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Notice to Vacate

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1 Notice to Vacate on Mon Dec 03, 2012 5:32 pm

Christian Palima


Arresto Menor
Hi,

My mother just received a 15-day notice to vacate sent to her by the postman. I personally haven't seen the document since I'm not living with my mother anymore.

Basically, our neighbor claims that the lot where our house is built is not ours, but theirs.

We purchased the lot about 12, 13 years ago from another neighbor who, to everybody's knowledge, was the legitimate owner of the lot at that time before the purchase. The sale was done and all documents were processed.

About 2 weeks ago, our neighbor started harassing my mother, telling her to start finding another place to stay because they have won a case that the lot is theirs. He mentioned that the other neighbor who sold the lot to us "mixed" the properties and that the lot should have been theirs in the first place. My mother of course has been very stressed with the situation.

We in the family personally do not have any idea whether the claims of our neighbor are real since in all our knowledge, we have undergone all legal procedure to purchase the lot 12 - 13 years ago. Then again, my mother already received a notice to vacate.

I just would like to ask for advise whether what protection I can give my mother and to our house. Some points that I would like to point out that I think are unethical and perhaps could have legal implications is that (1) we were not invited to any sort of hearing regarding this and was only informed by our neighbor that they won a case to have my mother vacate; (2) if indeed this notice to vacate is legal, isn't it the fault of our other neighbor who sold the lot to us in the first place? Are we the one to be punished for his fault? (3) Is 15-days even reasonable time to vacate?

Hope you can give light to this concern as it would definitely be an ordeal for my mother if our house is taken from her.

Thanks.

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2 Re: Notice to Vacate on Mon Dec 03, 2012 10:07 pm

shad_marasigan


Reclusion Perpetua
In my opinion,

(1) we were not invited to any sort of hearing regarding this and was only informed by our neighbor that they won a case to have my mother vacate;

Notice to a party is essential, absent of this is a patent violation of due process clause under the Constitution. Please verify and do not always assume that they had a valid case without any summon or notice of a pending case.

(2) if indeed this notice to vacate is legal, isn't it the fault of our other neighbor who sold the lot to us in the first place? Are we the one to be punished for his fault?

No, you are an innocent purchase by value and with good faith. There must be good faith. Good faith was defined as that absent of such personal knowledge of any defect or taint of the subject matter being purchased. Innocent purchase by value is attendant when there is a good faith. Bad faith destroys the innocent purchase by value.

(3) Is 15-days even reasonable time to vacate?
No. Only the court order should promulgate the order to vacate. Absent of such order, it is illegal to evict a person claiming to be an owner in good faith by being innocent purchaser by value. This is again a patent violation of due process clause of her constitutional rights.

If I were you, better consult a lawyer, he or she will give light to your concern and end this ordeal of your mother.

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3 Re: Notice to Vacate on Mon Dec 03, 2012 10:17 pm

Christian Palima


Arresto Menor
Thank you very much for the quick response.

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4 Re: Notice to Vacate Today at 1:49 am

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