legal Free Legal Advice

[matsutsu]

HI!

Sorry if this question has been asked before but the search function doesn't seem to work at all.

I'm currently in Iloilo in search of an agricultural land.

 

What do I need to do to make sure that the agricultural land I'm buying is clean?

What is the procedure?

 

I nearly purchased a land from issued to a tenant under the Comprehensive Agrarian Reform Program.

When I consulted a lawyer, they don't have the right to sell the land since it was only a "right" to use the land.

 

Many thanks!

[bigbang theory]

are you guys going up to baguio next week? will be there for the IBP national convention...

 

any MTC hottie babes going to baguio next week by any chance????

[Batabatuta™]

Cotton,

 

Children are obligated under law to support their parents when the latter are in need of support. If the child refuses, then the parent can compel them to.

 

The amount of support, however, is not fixed at a certain rate but shall be in proportion to the resources or financial capacity of the giver and the needs of the recipient.

<{POST_SNAPBACK}>

 

Specifically under what law sir?

[bokam]

Zaguuu,

 

Your case is quite complicated. Disputes that involve family members usually are.

 

Answer 1:

If the sale of the ancestral land existed bewteen your grandfather and your 3 aunts, then the latter are considered the owners of said property. In this case, your uncle aka "KUYA" does not have any right over the ancestral lot and therefore cannot sell the property.

 

However, it would be difficult to prove the existence of such sale if the only evidence of it is the "letter" of your grandpa confirming the sale in January 1983 and not the actual "deed of sale" itself. If your auntie cant prove that then the property belong to the estate of their grandfather....and consequently, as successor/heir to the estate of his father, KUYA has a share and therefore a right as co-owner over the ancestral lot. Furthermore, as co-owner, he does not have the right to dispose of the "entire" property but only as to his share.

 

On another point, ownership over a certain property belongs to the one who acquired it thru any of the modes provided by law. Since it was your auntie who paid for the labor and materials for the construction of the house then she is considered the owner. However, if this goes to court, these allegations must be proved. The receipts of the materials (presumably in the name of your auntie as payor) might help, but is still not sufficient in itself to support a favorbale judgement. For that, you need a good lawyer.

 

If your auntie can prove that she is the owner of the house and lot, then she does not have to pay a single cent to her bro and his family for them to leave the property.

 

 

Answer 2:

Yes, "KUYA" has a share over the estate of his sister. In cases of intestate succession(there is no last will and testament), collateral relatives (ie. bro n sis) shall succeed to the entire estate of the deceased if there are no descendants (children of deceased), ascendants(parents of deceased), or surviving spouse.

 

 

Answer 3:

No, "KUYA" cannot solely claim custody over the property. He is only a co-owner of the property (assuming if ownership over the property cannot be established by your aunt). As co-owner, his rights over the property are no better than the other co-owners.

 

Answer 4:

Since co-ownership still applies, he cannot be evicted from the property. However, his siblings may file a case for the partition of the property so that each share of the sibling is delineated and defined.

 

 

Answer 5:

Although KUYA cannot compel your aunt to pay in order for them to leave, still, it is a better alternative than being harrassed continually by him.

But take note thoh, he still has a right over the property and he or his heirs may still claim it even though they are no longer residing there.

[bokam]

Cotton,

 

Republic Act No. 5487

[bokam]

Matsutsu,

 

It safer for you to buy agricultural lands which are covered by the Torrens system. Its under the torrens system if has the words "Original Certificate of Title (OCT)" or "Transfer Certificate of Title (TCT)."

 

Lands covered by the torrens system are easier to check if its clean or not coz the Register of Deeds (RD) where the land is located always has a copy of the OCT ot TCT.

 

The registered owner also has a duplicate original of the OCT ot TCT....but the copy with the Register of Deeds is much more reliable.

 

Therefore, to answer your question, to verfiy whether a certain land is "clean" or not, just go to the Register of Deeds where the land is located and check if there are any "annotations" on the title. Dont merely rely on the representations of the seller even if they show to you their duplicate original coz there might be entries in the RD that is not in the seller's copy. Or better yet, request from the seller/vendor a recent certified true copy of the title from the Register of Deeds.

 

 

On a side note:

 

Ownership of land issued/awarded to a tenant pursuant to CARP can be transferred/alienated to another person as long as the vendee/buyer undertakes to follow the requirements and restrictions imposed on the original beneficiary. The parties shall apply to the Department of Agrarian Reform for

a change of beneficiary.

[bokam]

Cotton,

 

also check its Implementing Rules and Regulations.

[bokam]

Lionwing,

 

 

Wont be going to the convention if my boss wont finance the trip.

 

Anyway, heard there was a deadly virus in baguio lasy year...is it gone now?

[bokam]

Cotton,

 

HEY!!!! Sorry, got it all mixed up, tot u were the one hu was inquiring bout the security guards. Scratch them both.....

 

Enyway, check Executive Order No. 209 otherwise known as the family code of the philippines specifically Title VII, Art. 194 to 208.

 

Happy reading!!!

 

Hope i got it ryt dis tym.

[Batabatuta™]

Bokam,

 

Im still searching for the provision....but right now I'm thanking you so much for the legal advice.......you have just made me aware of my obligations .....thanks again

[civilcode]

Congratulations UP College of Law! 100% passing rate!   :cool:  :thumbsupsmiley:  :cool:

<{POST_SNAPBACK}>

 

 

hmmm, according to Atty. Conception 91% daw

[batibut]

hmmm, according to Atty. Conception 91% daw

<{POST_SNAPBACK}>

 

oo nga! may 8 daw na d pumasa...

[totoybola]

Batibut,

 

Di totoo to ha:-) Pero pumasa "baby" mo kaya masaya ka siguro:-)

 

Congratulations UP College of Law! 100% passing rate!   :cool:  :thumbsupsmiley:  :cool:

<{POST_SNAPBACK}>

[tonsy]

i cant play my Red Alert game with sounds,, it always says unable to create direct sound object during installation.. dx sound error.. hw do i deal with

that?

[Guest Leviticus]

i cant play my Red alert game with sounds,, it always says unable to create direct sound object during installation.. dx sound error.. hw do i deal with

that?

<{POST_SNAPBACK}>

This problem always happen when you install the partial (hacked, cracked, and pirated) RA game. Go get another copy of RA and make sure that it is the COMPLETE installer, the one where you need the CD to work. Para hindi hassle ang CD install a program like Virtual CD.

[macx98]

This problem always happen when you install the partial (hacked, cracked, and pirated) RA game.  Go get another copy of RA and make sure that it is the COMPLETE installer, the one where you need the CD to work.  Para hindi hassle ang CD install a program like Virtual CD.

<{POST_SNAPBACK}>

 

yup. r update ur direct x and sound card drivers.

[matsutsu]

bokam...thanks for the reply.

if the title is in the Register of Deeds....then no annotations...then it should be ok to buy, right?

 

what should I do to make sure that the land can be transferred to my name?

what about the taxes? the land I checked according to the municipal assesor's office is under a different name. the name is located under a different owner (grandparent's name). the land was inherited by the seller.

 

they also mention deed of adjucation...(don't know the spelling...just the sound of it)

they were speaking in ilonggo..so I just barely got the idea.

 

thanks again!

 

 

Matsutsu,

 

It safer for you to buy agricultural lands which are covered by the Torrens system. Its under the torrens system if has the words "Original Certificate of Title (OCT)" or "Transfer Certificate of Title (TCT)."

 

Lands covered by the torrens system are easier to check if its clean or not coz the Register of Deeds (RD) where the land is located always has a copy of the OCT ot TCT.

 

The registered owner also has a duplicate original of the OCT ot TCT....but the copy with the Register of Deeds is much more reliable.

 

Therefore, to answer your question, to verfiy whether a certain land is "clean" or not, just go to the Register of Deeds where the land is located and check if there are any "annotations" on the title. Dont merely rely on the representations of the seller even if they show to you their duplicate original coz there might be entries in the RD that is not in the seller's copy. Or better yet, request from the seller/vendor a recent certified true copy of the title from the Register of Deeds.

On a side note:

 

Ownership of land issued/awarded to a tenant pursuant to CARP can be transferred/alienated to another person as long as the vendee/buyer undertakes to follow the requirements and restrictions imposed on the original beneficiary. The parties shall apply to the Department of Agrarian Reform for

a change of beneficiary.

<{POST_SNAPBACK}>

[batibut]

hmmm, according to Atty. Conception 91% daw

<{POST_SNAPBACK}>

 

Yup, someone told me nga that there are 8 people who didn't make it. Sorry for the wrong info. Galing sa sister ko na undergrad kaya mali. hehehe but high pa rin na passing rate ha...91%

 

Batibut,

 

Di totoo to ha:-) Pero pumasa "baby" mo kaya masaya ka siguro:-)

<{POST_SNAPBACK}>

 

d ko siya baby....he is my sweetie...celebrate nga kami this week e.

Edited April 18, 2005 by batibut

[zaguuu]

sir bokam,

 

salamat po

[bokam]

Zaguuu,

 

ur welcom :cool:

[bokam]

Matsutsu,

 

Yes, if the RD's copy of the Certificate of Title has no annotations on it then its safe to purchase the property.

 

If what we're talking is an agricultural lot that is not covered by the CARP then a "Deed of Absolute Sale" will do.

 

If its covered by CARP then you have to go to Department of Agrarian Reform Regional Office and ask for the requirements...they have a checklist for that.

 

But if you really want to make sure that the land can be transferred to your name then i would advise you to avail the services of a lawyer. He would know what to do. Questions regarding taxes and other collateral matters (ie. partition) can be answered by the lawyer concerned.

[Guest Leviticus]

yup. r update ur direct x and sound card drivers.

<{POST_SNAPBACK}>

Sorry but this would not work. The reason kaya no sound ang RA is because they have been hacked out of the installation CD; maybe for space, usually kasi bundled sa RA cd na yan ang cd-1 &2. My guess is pati yung mga movies ng RA ay wala... Best pa rin ang to get a complete installation cd (or better yet, bili ka na lang ng legal instead of the pirated para talagang walang sabit.

[macx98]

Sorry but this would not work.  The reason kaya no sound ang RA is because they have been hacked out of the installation CD; maybe for space, usually kasi bundled sa RA cd na yan ang cd-1 &2.  My guess is pati yung mga movies ng RA ay wala... Best pa rin ang to get a complete installation cd (or better yet, bili ka na lang ng legal instead of the pirated para talagang walang sabit.

<{POST_SNAPBACK}>

 

just covering my bases boy... online tau u could never no the specifics of the problem.

[coolestboy]

attention mtc lawyers:

 

a marcelo has two registered lots : lot a and lot b. He sold lot a to jose. However, when jose finally saw lot a, he told marcelo that it was lot b that he meant to buy.

 

What should marcelo do if he has already transfered the title to lot a to jose's name and a TCT to lot a was already issued by the Register of Deeds in favor of jose.

 

What should marcelo do to cancel the first sale?

[deejay4]

i need your advise mtc lawyers...pls...

 

meron kaming pinautang ng 10k, a couple of years ago.

nung sinisingil na namin, ayaw magbayad...

 

tapos ipinatawag namin sya sa barangay hall para i-settle yung payment...

nagkasundo kami sa certain amount na ibabayad nya every month...

 

pero hindi sya nagbayad...

 

ipinatawag ulit namin sa barangay para ireklamo ulit...

 

nagkasundo na naman sa panibagong amount na ibabayad nya every month...

kaso hindi na naman nagbabayad...

 

meron bang batas na nagbibigay ng karapatan sa brgy. captain para kumuha ng anumang bagay dun sa taong may utang bilang kabayaran sa pagkaka-utang? kung meron anong batas yun?

 

pls i need your answer mtc lawyers...