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Rule 70 outlines the procedures for forcible entry and unlawful detainer, specifying who may initiate such actions, the timing for instituting them, and where to file. It requires a demand for compliance before commencing action and allows only specific pleadings in court. The court can either dismiss the case or issue a summons if no grounds for dismissal are found.

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10 views8 pages

CIV PRO

Rule 70 outlines the procedures for forcible entry and unlawful detainer, specifying who may initiate such actions, the timing for instituting them, and where to file. It requires a demand for compliance before commencing action and allows only specific pleadings in court. The court can either dismiss the case or issue a summons if no grounds for dismissal are found.

Uploaded by

Maggie
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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RULE 70

FORCIBLE ENTRY AND UNLAWFUL DETAINER


SECTION 1 – WHO MAY INSTITUTE
1. Person deprived:2. Lessor, Vendor, 3. Legal
- Land Vendee, Other Representatives or
Person: assigns of
- Building
BY: (FITSS) - Land - Lessor
Force - Building - Vendor
Intimidation Is unlawfully - Vendee
Threat withheld - Other Person
Strategy AFTER Expiration or
Stealth Termination
SECTION 1 – WHEN CAN BE
INSTITUTED
• After the expiration or termination of the right to hold possession
- BASIS: Contract (Express or Implied)
• At anytime within 1 year after unlawful deprivation or withholding of
possession

RECKONING POINTS:
Forcible Entry:
G.R.: counted from the date of actual entry on the land
Exception: In case of stealth or strategy, fromthe time plaintiff learned
of entry [Vda. de Prietov. Reyes, G.R. No. L-21740 (1965)]

Unlawful Detainer:
SECTION 1 - WHERE TO FILE
• MTC
SECTION 2 - DEMAND
• When will the action should commence?
- After DEMAND to pay or comply with the conditions of
the lease and to vacate is made
- Serving written notice of DEMAND
- Posting of notice on the premises if no person be found
- Lessee: fails to comply
- 15 days in the case of land
- 5 days in the case of buildings
SECTION 3 – SUMMARY PROCEDURE
• Forcible Entry and Unlawful Detainer
- Governed by summary Procedure
- Irrespective of the amount damages or
unpaid rentals sought to be recovered
SECTION 4 – PLEADINGS ALLOWED
• Only pleadings allowed:
- Complaint
- Compulsory counterclaim and cross-claim
- Answers
SECTION 5 – ACTION ON COMPLAINT
What are the actions of the court?

• Dismiss the case outright – any grounds for the


dismissal of a civil action are apparent

• Summons – if no ground for dismissal is found

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