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The Legal Side of Real Estate


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On 8/12/2023 at 4:00 PM, keenpee said:

need info lang again about this.

case is tagged as accion reivindicatoria by the judge.

 

the illegal possessors are using adjacent lot's documents which they are legal tenants to occupy and claim they are rightful possessors of our lots. 

we were not able to do physical lot surveys because the illegal settlers are threatening us even with barangay assistance.

our atty based their occupancy via four tax declarations which specifically stated that their improvements are on our lots. 

 

we were not able also to ask permission from court to do so. and the case was submitted for decision

 

my question is will the survey be vital that since we were not able to present it. will our case be dismissed or sapat na that the four tax dec stated it? also the defendants also admitted and claim that they are rightful possessors of our lots.

Sinabi nyo kasi Sir na may Titulo kayo. Hindi po kasi kayo magkaka titulo kung walang survey plan ng lupa na covered nung title. Kaya medyo naguguluhan po ako sa sinasabi nyo na need nyo ulit magpansurvey.

Baka po kasi relocation of boundaries ang gusto nyo sana gawin. So bakit di nyo na lang po balikan yung geodetic engr na gumawa ng survey plan na ginamit sa pagpapatitulo nung lupa. At pwede din po na nagpunta kayo sa LRA sana to inquire about such survey plan. 

yun po kasing tax declaration is not proof of ownership. At lalo naman pong hindi sya sapat na ebidensya to prove the boundaries unless may iba pang susuporta dito.

gaya nga po ng una ko ng nasabi, kahit may claim po sila ng adverse possession, basta yung titulo nasa pangalan nyo, at wala silng titulo, kayo po ang dapat manalo sa kaso. Pero kung nakuha nyo po yung titulo dahil sa fraud o panlilinlang o panloloko o kahit na dahil sa isang pagkakamali, mapapa walng saysay po iyun at matatalo kayo lalo na kapag napatunayan yun ng klaban nyo

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  • 2 weeks later...
On 8/17/2023 at 10:49 PM, Mar16 said:

Sinabi nyo kasi Sir na may Titulo kayo. Hindi po kasi kayo magkaka titulo kung walang survey plan ng lupa na covered nung title. Kaya medyo naguguluhan po ako sa sinasabi nyo na need nyo ulit magpansurvey.

Baka po kasi relocation of boundaries ang gusto nyo sana gawin. So bakit di nyo na lang po balikan yung geodetic engr na gumawa ng survey plan na ginamit sa pagpapatitulo nung lupa. At pwede din po na nagpunta kayo sa LRA sana to inquire about such survey plan. 

yun po kasing tax declaration is not proof of ownership. At lalo naman pong hindi sya sapat na ebidensya to prove the boundaries unless may iba pang susuporta dito.

gaya nga po ng una ko ng nasabi, kahit may claim po sila ng adverse possession, basta yung titulo nasa pangalan nyo, at wala silng titulo, kayo po ang dapat manalo sa kaso. Pero kung nakuha nyo po yung titulo dahil sa fraud o panlilinlang o panloloko o kahit na dahil sa isang pagkakamali, mapapa walng saysay po iyun at matatalo kayo lalo na kapag napatunayan yun ng klaban nyo

Ty very much po. Ok lang po magfoolow up? After three months na kasi po. Di naman mainis ung court na inaapura sila? Thnx

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On 8/30/2023 at 6:03 PM, keenpee said:

Ty very much po. Ok lang po magfoolow up? After three months na kasi po. Di naman mainis ung court na inaapura sila? Thnx

Ok lang po yun. Karapatan nyo po yun Sir. Pero karaniwang sasabihin sa inyo eh wala pa at hindi naman po kasi nila pwede ilabas kung may draft man na yung decision. Kausapin nyo din po yung abogado nyo. Kasi sya din dapat nagbibigay ng update sa inyo.

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  • 3 weeks later...

Hello, I would like to ask for some legal advise if that is okay.

BACKSTORY: My dad and mom are separated. My mom said that they have a legal separation ruling but I still haven't read it. My dad has been living/staying in our family home with another "partner". They now have a kid with the birth certificate simulated to make it appear that they are the biological parents.

My dad said that he will be leaving/giving our family home to his new partner and kid. My siblings and I do not agree with this decision and are leaning to contest it. There are other properties that my dad may have given to his partner and kid already. And that is alright, we just are concerned with the family home that me and my sibling grew up on.

QUESTION: What legal document and action can we take to make sure that the title is not transferred? We had it checked in RD and it is still in the name of my dad. And... does my mom still have ownership of the property as well even if they were legally separated? 

Thank you, I hope you can shed light in our situation.  Thanks!

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On 9/20/2023 at 1:44 PM, jackingdash said:

Hello, I would like to ask for some legal advise if that is okay.

BACKSTORY: My dad and mom are separated. My mom said that they have a legal separation ruling but I still haven't read it. My dad has been living/staying in our family home with another "partner". They now have a kid with the birth certificate simulated to make it appear that they are the biological parents.

My dad said that he will be leaving/giving our family home to his new partner and kid. My siblings and I do not agree with this decision and are leaning to contest it. There are other properties that my dad may have given to his partner and kid already. And that is alright, we just are concerned with the family home that me and my sibling grew up on.

QUESTION: What legal document and action can we take to make sure that the title is not transferred? We had it checked in RD and it is still in the name of my dad. And... does my mom still have ownership of the property as well even if they were legally separated? 

Thank you, I hope you can shed light in our situation.  Thanks!

Just to give you some information. 
 

1. Legal Separation means that a husband and wife can live separately but are still married to each other. In relation to the new kid of you dad, he/she will be considered as an illegitimate kid and only entitled to half of your share of your legitime as heirs of your dad. 

The properties of your father MAY be transferred to other people if it is by way of a sale. If it’s via donation, it must not affect your share of the “mana”. 
 

2. If there is a decision for Legal Separation then there is a guilty spouse. The guilty spouse will then have no rights over the net profits of the conjugal properties of your Mom and Dad. Better check if there is a decision regarding this as said by your Mom. 
 

3. Better consult a lawyer for any action you can file against the transfer of the properties of your Dad to his new partner and kid. 

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On 9/21/2023 at 9:21 PM, anaximander23 said:

Just to give you some information. 
 

1. Legal Separation means that a husband and wife can live separately but are still married to each other. In relation to the new kid of you dad, he/she will be considered as an illegitimate kid and only entitled to half of your share of your legitime as heirs of your dad. 

The properties of your father MAY be transferred to other people if it is by way of a sale. If it’s via donation, it must not affect your share of the “mana”. 
 

2. If there is a decision for Legal Separation then there is a guilty spouse. The guilty spouse will then have no rights over the net profits of the conjugal properties of your Mom and Dad. Better check if there is a decision regarding this as said by your Mom. 
 

3. Better consult a lawyer for any action you can file against the transfer of the properties of your Dad to his new partner and kid. 

Thank you very much sir for your insights. I appreciate it. May I ask if there are means to "flag" our parent's properties to avoid it being sold?

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  • 3 weeks later...
On 9/2/2023 at 11:57 AM, Mar16 said:

Ok lang po yun. Karapatan nyo po yun Sir. Pero karaniwang sasabihin sa inyo eh wala pa at hindi naman po kasi nila pwede ilabas kung may draft man na yung decision. Kausapin nyo din po yung abogado nyo. Kasi sya din dapat nagbibigay ng update sa inyo.

ty po. nagfollow up ung atty namin end of aug. wala pa daw decision. and also up to now wala pa. ganon ba katagal usually?

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3 hours ago, keenpee said:

ty po. nagfollow up ung atty namin end of aug. wala pa daw decision. and also up to now wala pa. ganon ba katagal usually?

Medyo matagal po talaga yan Sir. Baka abutin po yan ng taon kahit for decision na. Medyo marami po kaso ang hawag ng mga korte na kaso. Tapos yung judge lang po ang gumagawa ng decision although minsan tinutulungan din sya ng clerk of court. Pero matagal po talaga. Hintayon nyo lang po yung decision, kung gaano po ktagal, depende po talaga sa dami ng kaso na hawak ng korte.

Isipin nyo po, yung lahat ng kasabay nyong kaso kapag may hearing kayo, isang araw pa lang po yun na dami ng kaso na hawak nila.

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  • 4 weeks later...
On 11/6/2023 at 7:58 PM, ryandbest said:

Hello po in terms of paupahan naman po. Kunyare 3 months na hindi nagbabayad ng renta tubig ilaw, makakasuhan ba ako ng case kung putulan ko ng kuryentet tubig? Thanks in advance

Hindi po sila nagbabayad ng kuryente at tubig, so bakit po sila pa ang magpa-file ng kaso laban sa inyo? Medyo kalabisan n yata yun kung ganon nga ang mangyari.

Ang usapan po ba niyo eh libre sila sa lahat? Balikan nyo po kung anong nakasulat sa kontrata nyo. Andun usually ang mga pweds nyong remedyo jan.

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  • 2 months later...

My sister who lives abroad is selling her property in Bulacan. The TCT title is registered under her name "married to" husband who is not a Philippines citizen. She is too busy to travel to the Philippines and handle the sale of the property (empty lot) and just wants to execute a special power of attorney to assign me all the rights to sell the land on her behalf. How would a SPA work in this case since she is married to a non Filipino citizen? Would a normal SPA work since foreigners cannot own land in the Philippines?

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