brownbomber

Thus, #3 of the land reform no longer applies to the situation because I do not consent to the relationship.

 

 

Sorry, no dice. If that was the case, it would be very easy to eject tenants. Just transfer the land to somebody else who will claim that they no longer consent to the relationship.As a transferee, you are bound by whatever agreements your predecessor entered into with the tenant. Dapat, before they transferred the property, pinaalis na nila yung caretaker. That is the reason why buyers of agricultural land always insist that tenants be evicted/removed prior to their buying the property.

Thank you very much for the info. I guess the easiest option is to just pay the tenant. He is asking for 200k php. Is that a fair price? Thank you sir!

1. First things first... how did you inherit the land? (unang gagawin ng caretaker, tatanungin - ano ang karapatan mo sa lupa?)

 

i. Kung sa pamamagitan ng will, ayon sa Art. 838 ng Civil Code, "[n]o will shall pass either real or personal property unless it is prove and allowed in accordance with the Rules of Court."

 

Ang ibig lang sabihin nito, bago magamit ang will na basehan ng pagmamana, kailangan aprubahan muna ito ng korte. Hangga't di ito dumadaan sa korte, di mo maaaring sabihin na namana mo na yung lupa. In other words, pwedeng pagmatigasan ng caretaker na wala kang karapatan na mag-astang may-ari.

 

ii. Kung walang will, kailangan meron kang extra-judicial settlement na pirmado ng lahat ng tagapagmana, kung saan nagkakasundo na yung lupa ang parte mo sa mana (ibig sabihin patay na ang magulang mo at tumatayo ka sa kanilang kapakanan).

 

iii. Kung walang will at buhay pa ang iyong magulang, ibig sabihin binibigay ng mga tagapagmana sa iyo ang lupa. Kailangan meron kang Deed of Donation, nakasulat, notaryado.

 

iv. Kung walang will, at walang kasunduan (extra-judicial settlement) sa mga tagapagmana, kailangan may Court Order ka na hawak kung saan ibinabahagi sa iyo ng hukuman yung lupa (resulta ng paghahabla for partition or for settlement of estate).

 

v. Kung buhay pa ang grandparents mo, hindi ito inheritance. You'd still need a notarized Deed of Donation.

 

ANDAMI PALANG IISIPIN ANO!

 

 

2. Assuming na ikaw na nga ang may-ari ng lupa, and that you have documentary evidence supporting your claim of ownership... ANG PROBLEMA MO land reform!

 

Ayon sa batas, ang agricultural tenant ay may security of tenure, in other words hindi basta-basta napapalayas ang nagsasaka sa lupa mo.

 

Para maging agricultural tenant, kailangang present ang sumusunod:

 

1) the parties are the landowner and the tenant or agricultural lessee;

2) the subject matter of the relationship is agricultural land;

3) there is consent between the parties to the relationship;

4) the purpose of the relationship is to bring about agricultural production;

5) there is personal cultivation on the part of the tenant or agricultural lessee; and

6) the harvest is shared between the landowner and the tenant or agricultural lessee.

 

Sa pagbabasa ng kuwento mo, lahat ng elements na ito ay present.

1) Your grandparents were the landowners, the caretaker is their tenant

2) the 5-hectare property appears to be agricultural land

3) your grandparents consented to the relationship, the caretaker having been there for the past 20+ years without protest on their part

4) one of the purposes why the tenant is there is for farming, as he has been farming the land

5) the caretaker has been personally cultivating the land

6) he pays a small amount monthly to your grandparents for the use of the land.

 

Kung tenant siya, di mo na siya mapapalayas unless there is a ground for his eviction (failure to comply with terms of contract, use for purposes other than that agreed upon, non-payment of rentals, damage to the land thru his fault, sublease of the land). At kailangan mong maghabla muna sa DARAB.

 

Ano ngayon ang option mo. Pwedeng i-waive ng tenant yung karapatan niya sa lupa. PAPAANO?

 

Bayaran mo siya, either by giving him a portion of the land in exchange for giving up his rights as a tenant, or by paying him a large enough sum of money that he agrees to give up his rights as a tenant.

 

In ending, THERE IS NO LAW REQUIRING you to pay or give up land. But if you want to get rid of your tenant, these are some of the usual ways to get him to agree to move

Thank you very much for the detailed explanation. Was very well written and though out. I really appreciate it.

The land was given to me as a present after i graduated and all the titles were transferred to my name legally.

Now, since the land is now in my name, I would assume that any agreement that my grandparents and the caretaker had, written or unwritten, must be redone now that they are no longer the rightful owners.

Thus, #3 of the land reform no longer applies to the situation because I do not consent to the relationship.

Do my arguments make sense? Sorry from a medical background haha

hello all mtc lawyers and affiliates,

So i just inherited some land from my grandparents. around 5 hectares worth so i know it's worth some money. when i went to survey the place, i was introduced to the caretaker that's been living on the land for the last 20+ years. Now that the land is being transferred to me, I would like to ask him to pack up his things and leave. He has been using the land for his own personal farming and has been paying a small amount to my grandparents at the beginning of each month. However, my relative have been telling me that i must either, 1. give him a small portion of the land or 2. pay him a large amount of money in order for him to leave. but i'm thinking is that he was using land that was not his in the first place to support himself and his family for all these years. i feel like that should be compensation enough. are there actual laws that require me to pay him or give him land? thanks all

Hi mga paps and to the medical experts jan, I had some unpleasant experience a year ago which is unprotected sex. I had some STD symptoms and some are HIV symptoms. I got tested numerous times and fortunately all results are negative. Even without findings, the doctors I went to prescribed many antibiotics, I even had an intravenous antibiotics (3rd and 4th generations). Up to this day, I'm still scared as sh*t. My life turned upside down, even resulting to quit my job. The other day, a pimple-ish thing grew on my scrotum and it's the third time since my encounter. I'm worried and I don't know what to do - should I really be worried?

 

I had numerous lab tests and even unrelated tests:

- HIV 3 times (3 days after the encounter, 86 days after, and 4 months after) - I am planning to do another test by the end of this year once and for all

- syphilis - about 5-6 times

- whole abdomen CT scan, and ultrasound

- HGoT and HGpT (liver/hepa testing) 3 -4 times

-numerous ultrasound on the kidney and bladder due to change in the way I urinate

-urinalysis - about 10-15 times

-lipid profile, FBS, diabetes test, treadmill test, ECG, 24 hour holter monitoring, and other tests

-my urologist said I have a prostatitis but I misunderstood him when he did some prostate test. I though he was referring to the abdominal pain but instead, he was referring to the prostate pain when he did the prostate test. Unfortunately I said 7 out of 10 (10 being the highest), supposedly zero. I took 1 month antibiotic treatment for the prostatitis. This is due to the irregular urination and abdominal pain.

-seminal fluid test

 

I was not tested for HPV or any other STD test I am not aware of. Are there any test which I should be taking? I know I'm a bit paranoid but it really took some psychological effect on me, up to this day

What does the lesion on your scrotum look like? Is there pus?

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also, clarkson is a natural scoring guard with passing ability, not a point guard.

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Th filipino community is thought to be one of the most respectful people in the world......until a line forms

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whats the history? recent or chronic? any other symptoms such as pruritus or discharge?

any episodes of unprotected sex lately?

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