legal Free Legal Advice

[TeeUp]

greetings po sa mga honorable MTC Lawyers! magtatanong po regarding sa mga nagbebenta ng mga rigths sa lupa. there is a association (veterans association) selling rights to anyone who wants to purchase rights to a certain piece of land. ang tanong ko po kung saan at paano ko po malalaman na di sila fake. what department of government na puedeng maverify yung legality nila. salamat po in advance to any legal info u can provide. merry xmas po sa inyong lahat!

!!! DANGER

 

the association (whether properly registered or not) is usually composed of individual squatters of lands owned by the government or those of private persons and have at least made a resolve to purchase the same from its owner(s).

 

if successful, the same may be had by the ACTUAL OCCUPANTS (bonafide beneficiaries), usually for a long term purchase, through the help of the NHA or other attached agencies. now, these "actual occupants" can sometimes actually be professional squatters who occupy land with the intention of selling them as "rights" to avail of the purchase at a low price given the fact that the same is intended for the less fortunate urban settlers. this is especially so if these professional squatters have been known as such by the concerned government agencies and are thus disqualified to purchase the same on their own merit.

 

in sum, what you are practically buying is the likelihood that, perhaps, the lot may be sold to you. in other words, MALABO and may in some instances be illegal, kaya ingat lang amigo.

 

as for the registration, you can ask the association if they are so and ask for a copy of their registraton papers and then verify it with the SEC. notwithstanding the existence of a registration, the fact remains that what you are buying is a chance or an expectancy, which may or may not come

 

also, if you get to buy the supposed "right" make sure you qualify as a purchaser dahil kung hindi, even if it is actually sold to the bonafide beneficiaries by the lot owner, your money will surely go down the drain because the NHA will prevent you from doing so.

 

another way to go around the rules, is that if you will not qualify, a bonafide beneficiary will sell to you the "right" but you will be paying for said lot under their name. if fully paid, the title will be issued under the beneficiary's name. if done, the title cannot be transferred in your name immediately, since there is always a five (5) year prohibition annotated on the title against sale, encumbrance, etc. from the time the same was issued to him.

 

you might want to try a legitimate purchase instead.....

[fallen_angel_M]

thanks chunky for the important info.

 

my relatives are very much interested in the sale of rights and they want me to investigate if this association is for real. i have check their association in SEC and yes they are registered.

 

now, i want to verify the legality of their "title" on the land they are selling. is it the NHA? or Bureau of Land?

 

another thing is they have a receipt can i verify their tin number in BIR?

 

thanks!!!

[drEVILmba]

THANKS ALOT GUYS

 

Working on presenting a paper. it will help a lot.

 

Question again. if you had only 65k and wanted to buy a laptop which model would be best? Me into RPG's and usually make presentations.

[apipax]

to the honorable lawyers of MTC Law Office:

 

 

i need someone who can execute a letter asking for child support. i believe that  this isnt just about writing the letter per se, but pursuing action as well when the addressee does not acknowledge the request. but i also believe that such action entails a lot of funds, and unfortunately, that is one thing i have dont much of.

 

your replies will be greatly appreciated.

 

 

thank you.

**********more than willing to help but it won't be easy without the details. don't worry bout the expenses, kung demand letter, no problemo!!!!!!

[apipax]

thanks chunky for the important info.

 

my relatives are very much interested in the sale of rights and they want me to investigate if this association is for real.  i have check their association in SEC and yes they are registered.

 

now, i want to verify the legality of their "title" on the land they are selling.  is it the NHA? or Bureau of Land?

 

another thing is they have a receipt can i verify their tin number in BIR?

 

thanks!!!

u can try the NHA and the Bureau of Lands. u can also verify with the Register of Deeds of the place where the property is located and also the LRA (Land Registration Authority)

 

and yes, u can verify their TIN with the BIR

[Guest oliverjohnholmes2]

 

banned:

 

it really depends if merong cause for liability....

 

cyberlaw is still very much up in the air so to speak...although there are some US cases on the matter...di pa rin alam kung applicable here...

 

remember the ilove you virus creator...they hadproblems prosecuting him because of the absence of criminal law directly on the matter...malicious mischief lang ang naikaso nila...

 

i hope this helps...

 

oliverjohnholmes

[fallen_angel_M]

maraming salamat apipax!

[drEVILmba]

just checking out for any answers

[transformer]

hi guys info naman about the place wer i can buy cheap pc...

how much the cost for desktop pc?

Maganda rin ba ang Athlon XP compared to P4?

Hope to hear you guys...thanks :mtc:

[Butsoy]

thanks chunky for the important info.

 

my relatives are very much interested in the sale of rights and they want me to investigate if this association is for real. i have check their association in SEC and yes they are registered.

 

now, i want to verify the legality of their "title" on the land they are selling. is it the NHA? or Bureau of Land?

 

another thing is they have a receipt can i verify their tin number in BIR?

 

thanks!!!

Fallen:

 

It is very seldom (or I havent encountered any) that an association acquires title to a track of land they have occupied as squatters or forced settlers. Normally squatters asssociation are formed for the sole purpose of defying efforts at implementing forced eviction even with court orders.. they rest the burdeden of their housing needs in the lap of the government..

 

land rights, if not yet awarded to the actual occupiers of a squatted area are very dangerous... if you have money buy properties which have clean titles.. always.. always be wary of those who sell rights for normally.. they are bogus and are interested only in get-rich-quick schemes.. The City urban and housing developemtn office, the NHA are proper agencies who handle squatters problems and legitimacy of squatters housing organizations...

 

sayang pera mo

 

Butsoy

[Butsoy]

to the honorable lawyers of MTC Law Office:

 

 

i need someone who can execute a letter asking for child support. i believe that this isnt just about writing the letter per se, but pursuing action as well when the addressee does not acknowledge the request. but i also believe that such action entails a lot of funds, and unfortunately, that is one thing i have dont much of.

 

your replies will be greatly appreciated.

 

 

thank you.

 

 

Ladydredd:

 

I need facts.. facts.. and nothing but facts.....libre demand letters dito sa MTC Law Firm... courtesy of our de campana lawyers.... hehehehehe (Hirap kampanilla... maliit lang tunog...)

 

 

Butsoy

[Butsoy]

Panyero's:

 

Sino available sa Friday Dec. 19 5:oopm for a christmas get together? and law partner's toast.... kita kita tayo sa Starbucks Podium (or any suggested place) lahat ng tumutulong sa MTC Legal Aid ay partner...

 

pass the info....

 

Butsoy

[Mayella]

hello to all...

 

i've recently registered a channel in dalnet for real-time live discussions for mtc members... bizman, by the way, has already been informed about this...

 

i want to know if there's anybody here who has had hands-on experience in managing a channel... if so, pls PM me for details and if you are interested to take part in this project... thanks!!

 

btw, what scripts are good for channel management???

[matsutsu]

hello to all...

 

i've recently registered a channel in dalnet for real-time live discussions for mtc members... bizman, by the way, has already been informed about this...

 

i want to know if there's anybody here who has had hands-on experience in managing a channel... if so, pls PM me for details and if you are interested to take part in this project... thanks!!

 

btw, what scripts are good for channel management???

wow ok yan ah.

 

pero sa dalnet? ang higpit ng dalnet when connecting to their servers.

 

ano yung channel name? never been an admin in irc btw.

[Guest oliverjohnholmes2]

thanks chunky for the important info.

 

my relatives are very much interested in the sale of rights and they want me to investigate if this association is for real. i have check their association in SEC and yes they are registered.

 

now, i want to verify the legality of their "title" on the land they are selling. is it the NHA? or Bureau of Land?

 

another thing is they have a receipt can i verify their tin number in BIR?

 

thanks!!!

Fallen:

 

It is very seldom (or I havent encountered any) that an association acquires title to a track of land they have occupied as squatters or forced settlers. Normally squatters asssociation are formed for the sole purpose of defying efforts at implementing forced eviction even with court orders.. they rest the burdeden of their housing needs in the lap of the government..

 

land rights, if not yet awarded to the actual occupiers of a squatted area are very dangerous... if you have money buy properties which have clean titles.. always.. always be wary of those who sell rights for normally.. they are bogus and are interested only in get-rich-quick schemes.. The City urban and housing developemtn office, the NHA are proper agencies who handle squatters problems and legitimacy of squatters housing organizations...

 

sayang pera mo

 

Butsoy

 

fallen:

 

seconding Busoy's able discourse, it would probably serve best to determine the validity of the association's supposed ownership...

 

SEC registration is for the purpose of creating legal personality. Thus, any group of individuals can form a body politic and register themselves to become an artificial entity with legal rights and personality. What is important to determine if the acts of the corporation is within the allowable acts of the legal entity created by examining their articles of incorporation...

 

there are squatter's groups that have been formed to acquire the lands where their houses are currently situated. They most often than not base their claim on possession and further their claim on acquisitive prescription. This means since they physically possess the land for a number of years, they claim that their physical occupancy has borne fruit a right of ownership over the said property.

 

Unfortunately, our system in the Philippines is not based on possession, which only creates a presumptive right. The true basis of ownership is the Torrens titling system. This is based on the regalian doctrine that all lands are owned by the State, and ownership is vested upon the individuals so named in a title issued by the state. Thus, it is not physical possession which governs, but the documentary evidence which would be proffered. That is why it is called a Transfer Certificate of Title, and its effect is that only one legal entity can own the land. When the property is transferred by sale or operation of law, then the old title is cancelled and a new one issued to the new owner, serving notice to all as to the true owner of the land.Only duly authorized government entities can issue this document in rem.

 

The rights, as i glean from your query, are issued by these associations. These are private documents which supposedly affect the ownership, or if not use of the land in question. Documents such as these can only affect these public documents when the same is duly recognized by the state and must stand on the basis of a right. If these associations can issue you at least a photocopy of the TCT of the land with thir rights duly annotated at the back of the original, then they may have rights to sell. But this must first be verified in the Register of Deeds where the property is located, or better yet at the Land Registration Authority to see if the document is real...But if they insist on merely the signing of a private document, even if later on notarized, it will not affect the title which the rights are supposedly affected because tof the absence of recognition by the issuing authorities. if they have a lawful judgement in favor if the property was litigated, then they have a right...sometimes, they even use the statement that the DENR would grant the lands to them, or the some government official has promised to them, but these are mere salestalk and cannot form basis for a right...just a word of caution, in the absence of any title clearly stating their rights issued by the government authority with jurisdiction over the property, then these individuals are selling you just a piece of paper...

 

just my two cents worth...i hope it helps...

 

oliverjohnholmes

Edited December 17, 2003 by Macy