Forcible Entry Unlawful Detainer

Prior physical possession How the possession started or continued

Deprivation by means of either force, intimidation, That the defendant held in possession of the
strategy, stealth or threat (FISST or FITS). property after the expiration of the right to hold
possession

Action is filed within 1 year from the time the Demand to vacate is required and within 1 year
owners learned of their deprivation. from last demand on defendant to vacate the
property, the plaintiff may institute the
complaint for ejectment.

Demand to vacate is not required before the filing

of the action.
Allegations required in an action:

How is the 1-year period to file an action is counted?

A.) Forcible Entry

Counted from the date of actual entry on the land except when the entry is made through stealth,
the 1-year period is counted from the time the plaintiff learned thereof.

B.) Unlawful Detainer

Counted from the date of the last demand to vacate.

When defendant occupies premises by mere tolerance

- Possession becomes unlawful upon failure to comply with the demand to vacate made by the
owner.

- Unlawful withholding of possession is to be counted from the date of the demand to vacate and
the possessor by tolerance refuses to comply with such demand.

Liability of Possessor by Tolerance

To pay rentals from the time the demand to vacate was made up to the time the premises has
been fully vacated.

When the rule on tolerance does not apply:

1.) When there was forcible entry at the start.

2.) Where the complaint clearly alleges that the defendants’ occupancy of the premises was unlawful from
the start and was bereft of contractual or legal basis, the plaintiff’s allegations run counter to the
requirements for unlawful detainer.

Venue to file an action

Place where the property is situated

Who may institute the action?

- any person (natural or juridical)

- Lessor

- Vendor

- Vendee

- Any person against whom the possession of the 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.

Effect of Pendency of an action involving ownership on the action for Forcible Entry and Unlawful
Detainer

Does not bar the filing of an ejectment suit nor suspend the proceedings of one already instituted.
(Silverio vs. CA, 407 SCRA 240, 246)

Cases which do not bar an action for Forcible Entry and Unlawful Detainer:

1.) Injuction Suits

2.) Accion Publiciana

3.) Writ of Possession

4.) Action for Quieting of Title

5.) Suits for specific performance with damages

6.) Action for Reformation of Instrument

7.) Action for reconveyance of the property (accion reindivicatoria)

8.) Suits for annulment of Sale or title of document