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Complaint for Forcible Entry and Unlawful Detainer

By: Suzette T. Abejuela

 What is forcible entry and unlawful detainer?


1. Both actions are commonly called ejectment case. It is
designed to restore physical possession of any land or
building to one who has been illegally deprived of such
possession.
2. Forcible Entry is the action to recover possession on the
ground of ILLEGAL POSSESSION OF PROPERTY through
force, intimidation, threat, strategy or stealth.
3. In unlawful detainer, the action is based on UNLAWFUL
WITHHOLDING by other person, who originally
possessed the property lawfully

 What is the nature and effects of complaint?


1. They are summary proceeding cases designed to
provide for an expeditious means of protecting actual
possession of the right to the possession of the
property involved.
2. Its effects is to provide a peaceful, speedy and
expeditious means of preventing alleged illegal
possessor of property from unjustly continuing his
possession for a long time.
3. The proceedings are concentrated on the issue on
possession. And any ruling on the question of
ownership is only provisional and made for the sole
purpose of determining who is entitled to possession de
facto.
 Under what rule do we file the pleading? And limitation to
the Rule.
Sec. 1, Rule 70 of the Rules of Court provides:
Section 1. Who may institute proceedings, and when. —
Subject to the provisions of the next succeeding section, 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.

 Forcible entry and unlawful detainer distinguished. (Who


may file? Where and when to File?)
Forcible Entry Unlawful Detainer
Who may file? A person who is A lessor, vendor,
deprived of vendee, or other
physical possession person against
of the land by whom the
means of force, possession of any
intimidation, land or building is
threat, strategy or unlawfully withheld
stealth. after the expiration
of termination of
the right to hold
possession by
virtue of any
contract, express
or implied.

Where to file? Both complaint, under Sec. 33 of BP 129


in relation to Sec. 1 Rule 70 of the Rules
of Court, forcible entry and unlawful
detainer is under the exclusive
jurisdiction of first level courts such as:
Municipal Trial Courts, Metropolitan Trial
Courts, and Municipal Circuit Trail
Courts; regardless of the amount of
rentals or damages.

When to file? Within one (1) year Within one (1) year
after such unlawful commencing from
deprivation or the time of lat
withholding of formal demand
possession, or (oral or written;
upon the discovery direct or indirect)
of force, to vacate.
intimidation,
threat, strategy or
stealth
Principal Issue Prior physical Demand to pay and
possession is the vacate is condition
only principal precedent in
issue. unlawful detainer.

 Necessary allegations in the complaint


Forcible Entry:
1. The plaintiff have prior physical possession of the
property;
2. That the defendant deprived him of such possession by
means of force, intimidation, threat, strategy, or stealth;
3. The action must be filed within one (1) year from the time
the owner/s learned of their deprivation of the physical
possession of the property.

Unlawful Detainer:
1. Possession of property by the defendant was by contract
with or by tolerance of the plaintiff;
2. Such possession become illegal upon notice by the
plaintiff to defendant, of the termination of latter’s right of
possession.
3. Defendant remained in possession of the property and
deprived the plaintiff of enjoyment thereof;
4. Within one year from last demand to vacate the property;
plaintiff instituted the complaint for ejectment.

 Resolving defense of ownership


1. When the defendant raises the defense of ownership in
his pleadings, the question of possession cannot be
resolved without deciding the issue of ownership.
2. The issue of ownership shall be resolved only to
determine the issue of possession.

 Forms and its contents


See attached.

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