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Need some legal advice on Ejectment

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1 Need some legal advice on Ejectment on Mon Jul 23, 2012 12:46 pm


Arresto Menor
Today, my mom and sister met with the mom of the heirs of a certain Napoleon Retuya. I would address her as the "landlady" in this inquiry. We are residing here in Mandaue City and the landlady, 3rd wife of the said person above, was the one who filed for a confrontation for ejectment at the barangay level last week.

We were shocked because there was no prior notice, verbal or written, that we will be ejected ASAP. We've been living here for the past 25 years leasing the house and the lot as well. We have done some repairs to the house two years ago and the landlady said that they will need the lot. There is no lease contract for the rental. Also, what we know is that her children do not possess the title yet to this lot. What they have is a tax declaration.

My mom asked for one year extension but the landlady declined to her plea. I have googled and found out that according to REPUBLIC ACT NO. 9161 the Grounds for Judicial Ejectment: (c) Legitimate need of the owner/lessor to repossess his or her property for his or her own use or for the use of any immediate member of his or her family as a residential unit: Provided, however. That the lease for a definite period has expired: Provided, further, That the lessor has given the lessee formal notice three (3) months in advance of the lessor's intention to repossess the property and: Provided finally; That the owner/lessor is prohibited from leasing the residential unit or allowing its use by a third party for a period of at least one year from the time of repossession;

My question is that can she really have us ejected? Can we question her rightful ownership? Her children never confronted us that we need to go out or find a new place to stay.

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