Complaint For Unlawful Detainer Philippines
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FAQ
How to File a Case in the Philippines Consult a Lawyer. The first step in filing a case is usually to consult with a lawyer. ... Prepare the Complaint. The complaint is a formal document that starts a lawsuit. ... Attach Supporting Documents. ... File the Case. ... Service of Summons. ... Await the Defendant's Response. ... Attend Hearings. ... Decision.
The essential requisites of unlawful detainer are: (1) the fact of lease by virtue of a contract express or implied; (2) the expiration or termination of the possessor's right to hold possession; (3) withholding by the lessee of the possession of the land or building after expiration or termination of the right to ...
In unlawful detainer, one unlawfully withholds possession thereof after the expiration or termination of his right to hold possession under any contract, express or implied. In forcible entry, the possession is illegal from the beginning and the only issue is who has the prior possession de facto.
Unlawful Detainer and Forcible Entry suits are filed before the Municipal Trial Courts, Metropolitan Trial Courts, and Municipal Circuit Trial Courts.