Evicting a Family Member from Property in the Philippines
A comprehensive legal guide (updated April 2025)

1. Overview

Evicting a relative is always a last‑resort remedy. Emotions run high, and Philippine law — deeply protective of both family solidarity and housing security — sets procedural and substantive hurdles an owner must clear before the sheriff may remove a kin occupant. This article walks you through every relevant statute, rule, and strategic consideration so you can evaluate (or resist) an eviction with eyes wide open. Nothing here is legal advice; always consult counsel for your specific facts.

2. Map the Legal Relationships First

Core Question	Why It Matters	Key Sources
Who really owns the property?	Determines the correct cause of action (ejectment vs. partition) and who has standing.	Civil Code arts. 428 (et seq.); land titles; tax declarations; deeds.
What is the occupant’s status?	Co‑owner, usufructuary, leaseholder, or mere tolerance affects notice period, court, and defenses.	Civil Code; Family Code; agrarian and urban‑poor laws.
*Is the property a family home?*	A family home (FC arts. 152‑162) enjoys immunity from execution except in narrow cases, and both spouses’ or heirs’ consent is normally needed to dispose of it.	Family Code; jurisprudence.
Is it agricultural land under agrarian reform?	If so, DAR, not regular courts, has primary jurisdiction, and ejectment may be barred entirely.	RA 6657, DAR rules.
Is barangay conciliation compulsory?	For most intra‑barangay disputes between natural persons, yes. Skipping it can dismiss your ejectment case for lack of cause of action.	LGC 1991, §§ 399‑422; Katarungang Pambarangay Rules.

3. Common Scenarios and Typical Solutions

Scenario	Typical Remedy	Common Pitfalls
Parents versus adult child who won’t move out	1. Written demand to vacate (give a reasonable period, e.g., 15‑30 days). 2. Barangay mediation. 3. Unlawful detainer (Rule 70) if occupation began with permission; forcible entry if entry was against will.	Failure to prove prior permission + demand; child claims co‑ownership via inheritance or improvements.
Siblings fighting over inherited house	File partition (Rule 69) to divide or sell, then ejectment against hold‑over sibling if he refuses to vacate your adjudicated share.	Filing ejectment before settling inheritance leads to dismissal; co‑owners cannot eject each other until partition.
Ex‑spouses in a conjugal/unitary property	If still legally married, neither can evict the other absent a protection order. If already annulled/divorced and property was adjudicated, follow the settlement; otherwise, partition first.	Overlooking the family home protections and the need for both spouses’ consent for disposition.
Relative occupying unit in a multi‑door apartment the family owns	Treat like a normal lessee if rent is paid, otherwise unlawful detainer after notice.	Rent Control Act caps and procedural limits if rent ≤ ₱10,000/mo in NCR (₱5,000 outside).

4. Substantive Legal Framework

Ownership and Possession – Civil Code art. 428 gives the owner the right to enjoy and dispose and to exclude any person.
Family Home (Arts. 152‑162, Family Code)
- Constitutes automatically from first actual occupation by a family.
- Exempt from execution except for:
  - non‑payment of taxes,
  - debts prior to constitution,
  - loans for repairs, or
  - Subject to partition upon death of both spouses.
Co‑ownership (Civil Code arts. 494‑501) – No co‑owner may eject another; remedy is partition, or accion reivindicatoria if one possesses more than his share.
Rule 70, Rules of Court – Governs forcible entry and unlawful detainer. These are summary procedures whose objective is physical possession, not ownership.
- Forcible entry – Suit within one year from date of illegal entry.
- Unlawful detainer – Suit within one year from last demand to vacate where possession was originally by tolerance.
Barangay Conciliation (LGC §§ 408‑414) – A pre‑condition for ejectment between relatives in the same barangay unless:
- the occupant raises a jurisdictional counterclaim exceeding ₱300 k (outside NCR) / ₱400 k (NCR),
- parties reside in different cities/municipalities, or
- urgent relief is needed (e.g., protection order).
Protection Orders (RA 9262) – A victim‑spouse/child may obtain a Barangay or Court Protection Order directing an abusive relative to vacate the residence, effectively reversing the eviction dynamic.
Trespass to Dwelling (RPC art. 280) – Criminal option if the relative entered against the will of the owner; not available where entry was originally lawful.
Special Laws:
- Agrarian Reform (RA 6657) – Farmer‑beneficiaries enjoy security of tenure; displacements go through DARAB, not the courts.
- Urban Development & Housing Act (RA 7279) – Demands humane relocation for qualified urban poor; intra‑family evictions seldom fall here, but watch if property is in a proclaimed socialized site.
- Senior Citizens Act (RA 9994) – Protects elderly from neglect or abuse; forced eviction of a dependent parent may trigger administrative/criminal liability under elder‑abuse provisions.

5. Step‑by‑Step Roadmap for Owners

Stage	What to Do	Deadlines / Tips
1 – Evidence Build‑up	Secure certified true copy of title, tax decs, condo CTs, deed of sale/donation; take photos showing actual possession.	Make sure your name appears on the title; mismatched names derail cases.
2 – Demand Letter	State breach (e.g., refusal to leave despite revocation of tolerance), give 15‑30 days to vacate, warn of legal action. Send by personal service with witness + registered mail.	Keep registry receipts and affidavit of service.
3 – Barangay	File Request for Mediation (Form 1) within the occupant’s barangay. If no settlement: Punong Barangay issues a Certification to File Action (CF A).	You have 60 days from last session to sue.
4 – File Ejectment (MTC / MTCC / MeTC)	Complaint + Verification + CF A + title copies + demand proof. Pay filing fees based on fair rental value or damages claimed.	Use Rule 70 form for unlawful detainer; court issues summons within 3 days.
5 – Summary Hearing	• Defendant’s answer: 10 days. • Preliminary conference: 30 days; failure to appear may waive defenses. • Decision: 30 days after submission.	No motions to dismiss (except for lack of jurisdiction), no extensive discovery.
6 – Execution & Demolition	Decision becomes final after 15 days (or upon RTC appeal bond denial). Sheriff can break locks but must respect family-home exemptions for personalty.	Sheriff must post a 5‑day notice before demolition; barangay captain must witness.

6. Defenses Available to the Occupant

Co‑ownership – “I inherited part of this, so you can’t evict me without partition.”
Family‑home immunity – “House is a constituted family home; judgment cannot be executed.”
Agrarian Tenancy – “I’m a farmer‑beneficiary; DAR has exclusive jurisdiction.”
No prior demand or conciliation – Fatal to unlawful detainer.
Prescription – For forcible entry, action filed beyond one year from entry.
Equitable right of retention – Builder in good faith under Civil Code art. 448.
Violence or Elder‑abuse Counter‑claim – May flip the eviction into a protection‑order removal of the owner‑plaintiff.

7. Criminal Avenues (Rare but Strategic)

Offense	Elements	Why/Why Not
Trespass to dwelling (RPC 280)	Entry by violence or against express will of owner.	Fast lever to scare off an intruder, but once entry was originally with consent, case fails.
Grave coercion (RPC 286)	Preventing another from doing something not prohibited by law.	Sometimes used against relatives who padlock common areas.
Violation of Protection Order (RA 9262 § 12)	Noncompliance with PO to vacate.	Penalty up to 2 years + fine.

8. Special Property Configurations

Property	Key Rule	Practical Effect
Condominium unit	Condo Act + Master Deed: association may fine or suspend privileges but cannot remove lawful occupant; court action still needed.	Secure board clearance to enforce sheriff’s writ inside common areas.
Family farmland	If CLT or EP issued, owner has lost title; ejectment impossible. If retention area, owner must file retention documentation with DAR.	Always run an agrarian status check at the DAR Provincial Office.
House built on parents’ land	If builder acted in good faith + parents remained silent, child may keep house and pay land value or demand land purchase under art. 448.	This retention right often derails summary ejectments.

9. Alternatives to Litigation

In‑family Mediation – Use barangay dispute resolution beyond the required sessions, or hire a private mediator; outcomes may include leaseback, buy‑out, or scheduled move‑out with financial aid.
Donation or Sale with Right of Use (usufruct) – Parent transfers bare title while retaining lifetime use; prevents future eviction battles among heirs.
Partition by Agreement – Heirs sign deed partitioning rooms or floors, converting disputes into clear boundaries.

10. Consequences of a Wrongful Eviction Attempt

Criminal liability for child or elder abuse, unjust vexation, or malicious mischief.
Civil damages for moral injury, exemplary damages, attorney’s fees.
Potential administrative sanctions on barangay officials or police who assist without a court writ.

11. Sample Timeline (Unlawful Detainer)

Day	Action
0	Owner serves written demand.
15	Last day of grace; occupant refuses.
16	File barangay mediation request.
46	Barangay issues CF A (no settlement).
50	File complaint in MTC; clerk issues summons.
63	Deadline for defendant’s answer.
93	Preliminary conference; case submitted for decision.
123	Court decision ordering ejectment.
138	Decision final (no appeal).
145‑150	Sheriff serves and enforces writ; occupant removed if still in possession.

Total: roughly five months if uncontested.

12. Document Checklist

✔️ Original/CTC of land title or tax dec
✔️ Demand letter + proofs of receipt
✔️ Barangay Certification to File Action
✔️ Affidavit of non‑lease (if no rent)
✔️ Special Power of Attorney (if representative appears)
✔️ Photographs, sworn by taker
✔️ Any contracts or handwritten permissions

13. Practical Tips for Owners

Be generous with notice — Courts frown on families blindsiding each other.
Keep communications in writing — Messenger‑app screenshots are admissible if authenticated.
Respect humanitarian exemptions — Pregnant women, minors, and the infirm may warrant extended grace periods.
Prepare for counter‑offensives — A savvy relative may file injunctions or VAWC complaints; stay factual and courteous in all pleadings.
Budget for execution — Sheriffs demand advance demolition fees; include this in cost projections.

14. Key Take‑Away

The summary‑procedure “ejectment” cases are deceptively quick on paper, but most fail because the plaintiff skips a step (usually barangay conciliation or proper demand) or misidentifies the occupant’s legal status (co‑owner, agrarian tenant, etc.). Begin with a cool‑headed audit of ownership documents and statutory protections, explore mediation, and treat court eviction as the nuclear option.

15. Disclaimer

This guide reflects statutes, rules, and jurisprudence current to April 18 2025. It omits local ordinances and fact‑specific nuances. Always consult a Philippine lawyer who can tailor advice, draft demand letters, and represent you in barangay and court proceedings.