Is It Legal to Forcibly Kick Out a Squatter in the Philippines

Can You Evict an Informal Settler in Your Property Anytime?

​Many property owners in the Philippines experience having squatters occupying their land. Understandably so, they may want to evict them as they wish, but our laws do not allow this without due process. If you’re a landowner dealing with the same problem, it’s important to know your rights and what legal steps to take here. Read this guide to learn how you can legally remove informal settlers from your property.

Do Squatters Have Rights?

According to Philippine laws, informal settlers illegally occupying a private property are entitled to certain rights. Article 3, Sec. 1 of the 1987 Constitution protects these underprivileged and homeless citizens from immediate and forceful eviction. Therefore, you cannot simply kick out squatters from your land anytime you want because “no person shall be deprived of life, liberty, or property without due process”.
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There’s a legal procedure that must be followed when evicting squatters from a private property. While they don’t have the right to occupy your land, but you cannot use force or kick them out without a court order. In addition, you cannot demolish their houses or cut their utility services such as water and electricity without proper notice. Especially, if they have been living in your property for a long time and they have no other housing options.

Legal Ways to Evict Informal Settlers

Through legal means, you have the right to reclaim your property. So without using force or threats, here are the steps you can take for the legal process of eviction:

• File a Forcible Entry with the Municipal Trial Court if the squatters took possession of your land by force.
  
• File an Unlawful Detainer case if they initially had your permission to stay but have refused to vacate despite legal demand.​​

To do this, you need to provide proof of ownership, evidence of illegal occupation, and demand letters or notice previously issued. Once the case is filed, the court will hear both sides and issue a decision. If the court rules in your favor, a Writ of Execution can be issued to remove the informal settlers legally with the help of law enforcement.

It’s important not to destroy any structures or threaten squatters to avoid criminal or civil liabilities. Also, always legally document private negotiations and consult with your lawyer to properly handle the matter.

Relocation Assistance from the Government

The Department of Human Settlements and Urban Development coordinates housing and relocation efforts with communities or municipalities nationwide. Settlers that are qualified for social housing will be given relocation assistance. It’s important that evicted squatters be provided with government support to ensure their families will still have a shelter, as basic human rights.

Final Thoughts

There’s always a legal way to expel squatters from your property to protect both your rights and avoid legal trouble. Evicting informal settlers requires patience, legal action, and sometimes government coordination to keep it peaceful and lawful. If you have questions regarding your property, please don’t hesitate to message us through our Facebook page. You may also register on REALS.PH website to list your property or check out our condominium in Baguio listings.