Short answer. No, not for a mere trespass. Civil Code Article 1664 says a landlord is not obliged to answer for a mere act of trespass by a third person who claims no right at all to the property. You, as the tenant, have a direct action against the intruder yourself, not against your landlord.
What the law says
The lessor is not obliged to answer for a mere act of trespass which a third person may cause on the use of the thing leased; but the lessee shall have a direct action against the intruder.
Civil Code, Article 1664 — Trespass by a Third Person. Read the full provision →
What the law says
There is a mere act of trespass when the third person claims no right whatever.
Civil Code, Article 1664 — Trespass by a Third Person. Read the full provision →
Why a mere trespass is not the landlord's problem
Article 1664 draws a clean line: the lessor is not obliged to answer for a mere act of trespass which a third person may cause on the use of the thing leased; but the lessee shall have a direct action against the intruder. The reasoning is that your landlord leased you the property and put you in a position to use it; a stranger interfering with that use, without claiming any right to the property, is a wrong done to you as the occupant, not a failure by the landlord to deliver what was leased.
What makes it a "mere" trespass
The article defines the term precisely: there is a mere act of trespass when the third person claims no right whatever. So this rule covers someone who has no claim of ownership, tenancy or any other right to the property and is simply intruding — a person cutting through, squatting briefly, or otherwise disturbing your use without asserting any entitlement to be there. That is different from someone asserting an actual competing right to the property, which this article does not address.
Your own remedy against the intruder
Because the law gives you, the tenant, a direct action against the intruder, you do not need your landlord's cooperation to act. You can pursue the stranger yourself for disturbing your possession, using whatever action the law provides a possessor against someone interfering with their use of a property. This is your right as the person actually in possession, separate from whatever relationship exists between you and your landlord under the lease.
What to do when it happens
Document the trespass as it occurs — dates, what the intruder did, and any damage or disruption caused. You can still tell your landlord, since ongoing intrusions may affect the property generally, but do not assume the lease itself gives you a claim against your landlord for a stranger's conduct. If the disruption is serious or repeated, bring your documentation to a lawyer to discuss the direct action against the intruder that Article 1664 preserves for you.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- G.Q. Garments, Inc. vs. Angel Miranda, et al, G.R. No. 161722, July 20, 2006 — read the decision on LawPhil →
- Chua Tee Dee, et al. vs. Court of Appeals, et al, G.R. No. 135721, May 27, 2004 — read the decision on LawPhil →