Tolerance and Property Rights: Understanding Unlawful Detainer in the Philippines

G.R. No. 256851, August 02, 2023

Imagine you generously allow relatives to stay on your property, expecting they’ll eventually move on. But years pass, and they refuse to leave, claiming a right to the land. This scenario highlights the complexities of unlawful detainer cases in the Philippines, particularly the concept of ‘tolerance.’ This case clarifies how long-term occupancy, even if initially permitted, can become unlawful and what property owners must do to reclaim their rights.

Legal Context: Unlawful Detainer Explained

Unlawful detainer is a legal action to recover possession of property from someone who initially had lawful possession but whose right to possess has expired or terminated. It’s crucial to understand the legal basis for this action, as outlined in the Rules of Court. The key lies in proving that the initial possession was either by contract or through tolerance by the property owner. Tolerance, in this context, means permission or allowance, without any contractual agreement.

Section 1 of Rule 70 of the Rules of Court explicitly states:

SECTION 1. Who may institute proceedings, and when. — Subject to the provisions of the next succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any 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, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one (1) year after such unlawful deprivation or withholding of possession, bring an action in the proper Municipal Trial Court against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costs.

For instance, if you lease an apartment to a tenant, and the lease expires, their continued occupancy becomes unlawful detainer. Similarly, if you allow a friend to stay in your spare room indefinitely, that permission can be withdrawn, and their refusal to leave can lead to an unlawful detainer case. The one-year period to file the case counts from the last demand to vacate the property.

Case Breakdown: Spouses Dagode vs. Tapao

This case involves a property dispute between the Spouses Dagode (petitioners) and the heirs of Elesito Tapao (respondents). The Tapaos claimed ownership of a lot inherited from their parents. They alleged that back in 1952, the Dagodes’ ancestors, relatives of the Tapaos’ mother, were allowed to reside on the property temporarily, free of rent, purely out of generosity. Over time, the Dagodes’ family grew and continued to occupy the land. When the Tapaos eventually asked the Dagodes to vacate, they refused, leading to an unlawful detainer lawsuit.

• The Municipal Trial Court in Cities (MTCC) initially dismissed the case, citing a lack of evidence proving the Tapaos’ ownership and possession.
• The Regional Trial Court (RTC) affirmed the MTCC’s decision, emphasizing that a tax declaration alone wasn’t sufficient proof.
• However, the Court of Appeals (CA) reversed the lower courts, ruling that the Tapaos had a better right of possession based on the tax declaration and the established fact of tolerance.

The Supreme Court, in this Resolution, upheld the CA’s decision. The Court emphasized that in unlawful detainer cases, the core issue is possession, not necessarily ownership. The Court stated, “As the new owners, respondents informed petitioners that they need to use the land and asked them to vacate the premises. At this point, the Court rules that petitioners became deforciant occupants who no longer have any right to possess the lot because of the withdrawal of tolerance by the owners.” The Court also noted that the Dagodes failed to present any evidence to support their claim of a right to the property.

Another crucial quote from the decision: “A person who occupies the land of another at the latter’s tolerance or permission is bound by an implied promise that he or she will vacate the property upon demand. In this case, respondents’ mother only allowed petitioners and their ancestors to occupy certain portions of the lot. Upon withdrawal of the tolerance, petitioners’ refusal to vacate the premises rendered their possession as unlawful.”

Practical Implications: Key Lessons for Property Owners

This case underscores the importance of documenting any agreements, even informal ones, regarding property use. While generosity is admirable, it’s crucial to protect your property rights. Failure to act promptly when you need your property back can lead to prolonged legal battles. Even if you allowed someone on your property out of kindness, that tolerance can be withdrawn, and you have the right to regain possession. The key is to follow the proper legal procedures for an unlawful detainer action.

Key Lessons:

• Document Everything: Keep records of any agreements, even informal ones, regarding property use.
• Act Promptly: Don’t delay if you need to reclaim your property; act within the one-year timeframe.
• Understand Tolerance: Tolerance can be withdrawn, but you must follow the correct legal process.

Frequently Asked Questions (FAQs)

Q: What is the difference between unlawful detainer and forcible entry?

A: Forcible entry involves taking possession of property through force, intimidation, threat, strategy, or stealth. Unlawful detainer, on the other hand, involves initially lawful possession that becomes unlawful after the right to possess expires or is terminated.

Q: What evidence do I need to prove ownership in an unlawful detainer case?

A: While ownership isn’t the primary issue, you need to show a better right of possession. Tax declarations, deeds of sale, and other documents proving ownership can be helpful. However, the court will also consider evidence of actual possession and tolerance.

Q: How long do I have to file an unlawful detainer case?

A: You must file the case within one year from the date of the last demand to vacate the property.

Q: What if the person occupying my property claims they own it?

A: The court can provisionally determine ownership to decide who has a better right of possession. However, this determination is not final and won’t prevent a separate action to settle the issue of ownership definitively.

Q: Can I evict someone without going to court?

A: No. Self-help remedies are generally not allowed. You must go through the proper legal process of filing an unlawful detainer case.

ASG Law specializes in Real Estate Law. Contact us or email hello@asglawpartners.com to schedule a consultation.