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Eviction: unlawful detainer vs. forcible entry

Which case applies, the barangay step that comes first, and the one-year clock that decides both.

Rules of Court, Rule 70; RA 7160 (Katarungang Pambarangay)

Who this is for: Tenants facing eviction, and property owners who need to recover possession lawfully.

Eviction: unlawful detainer vs. forcible entry — process diagram
Drawing diagram…

Step by step

  1. 1

    Work out which case it is

    Unlawful detainer is where possession began lawfully — a lease, or the owner simply tolerating you — and has since expired. Forcible entry is where it began through force, intimidation, threat, stealth or strategy. Filing the wrong one gets the case dismissed.

  2. 2

    Demand to pay and vacate

    Unlawful detainer requires a written demand before filing. Forcible entry does not. The demand also starts the one-year clock.

  3. 3

    Barangay conciliation

    Where both parties live in the same city or municipality, the dispute must go to the barangay first. A court will dismiss a case filed without a Certificate to File Action.

    The barangay process itself runs on short timelines — attend, or a certificate may issue against you.

  4. 4

    File in the first-level court

    Ejectment cases go to the Municipal Trial Court regardless of the property value, and follow summary procedure — faster, with position papers instead of a full trial.

    Within 1 year: from the last demand for unlawful detainer, from the dispossession for forcible entry.

  5. 5

    After one year

    The summary remedy is gone. Recovery is then through accion publiciana or accion reivindicatoria in the Regional Trial Court, which is slower and more expensive.

Watch out for

  • • A landlord cannot evict you by changing the locks, cutting utilities or removing your belongings. Possession is recovered through a court, and a sheriff enforces the judgment.
  • • Paying rent after a demand can restart or complicate the one-year clock. Get advice before paying if eviction has already been demanded.

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