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Ejectment Case

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1 Ejectment Case on Fri Aug 20, 2010 4:08 pm

gvbabiano


Arresto Menor
Idenemanda po ako ng kapatid ko sa kasong ejectment. nag-ugat po ang compliant nya ng magpatayo ako ng bahay sa portion ng property ng mother ko nung 1995 dahil sa alok ng mother ko na duon kami magbahay ng asawa ko.Na-acquire ng mother ko ang property nuong 1990 sa halangag 40K pesos. Namatay ang mother ko nung 1996, duon nagsimula ang problema, yung father ko ay nagdecide na ibigay ang buong property kasama ng tinitirikan kong property sa kapatid namin na panganay na babae while I was abroad as OFW.

May karapatan ba ang father ko na ilipat ang land title sa isa kong kapatid na panganay while we are 7 siblings? At ano po ba ang karapatan ko sa lupa na tinitirikan ng bahay ko ngaun?

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2 Re: Ejectment Case on Fri Aug 20, 2010 4:53 pm

attyLLL


moderator
when your mother died, legally, your siblings and your father inherited the property and became co-owners.

so the title is now in the name of your sister? you will have to find out how the title was transferred to her. a document should have been executed to effect the transfer, possibly a sale, donation, or extrajudicial settlement. you can check at the register of deeds.

it may be possible that a document was falsified and you can seek annulment of her title.

i assume you are at the bgy level? ejectment should not prosper if dispossession has been more than one year but they'll probably say it was by mere tolerance that you were there. try to establish that you mother allowed it way before.





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3 Re: Ejectment Case on Fri Aug 20, 2010 5:46 pm

gvbabiano


Arresto Menor
Thank you Sir for your prompt advice, yes the case is already at Barangay level, and it really surprised me after receiving a summon. My sister was favorite child of my father.

It was ironic because sometime in 1999, my father has executed an affidavit that he is giving the same property to be equally divided all his children in his effort to dispel an earlier rift among his children regarding the property.

There was no consultation from my father on the sudden change of his decision with us - his children. My father is literally blind (both eyes) and my eldest sister is attending to his daily needs, the same reason why my father has favored my sister so much. A Brgy. hearing is scheduled on Tuesday on this ejectment case.

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4 Re: Ejectment Case on Sat Aug 21, 2010 8:35 am

attyLLL


moderator
so all your sister has is an affidavit executed by your father? the title has not been transferred to her name? you should win this case easily.


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5 Re: Ejectment Case on Sat Aug 21, 2010 1:19 pm

gvbabiano


Arresto Menor
Yes po, in an affidavit executed by my father, in 1999, all of my father's children including myself, our names were clearly mentioned that he is intending to "equally subdivide and transfer" the properties to his children.

I have no idea yet and have not seen any documents if the property has been transferred to my eldest sister, but yesterday I went to the Barangay office and was told that my eldest sister has reported that our father has given her the property and she has necessary documents to show that she is now the rightful owner of our property. The first hearing is set on Tuesday.

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6 Re: Ejectment Case on Sat Aug 21, 2010 1:47 pm

attyLLL


moderator
your father had no power to issue that affidavit. you and your siblings were already owners in your own right. good luck.


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7 Re: Ejectment Case on Thu Sep 09, 2010 12:26 pm

honoris legis


Arresto Menor
atty. just want to ask if a judicial order in a civil case directing defendants to perform a particular task within two(2) years from the time such order was rendered is covered by PRESCRIPTION?

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8 Re: Ejectment Case on Thu Sep 09, 2010 12:32 pm

attyLLL


moderator
i can only answer that, in general, a court judgment can be enforced within 10 years.


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9 Re: Ejectment Case on Thu Sep 09, 2010 11:16 pm

I think the plaintiff may file a petition for indirect contempt against the defendants if the latter fail to perform the act within the period stated in the order.

sifone

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10 Re: Ejectment Case on Fri Sep 10, 2010 12:52 am

gvbabiano


Arresto Menor
Dear Atty.,

After 3 meetings at the Barangay level, my sister has presented a certified true copy of the land title of the entire property which my late mother has acquired through a deed of sale. It was ironic that the land title was issued to her name last October 2009 despite the fact that I am holding a copy of the deed of sale which my late mother has entered with the previous property owner.

During our hearing at the Barangay, she was claiming that as she is now new owner of the land, she is demanding financial payment for the lot area which was occupied by my house. It will be Barangay Captain that I am holding a deed of sale which my mother has entered in 1990 with the previous owner.

The Barangay Captain has informed us that the Barangay has no jurisdiction on the land disputes, however she has given us (both parties) 7 days to find possible solution for the settlement of issues involving financial claims. Furthermore, the Barangay Captain informed us that my sister as "complainant" has the legal right to pursue her case in the court and I can challenge my sister's legal ownership by filing a separate case or counter charges against my sister.

We are scheduled to meet next week for the final resolution of our case at Barangay level. I would like to seek your kind advice on my next step or legal action to be taken in the event that my sister files the case in higher court. With her legal document, does she have the right to harass me and my children at home? She is spreading words to my neighbors that I am squatting on her property and my children are greatly affected.

Thank you so much for your assistance.

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11 Re: Ejectment Case on Sat Sep 11, 2010 1:01 am

attyLLL


moderator
you should go to the registry of deeds to find out the history of how the title was transferred to her. ask for copies of the documents which effected the transfer. when your mother bought the property, was the title transferred to her name? what is the document which transferred the property solely to her?

find out if anything was falsified or there was a flaw in the transfer. you can then file a case to annul her title. this will also be your defense if she files an ejectment case.

bgy proceedings are not meant to decide a case, just to get the parties to enter into an amicable settlement.


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12 Re: Ejectment Case on Sat Sep 11, 2010 3:35 am

gvbabiano


Arresto Menor
When the deed of sale was executed between my mother and the previous owner in 1990, the land title was not immediately transferred to my mother because there was a pending civil case that is being heard in the municipal court between the previous owner and another party (neighbor lot owner) who has erected parameter fence and trespassed the property being sold to my mother.

There is a clause in the deed of sale that the said property on contract will be transferred to my mother only after the civil case has been resolved and the remaining balance on the agreed amount will only be paid then.

We didn't know that the civil case has been resolved and even the transfer of title to my sister was kept secret from me and my remaining siblings by her and our father.

I went to registry of deeds office to obtain copies of legal documents that support the transfer of title to my sister's name, but I I was only given a certified true copy of the land title which bears her name. They told me to get authorization from my sister to get copies of the supporting documents.

Next week I'll get the final resolution from the Barangay. I am scheduled to return to Middle East as OFW, in the event that my sister files an ejectment case on civil court against me, is it possible that I can assign my son to represent me in court hearing as I am working abroad?

Thank you so much for your benevolence. God bless you and your family.

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13 Re: Ejectment Case on Sat Sep 11, 2010 10:57 am

attyLLL


moderator
yes, you may assign your son to represent you if she files an ejectment case. you should issue a notarized Special Power of Attorney to this effect.

The records at the RD are supposed to be public records and open to the public. unfortunately, scammers have used this openness so RDs are now more vigilant. I recommend that you write a letter to the Registrar and explain the situation that you are facing a potential ejectment case where you believe that your sister has irregularly transferred the the property in her name. attach the copy of the deed of sale to your mother. hopefully, the RD will approve your request.

if that doesn't work, either you get a lawyer to represent you, but even i have experienced facing a blank wall and being required to produce a subpoena. what has sometimes worked for some people is making it "worth the time" of the vault keeper to look up the records.

you should start preparing your defense now. if your sister indeed files a case, once you receive a summons, you will only have 10 days to file an answer. failure to do so will practically give automatic win to your sister and ejectment by the sheriff may be very fast.


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14 Re: Ejectment Case Today at 7:55 am

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