Ejectment cases - forcible entry and unlawful detainer - are summary following cases falling within their

proceedings designed to provide expeditious means to protect actual jurisdiction:chanroblesvirtuallawlibrary

possession or the right to possession of the property involved.

Ejectment is a common law term for civil action to recover the A. Civil Cases:chanroblesvirtuallawlibrary
possession of or title to land.
Ejectment is a legal remedy to resolve conflicts between a landlord (1) All cases of forcible entry and unlawful detainer, irrespective of
and tenant that can sometimes be used to remove a person from the amount of damages or unpaid rentals sought to be recovered.
wrongfully occupying real estate. Ejectment can be available if a Where attorney's fees are awarded, the same shall not exceed twenty
landlord or property owner can show they have a legal right to the thousand pesos (P20,000.00).
property, and the occupier has no valid legal claim to be there. (2) All other civil cases, except probate proceedings, where the total
amount of the plaintiff's claim does not exceed ten thousand pesos
In addition to legal ejectment, there is the non-judicial process of forcible (P10,000.00), exclusive of interest and costs.chanrobles virtual law
ejectment, also informally called self help. Self help is sometimes used or library chanrobles virtual law library
contemplated by landlords who wish to deal with the problem on their own,
using various methods, for example, a landlord might change the locks on the
doors to prevent the occupier from returning after an absence. Rights to self- B. Criminal Cases:chanroblesvirtuallawlibrary
help vary widely from state to state and even among local jurisdictions.
Generally, though, self-help is inadvisable and rarely conducive to the public (1) Violations of traffic laws, rules and regulations; chanrobles virtual
peace. As such, almost no states allow 'self-help' as a reasonable means of
law library
ejectment without court and police assistance.
(2) Violations of the rental law; chanrobles virtual law library
An action for unlawful detainer, on the other hand, is proper when (3) Violations of municipal or city ordinances; chanrobles virtual law
the possession is originally lawful and turned unlawful upon the library
expiration of the right to possess. Cases for ejectment are filed with (4) All other criminal cases where the penalty prescribed by law for
the Metropolitan or Municipal Trial Courts, and proceedings are the offense charged is imprisonment not exceeding six months, or a
summary in nature. fine not exceeding (P1,000.00), or both, irrespective of other
imposable penalties, accessory or otherwise, or of the civil liability
Here's a step-by-step guide to filing a civil case in the Philippines: arising therefrom: Provided, however, that in offenses involving
damage to property through criminal negligence, this Rule shall
1. Consult a lawyer. Consult a lawyer if you're unsure whether a govern where the imposable fine does not exceed ten thousand pesos
person's actions constitute a criminal or a civil offense. ... (P10,000.00).
2. File a complaint. ...
This Rule shall not apply to a civil case where the plaintiffs cause of
3. Ensure summons are served. ... action is pleaded in the same complaint with another cause of action
4. Go through pre-trial. ... subject to the ordinary procedure; nor to a criminal case where the
5. Go through trial. ... offense charged is necessarily related to another criminal case subject
to the ordinary procedure.chanrobles virtual law library chanrobles
6. The Judge's Decision
virtual law library
Summary procedure is a legal procedure used for enforcing a right
that takes effect faster and more efficiently than ordinary methods. Sec. 2. Determination of applicability. — Upon the filing of a civil or
[1] Its object is to summarise the procedure of suits in case the criminal action, the court shall issue an order declaring whether or
defendant is not having any defence not the case shall be governed by this Rule A patently erroneous
determination to avoid the application of the Rule on Summary
Summary procedure on Ejectment cases Procedure is a ground for disciplinary action.chanrobles virtual law
The proceeding in the ejectment case is governed by the 1991 Revised library chanrobles virtual law library
Rules on Summary Procedure. Section 1 thereof provides that the
Revised Rules on Summary Procedure shall govern the procedure in II.
the Metropolitan Circuit Trial Courts in the following cases falling Civil Cases
within their jurisdiction: A (1) All cases of forcible entry and unlawful
detainer, irrespective of the amount of damages or unpaid rentals Sec. 3. Pleadings. —
sought to be recovered. Where attorney’s fees are awarded, the same
shall not exceed twenty thousand pesos (P20,000.00). It is also A. Pleadings allowed. — The only pleadings allowed to be filed are
provided in the Rule that before a complaint for ejectment is filed in the complaints, compulsory counterclaims and cross-claims' pleaded
court, the complainant should first exert effort to settle the matter in the answer, and the answers thereto.
before the lupong tagapamayapa of the barangay where the land or
building is located. If the complainant failed to bring the dispute to B. Verifications. — All pleadings shall be verified.
the lupon, a complaint for ejectment, which is subsequently filed, may
be dismissed (Section 18, The 1991 Revised Rules on Summary Sec. 4. Duty of court. — After the court determines that the case falls
Procedure). under summary procedure, it may, from an examination of the
allegations therein and such evidence as may be attached thereto,
REVISED RULES ON SUMMARY PROCEDURE dismiss the case outright on any of the grounds apparent therefrom
RESOLUTION OF THE COURT EN BANC DATED OCTOBER 15, 1991 for the dismissal of a civil action. If no ground for dismissal is found it
PROVIDING FOR THE REVISED RULE ON SUMMARY PROCEDURE FOR shall forthwith issue summons which shall state that the summary
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, procedure under this Rule shall apply. d-c chanrobles virtual law
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS. library

Pursuant to Section 36 of the Judiciary Reorganization Act of 1980 Sec. 5. Answer. — Within ten (10) days from service of summons, the
(B.P Blg. 129) and to achieve an expeditious and inexpensive defendant shall file his answer to the complaint and serve a copy
determination of the cases referred to herein, the Court Resolved to thereof on the plaintiff. Affirmative and negative defenses not
promulgate the following Revised Rule on Summary pleaded therein shall be deemed waived, except for lack of
Procedure:chanroblesvirtuallawlibrary jurisdiction over the subject matter. Cross-claims and compulsory
counterclaims not asserted in the answer shall be considered barred.
I. The answer to counterclaims or cross-claims shall be filed and served
Applicability within ten (10) days from service of the answer in which they are
Section 1. Scope. — This rule shall govern the summary procedure in pleaded.chanrobles virtual law library chanrobles virtual law library
the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, and the Municipal Circuit Trial Courts in the Sec. 6. Effect of failure to answer. — Should the defendant fail to
answer the complaint within the period above provided, the court,
motu proprio, or on motion of the plaintiff, shall render judgment as when the offense cannot be prosecuted de oficio. chanrobles virtual
may be warranted by the facts alleged in the complaint and limited to law library
what is prayed for therein: Provided, however, that the court may in
its discretion reduce the amount of damages and attorney's fees The complaint or information shall be accompanied by the affidavits
claimed for being excessive or otherwise unconscionable. This is of the compliant and of his witnesses in such number of copies as
without prejudice to the applicability of Section 4, Rule 15 of the Rules there are accused plus two (2) copies for the court's files.If this
of Court, if there are two or more defendants. requirement is not complied with within five (5) days from date of
filing, the care may be dismissed.chanrobles virtual law library
Sec. 7. Preliminary conference; appearance of parties. — Not later chanrobles virtual law library
than thirty (30) days after the last answer is filed, a preliminary
conference shall be held. The rules on pre-trial in ordinary cases shall Sec. 12. Duty of court. — chanrobles virtual law library
be applicable to the preliminary conference unless inconsistent with
the provisions of this Rule.chanrobles virtual law library chanrobles (a) If commenced by compliant. — On the basis of the compliant and
virtual law library the affidavits and other evidence accompanying the same, the court
may dismiss the case outright for being patently without basis or
The failure of the plaintiff to appear in the preliminary conference merit and order the release of the amused if in custody.
shall be a cause for the dismissal of his complaint. The defendant who
appears in the absence of the plaintiff shall be entitled to judgment (b) If commenced by information. — When the case is commenced
on his counterclaim in accordance with Section 6 hereof. All cross- by information, or is not dismissed pursuant to the next preceding
claims shall be dismissed. paragraph, the court shall issue an order which, together with copies
of the affidavits and other evidence submitted by the prosecution,
If a sole defendant shall fail to appear, the plaintiff shall be entitled to shall require the accused to submit his counter-affidavit and the
judgment in accordance with Section 6 hereof. This Rule shall not affidavits of his witnesses as well as any evidence in his behalf, serving
apply where one of two or more defendants sued under a common copies thereof on the complainant or prosecutor not later than ten
cause of action who had pleaded a common defense shall appear at (10) days from receipt of said order. The prosecution may file reply
the preliminary conference. affidavits within ten (10) days after receipt of the counter-affidavits
of the defense.
Sec. 8. Record of preliminary conference. — Within five (5) days after
the termination of the preliminary conference, the court shall issue Sec. 13. Arraignment and trial. — Should the court, upon a
an order stating the matters taken up therein, including but not consideration of the complaint or information and the affidavits
limited to:chanroblesvirtuallawlibrary submitted by both parties, find no cause or ground to hold the
accused for trial, it shall order the dismissal of the case; otherwise,
(a) Whether the parties have arrived at an amicable settlement, and the court shall set the case for arraignment and trial.
if so, the terms thereof;
If the accused is in custody for the crime charged, he shall be
(b) The stipulations or admissions entered into by the parties;. immediately arraigned and if he enters a plea of guilty, he shall
forthwith be sentenced.chanrobles virtual law library chanrobles
(c) Whether, on the basis of the pleadings and the stipulations and virtual law library
admissions made by the parties, judgment may be rendered without
the need of further proceedings, in which event the judgment shall be Sec. 14. Preliminary conference. — Before conducting the trial, the
rendered within thirty (30) days from issuance of the order; court shall call the parties to a preliminary conference during which a
stipulation of facts may be entered into, or the propriety of allowing
(d) A clear specification of material facts which remain controverted; the accused to enter a plea of guilty to a lesser offense may be
and chanrobles virtual law library considered, or such other matters may be taken up to clarify the
issues and to ensure a speedy disposition of the case.However, no
(e) Such other matters intended to expedite the disposition of the admission by the accused shall be used against him unless reduced to
case.chanrobles virtual law library chanrobles virtual law library writing and signed by the accused and his counsel.A refusal or failure
to stipulate shall not prejudice the accused.
Sec. 9. Submission of affidavits and position papers. — Within ten
(10) days from receipt of the order mentioned in the next preceding Sec. 15. Procedure of trial. — At the trial, the affidavits submitted by
section, the parties shall submit the affidavits of their witnesses and the parties shall constitute the direct testimonies of the witnesses
other evidence on the factual issues defined in the order, together who executed the same. Witnesses who testified may be subjected to
with their position papers setting forth the law and the facts relied cross-examination, redirect or re-cross examination. Should the
upon by them.chanrobles virtual law library chanrobles virtual law affiant fail to testify, his affidavit shall not be considered as competent
library evidence for the party presenting the affidavit, but the adverse party
may utilize the same for any admissible purpose.
Sec. 10. Rendition of judgment. — Within thirty (30) days after
receipt of the last affidavits and position papers, or the expiration of Except in rebuttal or surrebuttal, no witness shall be allowed to testify
the period for filing the same, the court shall render judgment. unless his affidavit was previously submitted to the court in
accordance with Section 12 hereof.chanrobles virtual law library
However should the court find it necessary to clarify certain material chanrobles virtual law library
facts, it may, during the said period, issue an order specifying the
matters to be clarified, and require the parties to submit affidavits or However, should a party desire to present additional affidavits or
other evidence on the said matters within ten (10) days from receipt counter-affidavits as part of his direct evidence, he shall so manifest
of said order. Judgment shall be rendered within fifteen (15) days during the preliminary conference, stating the purpose thereof. If
after the receipt of the last clarificatory affidavits, or the expiration of allowed by the court, the additional affidavits of the prosecution or
the period for filing the same. the counter-affidavits of the defense shall be submitted to the court
and served on the adverse party not later than three (3) days after the
The court shall not resort to the clarificatory procedure to gain time termination of the preliminary conference. If the additional affidavits
for the rendition of the judgment. are presented by the prosecution, the accused may file his counter-
affidavits and serve the same on the prosecution within three (3) days
III. from such service.
Criminal Cases
Sec. 16. Arrest of accused. — The court shall not order the arrest of
Sec. 11. How commenced. — The filing of criminal cases falling within the accused except for failure to appear whenever required. Release
the scope of this Rule shall be either by complaint or by information: of the person arrested shall either be on bail or on recognizance by a
Provided, however, that in Metropolitan Manila and in Chartered responsible citizen acceptable to the court.
Cities. such cases shall be commenced only by information, except
Sec. 17. Judgment. — Where a trial has been conducted, the court RULE 70
shall promulgate the judgment not later than thirty (30) days after the FORCIBLE ENTRY AND UNLAWFUL DETAINER
termination of trial.chanrobles virtual law library chanrobles virtual
law library Section 1. Who may institute proceedings, and when.

IV. Subject to the provisions of the next succeeding section, a person

COMMON PROVISIONS deprived of the possession of any land or building by force,
intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee,
Sec. 18. Referral to Lupon. — Cases requiring referral to the Lupon or other person against whom the possession of any land or building
for conciliation under the provisions of Presidential Decree No. 1508 is unlawfully withheld after the expiration or termination of the right
where there is no showing of compliance with such requirement, shall to hold possession, by virtue of any contract, express or implied, or
be dismissed without prejudice and may be revived only after such the legal representatives or assigns of any such lessor, vendor,
requirement shall have been complied with. This provision shall not vendee, or other person, may, at any time within one (1) year after
apply to criminal cases where the accused was arrested without a such unlawful deprivation or withholding of possession, bring an
warrant.chanrobles virtual law library chanrobles virtual law library action in the proper Municipal Trial Court against the person or
persons unlawfully withholding or depriving of possession, or any
Sec. 19. Prohibited pleadings and motions. — The following person or persons claiming under them, for the restitution of such
pleadings, motions or petitions shall not be allowed in the cases possession, together with damages and costs.
covered by this Rule: chanrobles virtual law library
Sec. 2. Lessor to proceed against lessee only after demand.
(a) Motion to dismiss the complaint or to quash the complaint or Unless otherwise stipulated, such action by the lessor shall be
information except on the ground of lack of jurisdiction over the commenced only after demand to pay or comply with the conditions
subject matter, or failure to comply with the preceding section; of the lease and to vacate is made upon the lessee, or by serving
written notice of such demand upon the person found on the
(b) Motion for a bill of particulars; premises, or by posting such notice on the premises if no person be
found thereon, and the lessee fails to comply therewith after fifteen
(c) Motion for new trial, or for reconsideration of a judgment, or for (15) days in the case of land or five (5) days in the case of buildings.
opening of trial;
Sec. 3. Summary procedure.
(d) Petition for relief from judgment; Except in cases covered by the agricultural tenancy laws or when the
law otherwise expressly provides, all actions for forcible entry and
(e) Motion for extension of time to file pleadings, affidavits or any unlawful detainer, irrespective of the amount of damages or unpaid
other paper; chanrobles virtual law library rentals sought to be recovered, shall be governed by the summary
procedure hereunder provided.
(f) Memoranda;
Sec. 4. Pleadings allowed.
(g) Petition for certiorari, mandamus, or prohibition against any The only pleadings allowed to be filed are the complaint, compulsory
interlocutory order issued by the court; counterclaim and cross-claim pleaded in the answer, and the answers
thereto. All pleadings shall be verified.
(h) Motion to declare the defendant in default; chanrobles virtual law
library Sec. 5. Action on complaint.
The court may, from an examination of the allegations in the
(i) Dilatory motions for postponement; complaint and such evidence as may be attached thereto, dismiss the
case outright on any of the grounds for the dismissal of a civil action
(j) Reply; which are apparent therein. If no ground for dismissal is found, it shall
forthwith issue summons.
(k) Third party complaints;
Sec. 6. Answer.
(l) Interventions. Within ten (10) days from service of summons, the defendant shall
file his answer to the complaint and serve a copy thereof on the
Sec. 20. Affidavits. — The affidavits required to be submitted under plaintiff. Affirmative and negative defenses not pleaded therein shall
this Rule shall state only facts of direct personal knowledge of the be deemed waived, except lack of jurisdiction over the subject matter.
affiants which are admissible in evidence, and shall show their Cross-claims and compulsory counterclaims not asserted in the
competence to testify to the matters stated therein. answer shall be considered barred. The answer to counterclaims or
cross-claims shall be served and filed within ten (10) days from service
A violation of this requirement may subject the party or the counsel of the answer in which they are pleaded.
who submits the same to disciplinary action, and shall be cause to
expunge the inadmissible affidavit or portion thereof from the Sec. 7. Effect of failure to answer.
record.chanrobles virtual law library chanrobles virtual law library Should the defendant fail to answer the complaint within the period
above provided, the court, motu proprio or on motion of the plaintiff,
Sec. 21. Appeal. — The judgment or final order shall be appealable shall render judgment as may be warranted by the facts alleged in the
to the appropriate regional trial court which shall decide the same in complaint and limited to what is prayed for therein. The court may in
accordance with Section 22 of Batas Pambansa Blg. 129. The decision its discretion reduce the amount of damages and attorney’s fees
of the regional trial court in civil cases governed by this Rule, including claimed for being excessive or otherwise unconscionable, without
forcible entry and unlawful detainer, shall be immediately executory, prejudice to the applicability of section 3 (c), Rule 9 if there are two
without prejudice to a further appeal that may be taken therefrom. or more defendants.
Section 10 of Rule 70 shall be deemed repealed.
Sec. 8. Preliminary conference; appearance of parties.
Sec. 22. Applicability of the regular rules. — The regular procedure Not later than thirty (30) days after the last answer is filed, a
prescribed in the Rules of Court shall apply to the special cases herein preliminary conference shall be held. The provisions of Rule 18 on
provided for in a suppletory capacity insofar as they are not pre-trial shall be applicable to the preliminary conference unless
inconsistent herewith. chanrobles virtual law library inconsistent with the provisions of this Rule.
The failure of the plaintiff to appear in the preliminary conference
Sec. 23. Effectivity. — This revised Rule on Summary Procedure shall shall be cause for the dismissal of his complaint. The defendant who
be effective on November 15, 1991.chanrobles================== appears in the absence of the plaintiff shall be entitled to judgment
on his counterclaim in accordance with the next preceding section. All
cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff shall likewise be 8. Motion to declare the defendant in default;
entitled to judgment in accordance with the next preceding section.
This procedure shall not apply where one of two or more defendants 9. Dilatory motions for postponement;
sued under a common cause of action who had pleaded a common
defense shall appear at the preliminary conference. 10. Reply;

No postponement of the preliminary conference shall be granted 11. Third-party complaints;

except for highly meritorious grounds and without prejudice to such
sanctions as the court in the exercise of sound discretion may impose 12. Interventions.
on the movant.
Sec. 14. Affidavits.
Sec. 9. Record of preliminary conference. The affidavits required to be submitted under this Rule shall state only
Within five (5) days after the termination of the preliminary facts of direct personal knowledge of the affiants which are
conference, the court shall issue an order stating the matters taken admissible in evidence, and shall show their competence to testify to
up therein, including but not limited to: the matters stated therein.
1. Whether the parties have arrived at an amicable settlement, and if A violation of this requirement may subject the party or the counsel
so, the terms thereof; who submits the same to disciplinary action, and shall be cause to
2. The stipulations or admissions entered into by the parties; expunge the inadmissible affidavit or portion thereof from the record.

3. Whether, on the basis of the pleadings and the stipulations and Sec. 15. Preliminary injunction.
admissions made by the parties, judgment may be rendered without The court may grant preliminary injunction, in accordance with the
the need of further proceedings, in which event the judgment shall be provisions of Rule 58 hereof, to prevent the defendant from
rendered within thirty (30) days from issuance of the order; committing further acts of dispossession against the plaintiff.
A possessor deprived of his possession through forcible entry or
4. A clear specification of material facts which remain controverted; unlawful detainer may, within five (5) days from the filing of the
and complaint, present a motion in the action for forcible entry or
unlawful detainer for the issuance of a writ of preliminary mandatory
5. Such other matters intended to expedite the disposition of the injunction to restore him in his possession. The court shall decide the
case. motion within thirty (30) days from the filing thereof.

Sec. 10. Submission of affidavits and position papers. Sec. 16. Resolving defense of ownership.
Within ten (10) days from receipt of the order mentioned in the next When the defendant raises the defense of ownership in his pleadings
preceding section, the parties shall submit the affidavits of their and the question of possession cannot be resolved without deciding
witnesses and other evidence on the factual issues defined in the the issue of ownership, the issue of ownership shall be resolved only
order, together with their position papers setting forth the law and to determine the issue of possession.
the facts relied upon by them.
Sec. 17. Judgment.
Sec. 11. Period for rendition of judgment. If after trial the court finds that the allegations of the complaint are
Within thirty (30) days after receipt of the affidavits and position true, it shall render judgment in favor of the plaintiff for the
papers, or the expiration of the period for filing the same, the court restitution of the premises, the sum justly due as arrears of rent or as
shall render judgment. reasonable compensation for the use and occupation of the premises,
However, should the court find it necessary to clarify certain material attorney’s fees and costs. If it finds that said allegations are not true,
facts, it may, during the said period, issue an order specifying the it shall render judgment for the defendant to recover his costs. If a
matters to be clarified, and require the parties to submit affidavits or counterclaim is established, the court shall render judgment for the
other evidence on the said matters within ten (10) days from receipt sum found in arrears from either party and award costs as justice
of said order. Judgment shall be rendered within fifteen (15) days requires.
after the receipt of the last affidavit or the expiration of the period for
filing the same. Sec. 18. Judgment conclusive only on possession; not conclusive in
actions involving title or ownership.
The court shall not resort to the foregoing procedure just to gain time The judgment rendered in an action for forcible entry or detainer shall
for the rendition of the judgment. be conclusive with respect to the possession only and shall in no wise
bind the title or affect the ownership of the land or building. Such
Sec. 12. Referral for conciliation. judgment shall not bar an action between the same parties respecting
Cases requiring referral for conciliation, where there is no showing of title to the land or building.
compliance with such requirement, shall be dismissed without The judgment or final order shall be appealable to the appropriate
prejudice, and may be revived only after that requirement shall have Regional Trial Court which shall decide the same on the basis of the
been complied with. entire record of the proceedings had in the court of origin and such
memoranda and/or briefs as may be submitted by the parties or
Sec. 13. Prohibited pleadings and motions. required by the Regional Trial Court.
The following petitions, motions, or pleadings shall not be allowed:
1. Motion to dismiss the complaint except on the ground of lack of Sec. 19. Immediate execution of judgment; how to stay same.
jurisdiction over the subject matter, or failure to comply with section If judgment is rendered against the defendant, execution shall issue
12; immediately upon motion, unless an appeal has been perfected and
2. Motion for a bill of particulars; the defendant to stay execution files a sufficient supersedeas bond,
approved by the Municipal Trial Court and executed in favor of the
3. Motion for new trial, or for reconsideration of a judgment, or for plaintiff to pay the rents, damages, and costs accruing down to the
reopening of trial; time of the judgment appealed from, and unless, during the pendency
of the appeal, he deposits with the appellate court the amount of rent
4. Petition for relief from judgment; due from time to time under the contract, if any, as determined by
the judgment of the Municipal Trial Court. In the absence of a
5. Motion for extension of time to file pleadings, affidavits or any contract, he shall deposit with the Regional Trial Court the reasonable
other paper; value of the use and occupation of the premises for the preceding
month or period at the rate determined by the judgment of the lower
6. Memoranda; court on or before the tenth day of each succeeding month or period.
The supersedeas bond shall be transmitted by the Municipal Trial
7. Petition for certiorari, mandamus, or prohibition against any Court, with the other papers, to the clerk of the Regional Trial Court
interlocutory order issued by the court; to which the action is appealed.
All amounts so paid to the appellate court shall be deposited with said
court or authorized government depositary bank, and shall be held
there until the final disposition of the appeal, unless the court, by
agreement of the interested parties, or in the absence of reasonable
grounds of opposition to a motion to withdraw, or for justifiable
reasons, shall decree otherwise. Should the defendant fail to make
the payments above prescribed from time to time during the
pendency of the appeal, the appellate court, upon motion of the
plaintiff, and upon proof of such failure, shall order the execution of
the judgment appealed from with respect to the restoration of
possession, but such execution shall not be a bar to the appeal taking
its course until the final disposition thereof on the merits.

After the case is decided by the Regional Trial Court, any money paid
to the court by the defendant for purposes of the stay of execution
shall be disposed of in accordance with the provisions of the judgment
of the Regional Trial Court. In any case wherein it appears that the
defendant has been deprived of the lawful possession of land or
building pending the appeal by virtue of the execution of the
judgment of the Municipal Trial Court, damages for such deprivation
of possession and restoration of possession may be allowed the
defendant in the judgment of the Regional Trial Court disposing of the
appeal.

Sec. 20. Preliminary mandatory injunction in case of appeal.

Upon motion of the plaintiff, within ten (10) days from the perfection
of the appeal to the Regional Trial Court, the latter may issue a writ of
preliminary mandatory injunction to restore the plaintiff in
possession if the court is satisfied that the defendant’s appeal is
frivolous or dilatory, or that the appeal of the plaintiff is prima facie
meritorious.
Sec. 21. Immediate execution on appeal to Court of Appeals or
Supreme Court.
The judgment of the Regional Trial Court against the defendant shall
be immediately executory, without prejudice to a further appeal that
may be taken therefrom.