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RULE 70: FORCIBLE ENTRY AND UNLWFUL DETAINER

There are 2 cases: Forcible entry and Unlawful detainer
It involves possession of real property

What do we mean when we say real property? Immovable property is the land itself and any
improvements thereon that is immovable in character.

Forcible Entry
-In forcible entry there is a complainant and defendant. Who is in possession, complainant or
defendant? Defendant. Defendant is in possession.
The entry, being in possession, what is the grounds in terms of forcible entry? Unlawful from the
beginning as he acquires possession by force, intimidation, strategy, threat, or stealth.
FISTS: Force, Intimidation, Strategy, Threat or Stealth

The complaint must ... what should be alleged? Material allegations present is the physical or
material possession and the deprivation through FISTS. Not required that all of the grounds
present but only that deprivation through any of the given grounds.

Force and Intimidation is actual prior possession (since prior possession can be temporary leave)
Stealth and Strategy secretly entry

Is demand to vacate required in forcible entry? Not required. Demand that property not
possessed properly as compared to Demand to Vacate which is not required by the law.

Forcible entry can be de facto (not necessarily owner but in possession of property). Dito, accio
publiciana/recovery of possession is de jure.
In recovery of possession (publiciana) institute the case after 1 year after unlawful dispossession.
In unlawful detainer, within 1 year.
~So, if Jan 1, then until dec 31 for forcible entry.
In Accio Publiciana, mode of dispossession is not limited to FISTS unlike forcible entry. There
may be other modes in accio publiciana

Other case in R70 is unlawful detainer…

In unlawful detainer, person in possession unlawfully withholds after expiration or termination
of right to possess. as differentiated, forcible entry is unlawful from the very beginning.
Unlawful detainer is lawful at start like initial contract; only that already expired and you still
refused to vacate property.
There is a lawful contract but it expires then becomes unlawful. It was lawful in the beginning.
Such contract can be EXPRESS or IMPLIED in unlawful detainer.
In unlawful detainer, no need to prove prior physical possession since in the first place, the entry
was initially lawful. So defendant already has prior possession only that it expired and became
unlawful.

In Forcible entry there is a need to allege and proved prior possession.

Nature of FE and UD: Real action and in personam

When should file for both? At any time within one year upon the last demand was made in
unlawful detainer. If forcible entry, from time of dispossession by force or discovery if by stealth
or strategy.

Stealth or Stealth is any discrete or clandestine act. Like no persmission of the owner of the
property or actual possessor.

In R70, the issue is not ownership, who has possession, and who was deprived. In short, only
issue is deprivation.

Where to file? MTC or first level court where the property is located.
How to make the demand? Written notice upon person found within the premises is the way to
demand. In unlawful detainer, not only notice that occupancy is unlawful but likewise make
demand to vacate. The demand to vacate is jurisdictional. So, if case is unlawful detainer and
demand to vacate not alleged or included, complaint will be dismissed.
SPECIFICS IN CIVIL PROCEDURE to follow in R70?
Summary Procedure. Rules on summary procedure covers all cases of unlawful detainer
and forcible entry. (Note: never state rules of procedure is in the rules of court) Because,
General rules ang R70 and RoC. Procedural is now covered by summary procedure. XPN:
Agricultural Tenancy.

~like defendant is an agricultural tenant, court should determine whether or not defendant is
indeed an agricultural tenant since if true, the case should be transfered to Department of
Agrarian Reform. DAR determination, if DAR says not agri tenant, Case continues. So there is a
suspension while waiting for DAR. If indeed tenant, go to adjudication board of DAR.

Summary Procedure: Complaint summons, copy of complaint attached.

To whom summons is issued? To the defendant.
When should defendant file answer? Within 10 days after the receipt of the copy or the
complaint/summons.
GR: All affirmative defenses shall be stated in the answer otherwise, it is deemed waived. It
cannot be raised as ground or defense.
XPN: jurisdiction defense (like exception is lack of jurisdiction na defense). Likewise relevant
since there are no motions to dismiss but state in defense why the case should be dismissed.
No need to file for motion.

PILI CASE (sample): case in Pili since property thought to be in Pili but actually in Ocampo
means lack of juris can be raised.

Effects of failure to answer: (1) the court will have to render judgement in favor of plaintiff (2)
the action is either by motion or by motu proprio decision of court.
If defendant Answers: Court will set preliminary conference between the parties. 30 days within
last answer is filed (last answer since many diff defendants and different times of receipt of the
10-day summons and diff dates of submission of answer)

PRELIMINARY CONFERENCE
 Prelim conference is meeting with the parties. pwedeng ma settle prior.
~If settled, hearing will not anymore proceed
  Prelim conference is also where issue is limited and documentary exhibits are marked,
likewise, where witnesses are identified (judicial affidavits and evidences included in
initiatory pleadings)
 after termination of prelim conference within 5 days (termination kasi 1st sched of prem
conference may not be terminated yet, kasi extensions can be asked by parties specially
when settlements are amicable)
 after 5 days of termination, court will issue an order of preliminary conference (parties
presents, all material information from the conference, determination whether or not
judgement can already be made based on pleadings of each party). Hearing for
clarifications can likewise be set.

~if plaintiff not appearing in preliminary conference: case dismissed but if may claims for
damages defendant, ruled in favor of defendant
~if defendant does not appear: plaintiff in favor in ruling

 then submission of position papers 10 days after termination of prelim conference

 order of prelomonary conference also includes order to submit position paper
 Judgement 30-days from receipt of position papers in favor of either party. (30 days from
the time required to submit position papers, remember summary procedures)

ISSUE is material possession in R70, ownership is immaterial so even if in answer, ownership is

alleged by defendant, jurisdiction of court is not affected and court is not required to resolver
issue on ownership.
~If ownership issue is necessary to resolve possession issue, then judgement can include
discussion on ownership issue and judgement can only be conclusive on possession and cannot
affect titles. This shall not bar any action regarding the title in the future.

After rendering judgement, there is 15 days for other party to file an appeal otherwise done
~If no more appeal, execution of judgement (implementation)
~If guilty of forcible entry, defendant should vacate and pay rentals or damages caused that will
then be executed by the sheriff.

DUTY OF COURT is ministrial and should be done immediately XPN: stay of execution.
Execution of judgement is being stopped from implementation. This happens on appeal.
Additional reqs like defendant filing bond equivalent to value of damage rentals and everything
so plaintiff will not be dehado or continuing paying rental of compensation given due to stay
because of the pendency of appeal.

Already in CA but failed to pay those above, plaintiff can file motion and appellate court can
order for execution of judgement. So, plaintiff restored to the possession of property. Meanwhile,
even if order of exec, appeal is still ongoing (nagkaroon like ng order to execute due to defendant
failure).

First appeal is to the RTC within 10 days. Defendant can file preliminary injunction to stop
plaintiff and that's where compliance (bond, deposit of rental, etc) is placed. So, plaintiff
possession not restored
~If prelim injunction not filed, order to be restored to the property for plaintiff can be made by
RTC

NOTE: Appeal still continues

Also happen when RTC to CA. Point is losing party files injunction.

MTC rendered in favor of plaintiff in unlafwul detainer. Plaintiff Entitled to possession.

What should defendant do? What should the action be? Action for preliminary induction. move
for preliminary injunction should be done by defendant to stop execution
You don’t need for motion to execute.

SITUATIONAL Qs: plaintiff won in mtcc, defendant appelaed in rtc. Plaintiff natalo, ano
gagawin when plaintiff lost? Same thing. Move for preliminary injunction upon apple to CA.
After MTC decision, defendant did not file prelim injunction? Defendant won in RTC, what
should be done when plaintiff already in possession? Plaintiff appeal will happen and shall be in
possession. Defendant should move for order of execution.

Summary procedure is fast; avoid litigation as much as possible.

(Usually clarificatory hearing nagpapadagdag pero even then, not time consuming)
Aim of court: Finish immediately the cases that falls under sum proc. (includes Forcible Entry
and Unlawful Detainer)

Asynch and digets next meeting huhu