Short answer. Not for a mere act of trespass. Article 1664 leaves that to the tenant, who has a direct action against the intruder. But the article defines trespass narrowly: there is a mere act of trespass only when the third person claims no right whatever over the property.
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. 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 →
The line the article draws
Article 1664 provides that 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. There is a mere act of trespass when the third person claims no right whatever. The definition in the last sentence is the whole of the provision's practical content. It sorts intrusions by what the intruder says about his own position, not by how much damage he does or how long he stays.
Trespass in fact, disturbance in law
Someone who simply occupies a corner of the yard, dumps materials on the lot or cuts across the property asserts nothing; he is a trespasser and the tenant deals with him. Someone who says the land is his, or that he holds a right of way, an earlier lease or a mortgage over it, is making a claim of right. That is not a mere act of trespass, and it engages the lessor, because what is being disturbed is the title and the peaceful enjoyment he undertook to provide rather than your day-to-day possession. Ask the intruder to state his basis, in writing if possible.
What the landlord still owes you
Article 1664 is a limit on the lessor's liability, not a discharge of it. Article 1654 obliges him to maintain the lessee in the peaceful and adequate enjoyment of the lease for its entire duration, and that is the obligation a claim of right interferes with. Where he fails to act, Article 1658 lets the lessee suspend payment of rent where the lessor does not maintain him in peaceful and adequate enjoyment of the property leased, and Article 1659 allows the aggrieved party to seek rescission with damages, or damages alone while keeping the lease alive.
What to do on the ground
Report the intrusion to the landlord in writing as soon as it happens. Article 1663 makes that a duty rather than a courtesy: the lessee must inform the owner within the shortest possible time of every usurpation or untoward act a third person has committed or is openly preparing to carry out, and is liable for damage the owner suffers through his negligence in failing to do so. Keep the dated photographs, the barangay blotter entry and any document the intruder produced, because that document is usually what decides which side of the line the case falls on.
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 →
Related provisions
- Civil Code, Article 1664 — Trespass by a Third Person
- Civil Code, Article 1654 — Obligations of the Lessor
- Civil Code, Article 1658 — Suspension of Rent
- Civil Code, Article 1663 — Lessee's Duty to Notify