The Legal Side of Real Estate

[TheSmilingBandit]

good day sir, i would like to ask some follow up questions regarding eviction/sheriff again. according to my mom, our lawyer told her that someone from the sheriff department tried delivering the notice to the other party but the other party supposedly went out of town. my mom called up an acquiantance who's a neighbor of the other party and they confirmed that the guy didn't go out of town coz they see the guy and his family coming home everyday. my mom feels that the sheriff might be lying especially after getting paid already so our lawyer will talk to them soon. my questions are:

 

1. is it possible that the other party couldve bribed the sheriff to buy some time?

2. is it possible for a sheriff to never fulfill their duty or intentionally delay it after getting paid of the sheriff's fee (coz my mom said that they won't move unless they get paid of the fee first perhaps our lawyer told her that)?

3. what measures can be taken should the other party refuse to receive the notice?

4. what's the best thing to do in this situation and is the delay even normal?

 

thanks for any info.

Well this is the Philippines, and of course it is possible that the sheriff could have been bribed or is otherwise too lazy to act, though of course you could complain (not that it'll do much good). The best solution is to take a video of the other party and his family going home together with a newspaper so that the date is clearly seen. You could hire a detective agency to do the surveillance for you or perhaps do it yourselves, then show this to the sheriff's office. Alternatively, you could petition the judge for permission to replace the lock on the door. For a cheaper solution, don't replace the lock on the door, just add new locks (the type that is secured by padlocks) to the doors so they can't get in.

[wildswans]

Well this is the Philippines, and of course it is possible that the sheriff could have been bribed or is otherwise too lazy to act, though of course you could complain (not that it'll do much good). The best solution is to take a video of the other party and his family going home together with a newspaper so that the date is clearly seen. You could hire a detective agency to do the surveillance for you or perhaps do it yourselves, then show this to the sheriff's office. Alternatively, you could petition the judge for permission to replace the lock on the door. For a cheaper solution, don't replace the lock on the door, just add new locks (the type that is secured by padlocks) to the doors so they can't get in.

 

so far i heard from the neighbors that the other party is starting to move out and i think they are aware already of the sheriff. i just hope everything will be ok soon. thank you again sir for the advice.

[wildswans]

bad news sir..i think the other party started packing his things coz he got the eviction notice but the problem is, he filed a motion according to our lawyer. my parents didn't know what the motion is all about yet but probably to dismiss the case. can the other party file a motion after receiving the eviction notice? also, according to our lawyer, even if the other party received the eviction notice and the 5 day given to him has expired, we still need to wait for the judge's go signal before we could proceed with the eviction. is this true? how long does this kind of case last before it can be resolve? i was telling my parents to bribe the judge so that he or she will automatically grant the eviction and dismissing all motion but my parents are hesitant coz it might cost a lot and also might lead to consequences. damn this is getting frustrating.

[TheSmilingBandit]

bad news sir..i think the other party started packing his things coz he got the eviction notice but the problem is, he filed a motion according to our lawyer. my parents didn't know what the motion is all about yet but probably to dismiss the case. can the other party file a motion after receiving the eviction notice? also, according to our lawyer, even if the other party received the eviction notice and the 5 day given to him has expired, we still need to wait for the judge's go signal before we could proceed with the eviction. is this true? how long does this kind of case last before it can be resolve? i was telling my parents to bribe the judge so that he or she will automatically grant the eviction and dismissing all motion but my parents are hesitant coz it might cost a lot and also might lead to consequences. damn this is getting frustrating.

If he has already began packing his things, enforce the ruling of the judge, how many days did the judge give him to leave the premises? Bribing a judge in a case you've already won is a waste of money.

[wildswans]

If he has already began packing his things, enforce the ruling of the judge, how many days did the judge give him to leave the premises? Bribing a judge in a case you've already won is a waste of money.

 

actually i don't understand what's going on anymore. after i got the news of the impending sheriff i thought it would be over soon but suddenly this person decided to file some kind of motion to, i think, dismiss the case. i heard the person even went to our lawyer personally to hand over a copy of the motion then a hearing took place and our lawyer told the judge we won't be giving the other party another chance to pay up since its been a year of broken promises so the judge said to wait for his verdict. after a week my mom made a follow up with our lawyer but she was told that it would take 3 weeks.

 

i'm not an expert with the law regarding this case much more the relationship between a lawyer and a client but i somehow feel that our lawyer is not aggressive enough. sometimes i feel like our lawyer is like a govt employee that need to be bribe to move. i don't know if they are just busy or they are just slow. last time i asked my mom about the case, she hesitantly told me that it will take 3 weeks then i told her we can enforce the ruling of the judge(as you mentioned) and she just told me the other party filed a motion so we can't do anything about it at the moment but wait it out. i told her how i feel about our lawyer and she just said maybe they are busy with other case and it's not that quick. i feel that my mom doesn't want to go into details with me or my brother coz sometimes we can't control our temper when things are damn slow so i think my mom is already frustrated and doesn't want to hear us rant anymore hence my lack of knowledge of what's going on. now, i tried not to ask anymore so as not to put additional stress but i wish the damn case will start moving. goddamn it, sometimes i get so pissed at the slow pace that i actually thought of doing something illegal to the other person just to get this over with but i'm worried that it might have a negative effect on my parents. sorry for the rant but i feel i need to vent.

[TheSmilingBandit]

Well the wheels of justice in the Philippines often needs "grease" to move. Otherwise it is lubricated with glue. One of the properties I'm handling now has been in court for over 37 years, the original complainants have already died and the 2nd generation of complainants are already grandparents themselves.

[maxgreg]

good day to all. we have a land that was owned by my grandfather. he was not able to transfer the ownership to his 2 children, one of which is my father, until he died. the original title was being kept by my uncle, one of the 2 children until the current day, who took it to himself to pay the taxes even when my grandfather was still alive. does my father lose his right to the land just because he did not come up with any money to pay the required taxes for many years? what happens when my father and uncle pass away too without being able to transfer the land under their names. How do we, as the grandchildren sort the ownership of this land?...i'd appreciate your expert advice....many thanks!

[oliverjohnholmes]

just a question...

 

in a contract of lease, where the owner has visitorial rights over the property pending notice to lessor and yet visits or sends his agent to the property without previous notice, is this violation enough to rescind the contract?

 

i mean, there should be notice given to holder of the property that a visit would be conducted, but the owner persists on coming over without any notice. is this sufficient right for the renter to rescind the contract?

 

will await your comments.

 

thanks

 

OJH

[rocco69]

1. does my father lose his right to the land just because he did not come up with any money to pay the required taxes for many years?

 

No. Your uncle does not become the sole owner of the property just because he was the one paying taxes. all that he has is a right to be reimbursed for the share of the taxes that should have been paid by your father (see Art. 488, Civil Code).

 

 

2. what happens when my father and uncle pass away too without being able to transfer the land under their names. How do we, as the grandchildren sort the ownership of this land?

 

you'll have to partition the property among yourselves, 1/2 of the property going to your uncle's heirs (plus the right to be reimbursed for 1/2 of the amount of taxes he has paid), the other half to your father's heirs. notably, you'll have to likewise settle the estate of your grandfather, since the property originally came from him. all of these will require the payment of estate taxes (plus the penalties and interest that have accrued) due on the estate of your deceased grandfather, as well as the estate taxes due on the estate if your father and uncle. also, transfer tax, documentary stamp taxes, etc.

 

it would be better to have the property transferred to your father and uncle's name NOW while they are still alive to avoid complications later on (as well as to stop the running of BIR penalty charges and interest). if the grandfather died without a will, they can now extrajudicially settle the estate of their father.

 

 

 

 

good day to all. we have a land that was owned by my grandfather. he was not able to transfer the ownership to his 2 children, one of which is my father, until he died. the original title was being kept by my uncle, one of the 2 children until the current day, who took it to himself to pay the taxes even when my grandfather was still alive. does my father lose his right to the land just because he did not come up with any money to pay the required taxes for many years? what happens when my father and uncle pass away too without being able to transfer the land under their names. How do we, as the grandchildren sort the ownership of this land?...i'd appreciate your expert advice....many thanks!

Edited September 28, 2010 by rocco69

[rocco69]

Comments on Art. 1191 say that "rescission will not be permitted for a slight or casual breach of the contract, but only for such breaches as are so substantial and fundamental as to defeat the object of the parties in making the agreement." violation of notice as regards the exercise of visitorial rights would fall under this rule, being a slight breach of the contract only, relating only to an incidental matter regarding the leased premises, not the very object of the contract.

 

just a question...

 

in a contract of lease, where the owner has visitorial rights over the property pending notice to lessor and yet visits or sends his agent to the property without previous notice, is this violation enough to rescind the contract?

 

i mean, there should be notice given to holder of the property that a visit would be conducted, but the owner persists on coming over without any notice. is this sufficient right for the renter to rescind the contract?

 

will await your comments.

 

thanks

 

OJH

[TheSmilingBandit]

good day to all. we have a land that was owned by my grandfather. he was not able to transfer the ownership to his 2 children, one of which is my father, until he died. the original title was being kept by my uncle, one of the 2 children until the current day, who took it to himself to pay the taxes even when my grandfather was still alive. does my father lose his right to the land just because he did not come up with any money to pay the required taxes for many years? what happens when my father and uncle pass away too without being able to transfer the land under their names. How do we, as the grandchildren sort the ownership of this land?...i'd appreciate your expert advice....many thanks!

1. does my father lose his right to the land just because he did not come up with any money to pay the required taxes for many years?

 

No. Your uncle does not become the sole owner of the property just because he was the one paying taxes. all that he has is a right to be reimbursed for the share of the taxes that should have been paid by your father (see Art. 488, Civil Code).

 

2. what happens when my father and uncle pass away too without being able to transfer the land under their names. How do we, as the grandchildren sort the ownership of this land?

 

you'll have to partition the property among yourselves, 1/2 of the property going to your uncle's heirs (plus the right to be reimbursed for 1/2 of the amount of taxes he has paid), the other half to your father's heirs. notably, you'll have to likewise settle the estate of your grandfather, since the property originally came from him. all of these will require the payment of estate taxes (plus the penalties and interest that have accrued) due on the estate of your deceased grandfather, as well as the estate taxes due on the estate if your father and uncle. also, transfer tax, documentary stamp taxes, etc.

 

it would be better to have the property transferred to your father and uncle's name NOW while they are still alive to avoid complications later on (as well as to stop the running of BIR penalty charges and interest). if the grandfather died without a will, they can now extrajudicially settle the estate of their father.

On a side note, you can also try to make a deal with the BIR because odds are, if its been over 5 years, the estate tax and penalties accruing may be higher than the value of the property.

[canonnite]

Good morning po sa mga Legal Minds ng MTC,

 

Hihingi po sana ako ng advice kung ano ang mabuting gawin, tungkol sa pagbili namin ng lote.

Ang subdivision po ay located sa Antipolo. Pero hindi pa po ito nade-develop. Pag pumunta po kayo doon ay puro damo at mga punongkahoy ang makikita nyo. Wala pa pong anomang kalsada. Ang total land area po ng subdivision ay 9 hectares.

Ibinebenta po nila ito sa paraang kung tawagin ay "pre-selling".

Napakamura po ng downpayment, 5,000.00 pesos lang po. Ang monthly po 650.00 pesos lang, payable in 25 years.

Ang regular cut na lupa ay 40 square meters "with title" daw po ito. Sabi po sa kanilang leaflet ito po ay "thru: COMMUNITY MORTGAGE PROGRAM".Lote lang po ang ibinebenta nila, wala pong house construction na kasama.

May resibo naman pong ini-issue, may TIN no. naman po sa resibo.

January,2011 daw po ang start ng pag-develop.

 

Paano po kaya namin matitiyak na hindi "scam" o lokohan ito?

Saan pong opisina o sangay ng gobyerno pwedeng i-verify ang legalidad ng pagbebentang ito?

Maraming salamat po sa sinomang sasagot sa mga tanong na ito.

Edited October 8, 2010 by canonnite

[Dr_PepPeR]

Good morning po sa mga Legal Minds ng MTC,

 

Hihingi po sana ako ng advice kung ano ang mabuting gawin, tungkol sa pagbili namin ng lote.

Ang subdivision po ay located sa Antipolo. Pero hindi pa po ito nade-develop. Pag pumunta po kayo doon ay puro damo at mga punongkahoy ang makikita nyo. Wala pa pong anomang kalsada. Ang total land area po ng subdivision ay 9 hectares.

Ibinebenta po nila ito sa paraang kung tawagin ay "pre-selling".

Napakamura po ng downpayment, 5,000.00 pesos lang po. Ang monthly po 650.00 pesos lang, payable in 25 years.

Ang regular cut na lupa ay 40 square meters "with title" daw po ito. Sabi po sa kanilang leaflet ito po ay "thru: COMMUNITY MORTGAGE PROGRAM".Lote lang po ang ibinebenta nila, wala pong house construction na kasama.

May resibo naman pong ini-issue, may TIN no. naman po sa resibo.

January,2011 daw po ang start ng pag-develop.

 

Paano po kaya namin matitiyak na hindi "scam" o lokohan ito?

Saan pong opisina o sangay ng gobyerno pwedeng i-verify ang legalidad ng pagbebentang ito?

Maraming salamat po sa sinomang sasagot sa mga tanong na ito.

 

It is only the Housing and Land Use Regulatory Board (HLURB) that gives licenses to sell to developers. Their office is located near the City Hall of Quezon City. I suggest you be very careful before you pay anything.

[canonnite]

It is only the Housing and Land Use Regulatory Board (HLURB) that gives licenses to sell to developers. Their office is located near the City Hall of Quezon City. I suggest you be very careful before you pay anything.

Thank you Sir for the prompt reply.

[maxgreg]

Thank you very much sir!! This is enlightening.

 

1. does my father lose his right to the land just because he did not come up with any money to pay the required taxes for many years?

 

No. Your uncle does not become the sole owner of the property just because he was the one paying taxes. all that he has is a right to be reimbursed for the share of the taxes that should have been paid by your father (see Art. 488, Civil Code).

 

 

2. what happens when my father and uncle pass away too without being able to transfer the land under their names. How do we, as the grandchildren sort the ownership of this land?

 

you'll have to partition the property among yourselves, 1/2 of the property going to your uncle's heirs (plus the right to be reimbursed for 1/2 of the amount of taxes he has paid), the other half to your father's heirs. notably, you'll have to likewise settle the estate of your grandfather, since the property originally came from him. all of these will require the payment of estate taxes (plus the penalties and interest that have accrued) due on the estate of your deceased grandfather, as well as the estate taxes due on the estate if your father and uncle. also, transfer tax, documentary stamp taxes, etc.

 

it would be better to have the property transferred to your father and uncle's name NOW while they are still alive to avoid complications later on (as well as to stop the running of BIR penalty charges and interest). if the grandfather died without a will, they can now extrajudicially settle the estate of their father.