I'm being sued for ejectment (unlawful detainer) — what is the process and what defenses do I have?
Last updated: 2026-07-12 · Educational content; not legal advice.
Short answer
Ejectment is governed by Rule 70 of the Rules of Court, and it comes in two forms: unlawful detainer (you were let in lawfully but your right to stay ended) and forcible entry (you took possession by force, intimidation, threat, strategy, or stealth). It decides physical possession only — not who owns the land. Two features matter most for a defendant. First, in an unlawful detainer case a prior written demand to vacate (and to pay, if rent is owed) is a jurisdictional requirement — no valid demand, no valid case. Second, an ejectment suit must be filed within one year: counted from the last demand to vacate in unlawful detainer, or from the date of dispossession in forcible entry; beyond one year the remedy is a different, ordinary action (accion publiciana), not summary ejectment. Cases proceed under the Rules on Summary Procedure before the first-level court (MTC/MeTC), so deadlines to file your Answer are short and strict — do not ignore the summons.
Common defenses turn on those two features: no valid or no prior demand to vacate; the one-year period has already lapsed (so the plaintiff sued in the wrong action); you are not actually a tenant/possessor by mere tolerance; the plaintiff is not the real party in interest; or your possession rests on a subsisting contract (e.g., a lease still in force, or Maceda Law rights on an installment purchase). Ownership disputes do not stop an ejectment case — the court can rule on possession provisionally even if title is contested, and a separate case is used to settle ownership. File your Answer within the short period the summary rules give, attach your evidence (contract, receipts, the demand letter and your reply), and if you cannot afford counsel, seek the Public Attorney's Office. This is the general framework; the outcome depends on your specific facts and contract.
Primary sources
Frequently asked
Is a demand to vacate always required?
For unlawful detainer, yes — a prior demand to vacate (and to pay, if there is unpaid rent) is jurisdictional; without a valid demand the case can be dismissed. For forcible entry, a demand is not a jurisdictional requirement because possession was illegal from the start.
How long does the plaintiff have to sue?
Ejectment under Rule 70 must be filed within one year — counted from the last demand to vacate in unlawful detainer, or from the date of dispossession in forcible entry. After one year, the proper remedy is a different, ordinary action to recover possession (accion publiciana), not summary ejectment.
Can I win by proving I own the property?
Not directly in the ejectment case — Rule 70 decides physical possession only, not ownership. A court may look at title provisionally just to resolve who has the better right to possess, but ownership itself is settled in a separate case.
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