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[bokam]

Cardinal SIN,

 

Maybe what was referred to was the passing percentage of the fresh grads...just a though thoh.

 

 

 

 

Enyway, do we rily have to reach 500 before we can edit our own posts? If not, culd sumbody teach me how to edit.

[zaguuu]

OK Here it goes,

 

SCENARIO

 

We have a compound in batangas about 850 sqm and another set of farm land. There are two houses within the compound, 1 is the ancestral house of my grandparents, and the other is the house of their eldest son. MY father has 8 other siblings 6 boys and 3 girls. all the boys are married but all the girls are not. the 3 sisters of my father was fortunate enough to land very nice jobs thus making them the bread winners. The house of their eldest brother "KUYA" was built within the compound of the ancestral house without any agreements or lease contract, nor any other contract for that matter. It was financed by the eldest of the 3 girls out of respect and thru the request of my lola. My grandfather died in 1983 but before he died he left a letter confirming the sale of the land to her 3 daugthers, signed by him and my grandmother. this was done January of 1983 and he died August of 1983. there was also a last will and testament that the FARM LAND will be divided accordingly with the 6 boys and my granmother. Year 2000 came and my grandmother died again she left a testament which states that her share of land will be given to her youngest daugther. before I forget 1 of my 3 aunts died without leaving any last will and testament.

 

 

NOW here are my Questions.

 

1. With all this, DOES my eldest uncle have any rights with the ancestral compound, (Since he wants to sell it), and does my aunt need to pay him and his family in case we want them out of the compound. BTW he lives there free of rent since 1965 and my aunt has all the receipts for the construction of his house.

 

2. Can they claim any property of my aunt who died. including her shares in the land.

 

3. Can they claim custody of the ANCESTRAL since he is the eldest.

 

4. What Philippine law can help us, take him and his family out of the compound since they have been terrorizing my aunts, who btw has heart problems. Can we file any case againts them so they can be evicted.

 

5. They want my aunt to PAY them the value of the house so they will move out.

 

Thank you

[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}>