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Monetary restitution for real property

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1 Monetary restitution for real property on Fri Aug 20, 2010 7:18 am

ersopman


Arresto Menor
First off, I do apologize if this thread would be too lengthy as I would like to include as much necessary detail in this inquiry as possible.

We have several real properties under dispute located in different parts of the country (Philippines). The TCT (Transfer Certificate of Title) as well as several Tax Declarations of Real Property is listed under my paternal grandmother's name.

My paternal grandmother had two biological offsprings: my dad (Family A) and his brother (Family B). Please refer to the rough diagram below for illustration.

Both of them as well as my grandparents are now deceased. My grandparents died first before their biological offsprings.

The only survivors are my paternal grandmother's daughters-in-law and grandchildren. (Please see diagram.)







Here's the case...


Family B under the supervision of the daughter-in-law of my paternal grandmother occupied and managed several of my paternal grandmother's real properties for profit without our consent (Family A). They have continued to do this for more than ten years now (10 years on one property and about 16 years on the other) after my paternal grandmother's death. They were not given any explicit right by my paternal grandmother to solely manage or even occupy such properties due to lack of a valid last will and testament. Moreover, they have not been paying business taxes to BIR since they managed such properties for profit.
All valid TCTs and Tax Declarations are listed under my paternal grandmother's name and has not gone through any successful transfer process yet after her death.

My father has fully supported Family B's education and living expenses financially for about six years after his brother's death (Family B - biological son 2's death).

We (Family A) have never occupied or even managed such properties for profit with the sole exception of my father living together with Family B for about four years which happened after my paternal grandmother's death.

After which, there was an attempt in the life of my father by Family B. This attempt in the life of my father has been reversed through crafty testimonies
and bribery. My father has then been accused of frustrated murder and attempted homicide. This case was never resolved until my father's death.

Disregarding the issue in the attempt in the life of my father (since he is now deceased and the case cannot be proven), here are a couple of questions:


1) Will the condition below be just and legal for both parties (Family A and Family B)?

Divide all properties equally (50/50 for both Family A and Family B). Both families will have to pay unpaid realty taxes and other forms of taxes related to real property on equal share. However, since Family B managed such properties for profit without explicit consent from the land owner or other concerned heirs, they will have to reimburse 50% of the total profit amount gained from the time they have started managing such properties for profit until present. The said amount will then be given to Family A as a form of reparation or monetary restitution.

2) If the other party (Family B) refuses to agree to settle the case in condition #1, what are the other charges that we may file a case against the daughter-in-law of Family B aside from trespassing/squatting, fraud, money laundering, tax evasion?

3) If the daughter-in-law of Family B gets convicted of any of the listed charges and be sentenced for imprisonment, will the daughter-in-law be disallowed from inheritance of all properties under dispute?

4) Since there is no real owner of the properties under dispute aside from my deceased paternal grandmother, is it just and legal for both parties to be forced out of residing in these disputed real properties? If yes, does this apply only during the court trial for the said property or until the disputed property has been settled between both parties?


Other questions to follow. Again, I do apologize for the lengthy thread. I really do appreciate if you could give me in-depth, detailed, and accurate responses to my inquiries.
Thank you.

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2 Re: Monetary restitution for real property on Sat Aug 21, 2010 8:18 am

attyLLL


moderator
ersopman, these multi-generation questions are actually pretty difficult to answer, but I'll give my best. could you indicate the years when these people were married and died. if there are some which are in the same year, then you will have to indicate which came first.


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3 Re: Monetary restitution for real property on Sat Aug 21, 2010 10:52 pm

ersopman


Arresto Menor
Thank you for your fast response. Here are the answers to your question:

MARRIAGE DATES:
Paternal Grandfather - Paternal Grandmother (1938)

Biological Son 1 - Legal Wife (Family A, 1980)

Biological Son 2 - Legal Wife (Family B, 1975)


DEATH DATES:
Paternal Grandfather (1942)
Paternal Grandmother (1993)
Biological Son 1 (2010)
Biological Son 2 (1994)

=============================

As for my initial inquiries:

For question #1, I may have an answer to that question but any additional input would be helpful.


REPUBLIC ACT NO. 386
BOOK III

Art. 1087. "In the partition the co-heirs shall reimburse one another for the income and fruits which each one of them may have received from any property of the estate, for any useful and necessary expenses made upon such property, and for any damage thereto through malice or neglect."

As for question #2, the question remains as is. Just as a follow up, could we charge the other party (Family B) with tax evasion assuming that we have the necessary evidence even if the usual plaintiff for such cases would be the government (Bureau of Internal Revenue)?

Same thing with question #3, the question remains as is. As a follow up, could you give me some examples or a list of crimes which carries with it the penalty of "civil interdiction"?

As for question #4, the question remains as is.

Again, I do apologize for the lengthy response. I would really appreciate it if you could answer all my inquiries.

By the way, do you happen to have information (contact number, office address) of a trial lawyer / attorney who will be able to win this case in the shortest possible time and at the same time charge affordable fees? Please send me a private message. Thank you.
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