 1657. The lessee is obliged:

(1) To pay the price of the lease according to the terms stipulated;
(2) To use the thing leased as a diligent father of a family, devoting it to the use stipulated; and
in the absence of stipulation, to that which may be inferred from the nature of the thing leased,
according to the custom of the place;
(3) To pay expenses for the deed of lease.
If the lessee fails to comply with his obligations to the lessor, then one can already file an action for the
possession of the property.
Procedure:
1. The lessor before filing an ejectment case must comply with Section 2, which is to serve a
written notice of demand for them to vacate the premises and pay rentals in arrears, if any.
2. Cases requiring referral for conciliation, where there is no showing of compliance with such
requirement, shall be dismissed without prejudice, and may be revived only after that
requirement shall have been complied with. (Section 12)
3. Filing of complaint, compulsory counterclaim and cross-claim pleaded in the answer, and the
answers thereto. (Section 4)
A possessor deprived of his possession through forcible 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. (Section 15)
4. 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 s 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. (Section 5)
5. 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. (Section 16)
Any question involving the issue of ownership should be raised and resolved in a separate
action brought specifically to settle the question with finality. (Roberts vs Papio, GR 166714,
Feb. 9, 20007)
6. Within ten (10) days from service of summons, the defendant shall file his answer to the
complaint and serve a copy thereof on the plaintiff. Affirmative and negative defenses not
pleaded therein shall be deemed waived, except lack of jurisdiction over the subject matter.
Cross-claims and compulsory counterclaims not asserted in the answer shall be considered
barred. The answer to counterclaims or cross-claims shall be served and filed within ten (10)
days from service of the answer in which they are pleaded. (Section 6)
7. Should the defendant fail to answer the complaint within the period above 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 therein. The court may
in its discretion reduce the amount of damages and attorney's fees claimed for being excessive
or otherwise unconscionable, without prejudice to the applicability of section 3 (c), Rule 9 if
there are two or more defendants. (Section 7)
8. Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be
held. (Section 8)
9. Within ten (10) days from receipt of the order mentioned in the preceding section, the parties
shall submit the affidavits of their witnesses and other evidence on the factual issues defined
in the order, together with their position papers setting forth the law and the facts relied upon
by them. (Section 10)
10. Within thirty (30) days after receipt of the affidavits and position papers, or the expiration of
the period for filing the same, the court shall render judgment.
However, should the court find it necessary to clarify certain material facts, during the said
period, issue an order specifying the matters to be clarified, and require the parties to submit
affidavits or other evidence on the said matters within ten (10) days from receipt of said
order. Judgment shall be rendered within fifteen (15) days after the receipt of the last
affidavit or the expiration of the period for filing the same. (Section 11)

Ejectment: (Sarmienta, Et - Al. vs. Manalite Homeowners Association, Inc., G.R. No. 182953, October 11, 2010)

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EJECTMENT

The ejectment of tenants of agricultural lands is governed by special laws.

Article 1657. The lessee is obliged:

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