Below is a one-stop, Philippine-specific guide to using a police-blotter entry when the tenant is one (1) month behind on rent under a written lease. It weaves together every layer of the law—from police rules, to barangay conciliation, to the Rent Control Act, the Civil Code, the Rules of Court, and even the criminal statutes that might (or might not) come into play.
1. What a “police blotter” is—and what it is not
| Key point | Explanation | Source |
|---|---|---|
| Nature | A police blotter is the daily logbook kept in every PNP station; it records all incidents (criminal or civil) reported by the public. | (PNP MEMORANDUM CIRCULAR ON CRIME INCIDENT RECORDING SYSTEM) |
| Form | 18” × 12” blue or pink, hard-bound logbook; entries follow the “5 W’s + 1 H” (who, what, when, where, why, how). | (PNP Standard Operating Procedure No. 01-12 Incident Recording System ...) |
| Legal force | A blotter entry is only evidence that a report was made; it does not by itself start a criminal case, eject a tenant, or toll prescriptive periods. | (Filing a Police Blotter for Past Offenses in the Philippines) |
Why file one at all?
• To create a time-stamped record of default that can later support an ejectment or collection suit.
• To pressure an unco-operative lessee without yet going to court.
• To secure a certified true copy for court, since police blotters are public documents under the Rules on Evidence.
2. Contract & civil liability for one-month unpaid rent
| Legal source | Core rule | Practical effect |
|---|---|---|
| Civil Code Arts. 1654 & 1657 | The tenant must pay rent on the date agreed; failure puts her in default. Landlord may demand payment or judicially eject. | Default starts the clock for demand letters and later suits. |
| Rent Control Act (R.A. 9653, as extended to 31 Dec 2027 by R.A. 11571) | For residential units ≤ ₱15 k/month in NCR (≤ ₱8 k outside), ejectment is allowed only after tenant falls 3 months behind OR refuses to pay lawful increases. | A one-month lapse is already a breach, but summary ejectment can ripen only after 3 months for covered units. |
Demand letter
Always serve a written “pay-or-vacate” notice (personally or by registered mail). It satisfies:
- Civil Code notice of default;
- Rule 70 (unlawful detainer) requirement of prior demand; and
- Barangay conciliation rules (because the Lupon must see proof of demand). (Rule 70 - Forcible Entry and Unlawful Detainer - Remedial Law Notes, Barangay conciliation | JURISDICTION)
3. Barangay conciliation: mandatory gateway before court
| Step | What happens | Statute |
|---|---|---|
| File “Complaint-for-conciliation” | Either party goes to the Barangay Captain where the property is located (or where both parties reside in same city/municipality). | Local Government Code 1991, §§ 399-422 (Katarungang Pambarangay) (Cases Covered by the Rules on Barangay Conciliation) |
| Mediation & Pangkat hearings | Up to 30 days. | Same |
| Outcome | (a) Amicable settlement (enforceable by execution); (b) Certificate to File Action if no agreement or respondent fails to appear twice. | Same |
Skip-rule: If the parties reside in different cities/municipalities, barangay conciliation is not required.
4. What to bring when you blotter an unpaid-rent incident
- Government ID (for the Desk Officer’s CIRS entry)
- Lease contract (original & photocopy)
- Demand letter with proof of service
- Latest statement of account/receipts
- Any text, e-mail, or GCash/VIPPS proof of non-payment
- Pen & paper—draft a concise narrative before you arrive
Sample narrative (adapt to facts)
“Complainant LESSOR Juan Dela Cruz, 42, reports that LESSEE Maria Santos, 30, occupying Rm 3-B at 123 Kalayaan St., Makati, failed to pay the agreed rent of ₱12,000.00 due 01 April 2025 despite demand letter dated 08 April 2025. Complainant requests recording for evidence and possible filing of barangay complaint and unlawful detainer.”
The Desk Officer will read it back, enter it verbatim in the blotter, and ask you to sign. Request a certified copy (about ₱75-₱150 per page).
5. Civil court options after barangay
| Action | When to use | Filing venue | Time-line |
|---|---|---|---|
| Small Claims (A.M. 08-8-7-SC as rev. 2022) | Only money ≤ ₱400 k; no ejectment. | MeTC/MTC/MTCC of property | Decision in 30-45 days; no lawyers needed. ([Small Claims A.M. No. 08-8-7-SC (Rules on Expedited Procedure ...) |
| Unlawful Detainer (Rule 70) | Recover possession and back rent; must be filed within 1 year from last demand. | Same | Summary Procedure; judgment in 60-90 days; immediate execution unless stayed. (Rule 70 - Forcible Entry and Unlawful Detainer - Remedial Law Notes, [Forcible Entry and Unlawful Detainer (RULE 70) |
| Ordinary collection | Claims > ₱400 k or when 1-year limit has lapsed. | RTC if amount > ₱2 million. | Full-blown trial. |
6. When does non-payment become criminal?
| Possible charge | Elements that must be extra to mere non-payment | Caveat |
|---|---|---|
| B.P. 22 (Bouncing Checks) | Tenant issued a check that was dishonoured AND failed to pay within 5 banking days after notice. | Strict liability; good-faith not a defence. |
| Estafa (Art. 315 RPC) | Fraudulent deceit at the time of contracting (e.g., tenant used falsified IDs to get keys) or abuse of confidence (e.g., sub-leased & absconded with rent). | Mere inability or refusal to pay rent is not estafa; SC jurisprudence dismisses such complaints absent deceit. (G.R. No. 239090 - The Lawphil Project, Swindling (estafa), A315 Revised Penal Code - Legal Resource PH) |
Police may still take the blotter entry, but they will likely advise you to follow the civil route unless a bounced check or clear fraud exists.
7. Practical timeline for landlords (illustrative)
| Day | Action |
|---|---|
| 1-5 | Friendly reminder; verify tenant situation. |
| 7-10 | Send formal demand letter (pay or vacate). |
| 15-20 | Police blotter + gather documents. |
| 20-30 | File Barangay complaint. |
| 45-60 | If no settlement, secure Certificate to File Action. |
| ≤ 1 year | File Unlawful Detainer or Small Claims. |
8. Tenant defenses & negotiating tips
- Proof of payment (bank transfer screenshots, receipts).
- Illegal exaction—rent exceeds 7 % cap per Rent Control Act.
- Force majeure—unit uninhabitable, landlord breached Art. 1654.
- Procedural mistakes—no barangay conciliation, premature suit.
Landlords often succeed faster by accepting partial payments and documenting them in the blotter or barangay settlement—courts favour good-faith compromise.
9. Take-aways
- Blotter first ≠ case filed—it’s a strategic paper trail, not a legal prerequisite.
- Barangay conciliation is compulsory for nearly all landlord-tenant money disputes.
- Civil, not criminal, is the default path for a 1-month rent lapse—criminal sanctions apply only with extra elements (B.P. 22, estafa).
- Keep all papers: lease, demand letters, blotter copy, barangay minutes—they are your exhibits under the Rules of Evidence.
- Check if the unit is Rent-Control covered; this influences grounds and timing of ejectment.
This article synthesizes every practical and legal facet of filing a police blotter for one-month unpaid rent in the Philippines as of 26 April 2025. Always keep abreast of new Supreme Court circulars or legislative amendments, and consult counsel for case-specific advice.