Dear PAO,
Please give me advice on how to properly eject lessees because of failure in settling payments. The lessees have refused to vacate the property that has been deemed forfeited as per contract rules.

Several demand letters have been sent and received by them but ignored. Please help us on this one. Thank you and more power.
Arim

Dear Arim,
To properly eject a lessee in a real property because of termination of contract, you may file an ejectment case for unlawful detainer. Ejectment cases are summary proceedings designed to provide expeditious means to protect actual possession or the right to possession of the property involved (Barrientos v. Rapal, G.R. No. 169594, July 20, 2011). In your situation, your concern is for the repossession of the property because of the failure of the lessee to pay in accordance with your contract.

An ejectment case for unlawful detainer is an action to recover possession of real property from one who unlawfully withholds possession after the expiration or termination of his right to hold possession under any contract, express or implied wherein the possession of the defendant is originally legal but became illegal because of expiration, or termination of the right to possess (Union Bank of the Philippines vs. Maunlad Homes Inc., G.R. No. 190071, August 15, 2012). Thus, an action for unlawful detainer is applicable to your case considering that although your lessees were originally authorized to possess the leased premises, their failure to fulfill their contractual obligations terminated their legal right to hold the property.

Note, however, that there must be prior demand from the lessee to pay and vacate before the institution of action for unlawful detainer. Under Section 2, Rule 70 of the Rules of Court, the lessor may proceed against the lessee for unlawful detainer only after demand to pay and vacate, to wit:

“Unless otherwise stipulated, such action by the lessor shall be commenced only after demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee, or by serving written notice of such demand upon the person found on the premises, or by posting such notice on the premises if no person be found thereon, and the lessee fails to comply therewith after 15 days in the case of land or five days in the case of buildings.”

The action for unlawful detainer must then be filed before the municipal trial court within one year after the act of unlawful deprivation or withholding of possession, and alleges that:

1. the defendant originally had lawful possession of the property, either by virtue of a contract or by tolerance of the plaintiff;

2. eventually, the defendant’s possession of the property became illegal or unlawful upon notice by the plaintiff to defendant of the expiration or the termination of the defendant’s right of possession;

3. thereafter, the defendant remained in possession of the property and deprived the plaintiff the enjoyment thereof; and

4. within one year from the unlawful deprivation or withholding of possession, the plaintiff instituted the complaint for ejectment (Union Bank of the Philippines vs. Maunlad Homes Inc.).

The Rules of Court also states that if judgment is rendered against the defendant, execution shall issue immediately upon motion, unless an appeal has been perfected and the defendant to stay the execution of their ejectment files a sufficient supersedes bond, approved by the municipal trial court and executed in favor of the plaintiff to pay the rents, damages and costs accruing down to the time of the judgment appealed from, and unless, during the pendency of the appeal, he deposits with the appellate court the amount of rent due from time to time under the contract, if any, as determined by the judgment of the municipal trial court (Sec. 19, Rule 7, Rules of Court).

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.