Demolition Rights of Abandoned Property After Eviction in the Philippines
(Note: This article is for informational purposes only and does not constitute legal advice. For specific concerns, it is best to consult a qualified attorney.)

1. Introduction

Evictions and demolitions in the Philippines involve a complex interplay of constitutional principles, local ordinances, and statutory laws. Situations may arise where an occupant (e.g., tenant, informal settler, or other occupant) is evicted from a piece of property, leaves behind structures or personal belongings, and the property owner or government agency is left with the question: When and how can demolition proceed?

This article aims to provide an overview of the rights, obligations, and procedures surrounding the demolition of abandoned property after eviction under Philippine law.

2. Legal Framework

Several laws and regulations govern eviction, demolition, and the treatment of abandoned property in the Philippines:

Philippine Constitution (1987)
- Protects the rights of the underprivileged and requires due process even in eviction or demolition cases.
- Article XIII, Section 10 recognizes the right of urban or rural poor dwellers not to be evicted without proper procedures.
Civil Code of the Philippines (Republic Act No. 386)
- Contains general provisions on property rights, obligations, and contracts.
- Relevant articles include those on:
  - Possession and its effects (Articles 524–561),
  - Lease contracts (Articles 1642–1688),
  - Good faith/bad faith improvements on property (Articles 448–454).
Urban Development and Housing Act (UDHA) of 1992 (Republic Act No. 7279)
- Also known as the “Lina Law.”
- Sets out requirements and procedures for eviction and demolition, especially affecting informal settlers and urban poor communities.
- Requires notice, consultation, and, in many cases, relocation or compensation for qualified beneficiaries.
Local Government Code of 1991 (Republic Act No. 7160)
- Empowers local government units (LGUs) to regulate and issue demolition permits within their jurisdictions.
- LGUs often have their own building ordinances, which may require specific approvals before demolition.
Rules of Court (Rules on Ejectment)
- Outlines the procedure for unlawful detainer (lease-related evictions) and forcible entry cases before lower courts.
- Court orders typically specify timelines for vacating the property and consequences of non-compliance.

3. Understanding “Abandoned Property” After Eviction

Abandonment implies the relinquishment or surrender of a right or interest, without any intention of reclaiming it. Under Philippine law, for property to be deemed “abandoned,” there must be clear evidence of the occupant’s intention to relinquish rights or possession. In the context of eviction:

Tenant or Occupant Fails to Remove Personal Belongings
- A common scenario is when an evicted tenant simply leaves behind furniture or other personal effects.
- Unless clearly stated or manifested by the former occupant that they are relinquishing ownership, the property owner must exercise reasonable care in handling these items to avoid liability for theft or damage.
Structures or Improvements Left on the Land
- If the occupant constructed a structure (e.g., a dwelling) or made improvements:
  - Good Faith vs. Bad Faith: Under Articles 448–454 of the Civil Code, an occupant who builds in good faith on another’s land may be entitled to compensation or the cost of improvements if the landowner elects to appropriate the improvement. Conversely, if the occupant built in bad faith, the landowner may demand demolition at the occupant’s expense, or choose to appropriate the improvement without compensation.
Court Decisions on Abandonment
- Generally, a court will establish that the occupant has been evicted via lawful order and that the occupant failed to remove possessions or improvements within the time ordered. Once the occupant is evicted and has made no effort to claim these items, the court or the enforcement officers may treat the property as abandoned.

4. The Right to Demolish: Key Considerations

4.1 Demolition Permits and Local Government Regulations

Even if a structure appears to be abandoned post-eviction, demolition typically requires a permit from the local government, particularly the Office of the Building Official (OBO) under the LGU. The usual steps include:

Application for Demolition Permit
- Property owner (or authorized agency) files an application with the local government.
- Submission of documents such as the transfer certificate of title, tax declarations, plans, and any relevant court order.
Inspection and Clearance
- The OBO or relevant department inspects the site to ensure the demolition will not endanger adjoining structures or public safety.
Issuance of Permit
- If the OBO is satisfied with the documentation and safety measures, the demolition permit is granted.

Failure to secure a demolition permit (even for an abandoned structure) can result in penalties or legal complications.

4.2 Due Process Requirements

Notice and Hearing: Even after an eviction order, there is often a need to provide notice to any party who might still have a claim to the property, especially if it is unclear whether the occupant has permanently abandoned the premises.
Court-Ordered Demolition: In many unlawful detainer or forcible entry cases, the final court decision (the writ of execution) will include directives on the demolition of illegally constructed structures.

4.3 Government-Led Demolition (Informal Settlers)

Under the UDHA (RA 7279) and related executive issuances, government-led demolitions of informal settlers require:
1. Adequate notice (at least 30 days).
2. Consultation with affected parties.
3. Provision of relocation if the occupants qualify as program beneficiaries (e.g., the “underprivileged and homeless citizens”).

If the structure is truly abandoned after an eviction, the government unit may expedite demolition but must still ensure compliance with local rules and safety requirements.

4.4 Liability for Damages to Personal Property

Obligation to Exercise Ordinary Care: If personal belongings are left behind, the landowner or government agency is generally expected to take steps to safeguard them temporarily, or at least provide notice that the occupant should retrieve them within a reasonable period.
Storage and Disposal: If the occupant fails to retrieve the items, or if the occupant cannot be located after proper notice, the owner may proceed to dispose of them. The manner of disposal (whether by private sale, donation, or dumping) should be done in good faith to avoid liability.

5. Practical Steps for Property Owners

Obtain a Court Order of Ejectment
- Landowners should ensure they have a valid court order (writ of execution) for eviction, to avoid accusations of illegal eviction or forcible entry.
Notify Occupant of Deadline to Remove Personal Belongings
- Send a formal demand or notice (with a final date to remove items). Retain proof of service.
Document the Property’s Condition
- Photographs or videos of the structures and items left behind will help defend against future claims of missing or damaged property.
Secure a Demolition Permit
- Even if the structure is believed abandoned, the local government’s approval is typically necessary before proceeding with demolition.
Coordinate with Local Authorities
- Enlist the help of the court sheriff, police, or barangay officials when executing the demolition to ensure peace and order.
Disposal of Remaining Items
- If the occupant does not respond, the owner may store, sell, or otherwise dispose of the items in accordance with local rules. A formal inventory and documentation of disposal can help protect against liability.

6. Special Considerations

6.1 Improvements by Lessees in Good Faith

Under the Civil Code (Articles 1678, 448–454), there are rules on useful and ornamental improvements made by a lessee in good faith. The landlord might be obligated to reimburse the lessee for the improvements if they choose to retain them. Conversely, the landlord may also demand the lessee remove or demolish the improvements at the lessee’s expense. Eviction does not automatically cancel the occupant’s right to reimbursement if they built in good faith; however, abandonment weakens the occupant’s claim.

6.2 Urban Poor and Socialized Housing Projects

Where the occupant is part of an identified urban poor community, the LGU or national housing agency may require strict compliance with RA 7279’s provisions— even in cases that initially appear to involve only private land. If the occupant was a qualified beneficiary under social housing programs, they may be entitled to relocation assistance before the structure can legally be demolished.

6.3 Illegal Structures and Public Nuisances

Structures considered public nuisances or in violation of safety or building codes may be subject to summary demolition by the LGU or national agencies (e.g., MMDA for Metro Manila), provided that required notices and due process procedures are followed. If the structure has been clearly abandoned, the agency may act more quickly—but documentary evidence (inspection reports, notices) is still crucial.

7. Enforcement Challenges

Resumption of Possession by Former Occupants: Occasionally, an occupant who was evicted may return or contest the demolition, claiming they did not truly abandon the property. This can lead to legal and/or physical confrontations. Proper documentation and coordination with law enforcement are essential.
Multiple Claimants: If there are multiple potential heirs or co-owners, identifying the correct party authorized to demolish can be contentious.
Humanitarian and Political Concerns: Evictions and demolitions often spark social and political issues, especially if large communities are involved.

8. Conclusion

Demolition of abandoned property after eviction in the Philippines is not a simple, one-step process. Due process, proper notice, demolition permits, and documentation are key components to protecting the landowner (or the government) from legal liability and ensuring that the rights of all parties are respected.

Whether you are a private property owner dealing with a former tenant’s abandoned belongings or a local government agency addressing informal settlements, it is crucial to follow:

Court mandates (writs of execution) and statutory notice requirements,
Local building and demolition permit regulations, and
Any applicable protective measures under the Urban Development and Housing Act (for underprivileged occupants).

Finally, always seek legal counsel for specific advice, as each case may present unique factual and legal nuances. Properly navigating eviction and demolition procedures can help avoid disputes, liabilities, and potential violations of the occupant’s constitutional rights.