Forcible Entry (Detentacion)

Allegations in the Complaint

Definition
 What are the facts that must be stated in a case
 Forcible entry is a summary action to recover for unlawful detainer?
material or physical possession of real property
when a person originally in possession was a. That the defendant had a previous lawful
deprived thereof by force, intimidation, strategy, possession of the property
threat, or stealth. (Keyword is FISTS). (See Rule b. That the defendant is now unlawfully
70, Sec. 1, Rules of Court). detaining the property from the plaintiff

Prescriptive Period
 The action must be brought within one year
from the dispossession. However, in case of
strategy or stealth, it would seem that the
better rule would be to count the period of one
year from the time of DISCOVERY of such
strategy or stealth.
Accion publiciana – an action to establish who has
the better right to possess; we are not only talking
about possession de facto but also the right to
possession (de jure).
The prescriptive period is ten years. The two kinds
are:

Issue Involved 1. The entry was not obtained through FISTS

(the possessor who was dispossessed
 The issue involved is mere physical possession cannot file for an action of forcible entry if
(possession de facto) and not juridical his dispossession was not caused by FISTS
possession (possession de jure) nor ownership. so what he can file is accion publiciana.)
2. That where the one year period for bringing
Allegations in the complaint forcible entry or unlawful detainer has
already expired, the action may still be
 If you are the plaintiff here, you are removed brought to court as accion publiciana
through fists and there are two allegations that (the only difference is that in forcible entry,
you must include in your complaints: the process or procedure is faster while in
accion publiciana is under the regular
a. You are in prior possession of the property courts.)
b. You are unlawfully deprived of such
possession by another person through
FISTS Accion Reivindicatoria - The accion reivindicatoria
or reivindicatory action is defined as an action to
recover ownership over real property.
Unlawful Detainer (Desahucio)
Prescription
Definition
 Insofar as real property is concerned, ordinary
 Unlawful detainer is the action that must be prescription which requires, aside from other
brought when possession by a landlord, vendor, requirements for prescription, good faith and
vendee or other person of any land or building is just title runs for 10 years; extraordinary
being unlawfully withheld after the expiration or prescription, which does not require good faith
termination of the right to hold possession, by or just title, runs for 30 years.
virtue of any contract, express or implied. In
such a case, prior physical possession IS NOT
required.
Doctrine of Forcible Unlawful
Prescriptive Period
Self-Help Entry Detainer
Who has The owner Any person The lessor,
 The action must be brought within one year
the or the who is vendee,
from the time possession becomes unlawful,
right? lawful deprived of vendor or
thus —
possessor possession person
1) If there is a fixed period for the
of the through against
termination of the lease, the lease ends
thing FISTS (so he whom any
automatically without need of any
was the possession
demand; hence, the one-year period
previous of land or
begins from the expiration of the lease.
personal building is
possessor) unlawfully
2) If the reason for ejectment is non-
withheld
payment of rent or the non-fulfillment
Property Applies to Applies only Applies
of the conditions of the lease, then the
involved either real to real only
one-year period must be counted from
. or property to real
the date of demand to vacate.
personal property
property
Issue
What To use To file a To file a
is/are force case against case
 The issue is possession de facto (material
the reasonably the person against the
possession), not possession de jure nor
right/s? necessary who person
ownership.
to unlawfully unlawfully
 repel or deprived withholdin
prevent him of g
actual or possession the
threatened property
unlawful
physical
invasion or
usurpation
of
his
property
When When After he is After
does there is unlawfully possession
the right threatened deprived of by another
exist? or possession becomes
unlawful through unlawful
physical FISTS (while the
invasion or possession
usurpation is still
of lawful,
his no right to
property file
(Paras said unlawful
that there detainer
are
two kinds
of invasion
:
mere
disturbanc
e
or real
dispossessi
on;
both are
practically
covered
but
the
dispossessi
on
is still
going
on)
When When the One year One year
does invasion or after the after
the right usurpation plaintiff has possession
end? of been has
the unlawfully become
property deprived of unlawful
has been possession
consumma
ted
(in the
sense
na wala
na,
hindi mo
na
mahabol
ang
person)
What is Any Accion Accion
the applicable Publiciana Publiciana
remedy action for
when recovery
the
right
ends