Dear Atty. Gab,

Musta Atty! My name is Maria Hizon, and I’m writing to you because I’m in a really confusing and frankly, scary situation. I’ve been renting an apartment unit for three years now. I’ve always paid my rent on time, and I’ve never violated any terms of our lease agreement. Just this morning, I came home from work and found that the locks to my apartment had been changed! My landlord didn’t give me any notice, no warning, nothing. My belongings are all still inside, and I have nowhere else to go tonight.

When I called my landlord, he simply said that he’s terminating my lease and that I have no right to be in the property anymore. He claims someone else now has a better claim to the unit. I’m completely blindsided by this. I thought tenants had rights, but this feels like he can just throw me out on the street without any legal process. Is this even legal? What can I do? I feel so helpless and violated. Any advice you can give would be greatly appreciated.

Thank you in advance for your time and consideration.

Sincerely,
Maria Hizon

Dear Maria Hizon,

Musta Maria! I understand your distress, and it’s certainly alarming to find yourself locked out of your home without prior notice. It’s important to understand that Philippine law provides mechanisms to protect tenants, and your landlord’s actions may indeed be legally questionable. The core issue here revolves around the concept of possession and the legal process required to reclaim property. In situations like yours, the law is very specific about the proper procedures landlords must follow; they cannot simply resort to changing locks and forcibly evicting tenants.

Understanding ‘Factual Possession’ in Property Disputes

Philippine jurisprudence, particularly in cases concerning property rights, places significant emphasis on the concept of prior de facto possession. This essentially means that whoever is in actual physical possession of a property has a recognized legal standing, even if the underlying ownership is disputed. In your situation, as a long-term tenant, you have established factual possession of the apartment unit.

The Supreme Court has consistently ruled that in disputes concerning possession, especially in actions for ejectment like forcible entry, the central question is not about who owns the property but rather who had prior possession. This is clearly articulated in the case you’re concerned about, although we won’t name it directly here, the principle resonates strongly with your predicament:

“In forcible entry cases, ‘the possession is illegal from the beginning and the basic inquiry centers on who has the prior possession de facto.’”

This citation underscores that in a forcible entry scenario, the court’s primary focus is to determine who was in possession before the alleged unlawful entry occurred. Your landlord’s act of locking you out without due process could be construed as a form of forcible entry against you, the one in prior possession.

The legal definition of forcible entry, as provided under the Rules of Court, further clarifies this principle:

“Under Section 1, Rule 70 of the Rules of Court, a case of forcible entry may be filed by, ‘a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth x x x.’”

While your landlord might argue he didn’t use ‘force’ in a physical sense directly against you, strategy or stealth, as mentioned in this rule, can encompass actions like changing locks without notice, effectively preventing you from accessing your rightful possession. The element of ‘stealth’ is particularly relevant here if the lock change was done secretly, without any prior communication or legal basis presented to you.

Furthermore, the court decisions clarify that simply claiming a superior right of ownership or possession is insufficient to justify forcibly displacing someone who is in actual possession. The proper legal recourse for someone seeking to recover possession is through a lawful court action, not through unilateral actions that disregard the possessor’s rights.

It’s also crucial to understand the distinction between possession de facto and possession de jure. De facto possession is the actual physical holding of property, while de jure possession is possession based on legal right or title. In forcible entry cases, courts prioritize de facto possession. Even if your landlord believes he has a better legal right to the property (de jure), he cannot disregard your established de facto possession and resort to self-help by forcibly evicting you. The law mandates that he must go through the proper legal channels to recover possession.

To further emphasize the protection afforded to those in actual possession, the Supreme Court has highlighted that even if someone initially gained possession as a caretaker or through a similar arrangement, their actual possession is still legally recognized until properly challenged in court:

“Actual possession consists in the manifestation of acts of dominion over it of such a nature as those a party would naturally exercise over his own property… It is not necessary that the owner of a parcel of land should himself occupy the property as someone in his name may perform the act. In other words, the owner of real estate has possession, either when he himself is physically in occupation of the property, or when another person who recognizes his rights as owner is in such occupancy.”

This means your consistent occupation of the apartment, paying rent and residing there, constitutes ‘actual possession’ in the eyes of the law. Your landlord cannot simply disregard this factual reality, regardless of his claims of superior right.

Practical Advice for Your Situation

1. Document Everything: Immediately gather all evidence of your tenancy – your lease agreement, rent receipts, communication with your landlord, and any proof of your residency like utility bills sent to your address.
2. Seek Barangay Assistance: Go to your Barangay Hall and report the incident. Barangay mediation is a crucial first step in resolving disputes peacefully and officially documenting the issue.
3. Demand Re-entry in Writing: Send a formal written demand to your landlord (preferably through a lawyer) requesting immediate re-entry to your apartment. Clearly state that his actions are illegal and constitute forcible entry.
4. File a Forcible Entry Case: If your landlord refuses to cooperate, you should consult with a lawyer immediately to file a forcible entry case in court. This will compel your landlord to restore your possession while the legal issues are sorted out.
5. Consider Damages: Keep track of any expenses or losses you incur due to being locked out, such as temporary accommodation costs, damage to your reputation, or emotional distress. You may be able to claim damages in your legal action.
6. Do Not Forcibly Re-enter: While it’s frustrating, avoid forcibly breaking back into the apartment yourself, as this could complicate your legal position. Let the legal process work in your favor.

Maria, your situation is serious, but Philippine law provides avenues for you to assert your rights as a tenant in possession. Acting quickly and seeking professional legal help is crucial to resolving this matter effectively.

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.