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Occupied lot being sold by other people

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1 Occupied lot being sold by other people on Mon Jun 17, 2013 9:22 pm

twinbros


Arresto Menor
we had been occupying a lot for almost 67 years as of this date, having improved and maintained.this is under a jurisdiction of a presidential proclamation lot. Our problem now is that a certain family is now trying to sold this land for their reason that they owned this lot as they claimed it that they tax declared this lot.Do they have the right to claim this lot  that we had been occupying since time in memorial?

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2 Re: Occupied lot being sold by other people on Tue Jun 18, 2013 12:28 am

udmlaw


Reclusion Temporal
What is the presidential decree? Does the other side have a valid title? Where is the property?

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3 Re: Occupied lot being sold by other people on Tue Jun 18, 2013 10:04 am

twinbros


Arresto Menor
Presidential proc.1825/1875 according to PEZA . the other side doesn't have a valid title but merely a tax declaration. Our lot is previously owned by Camp John Hay being managed by US camp military forces but when the US forces was forced to leave the country in 1992, they turned over the lot to our grandfather who is their former employer.as a result, our grandparents improved and maintained this lot.But sad to say,this other said family is claiming is as their own being for their reason is that they declared it as a tax declaration..our lot is under the jurisdiction of Phil.Econ. Zone in our city, so we believe this family doesn't had the right to declare it as their own..

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4 Re: Occupied lot being sold by other people on Sun Jun 23, 2013 12:18 am

AttyZag


Arresto Mayor
twinbros wrote:Presidential proc.1825/1875 according to PEZA . the other side doesn't have a valid title but merely a tax declaration. Our lot is previously owned by Camp John Hay being managed by US camp military forces but when the US forces was forced to leave the country in 1992, they turned over the lot to our grandfather who is their former employer.as a result, our grandparents improved and maintained this lot.But sad to say,this other said family is claiming is as their own being for their reason is that they declared it as a tax declaration..our lot is under the jurisdiction of Phil.Econ. Zone in our city, so we believe this family doesn't had the right to declare it as their own..

Twinbros,

Are you sure that you're referring to Presidential Proc. 1825 or 1875?

Presidential Proc. 1825 refers to the declaration of FEDERICO AGUILAR ALCUAZ AS NATIONAL ARTIST
http://www.gov.ph/2009/07/06/proclamation-no-1825-s-2009/

Presidential Proc. 1875 refers to DECLARING THE MONTH OF SEPTEMBER 2009 AS “PEOPLE MANAGEMENT MONTH”
http://www.gov.ph/2009/09/03/proclamation-no-1875-s-2009/

I would like to help you. Could you recheck and please post what law you are referring to when it comes to PEZA?

Thanks.

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twinbros


Arresto Menor
Yes sir.Pres. Proclamation 1825/1875. That's what stated in their notice to us year 2005.Anyway, our concern really now is this other family claiming it as their own. They are really taking advantage now that their daughter- in-law is our Barangay Captain. Last year, they lured almost all residents in our neighborhood to pay them an amount of Php 7,000 so that they could waive their tax declaration to this innocent household residents.Is that legal? Actually, we didn't pay for we know that this lot under PEZA has not title yet pending gov't action on segregation (on process), and here comes this other family claiming it as their own?recently, they come again and asked us to pay them Php 150,000 then changed their mind,and asked us Php 180,000 last price. we still didn't pay for we know it's their stupidity.How are we going to pay for the lot that we had been occupying ,maintained, and improved for 67 years.I hope again to hear legal advice from you sir. I appreciate it very much,this site is really informative when it come to legal matters.

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6 Re: Occupied lot being sold by other people on Sun Jun 23, 2013 11:40 am

udmlaw


Reclusion Temporal
Do you have na older proof of ownership other than the fact of possession? I would say the tax declaration is not conclusive proof of ownership as any people candecide to pay up the taxes of a parcel of land. Land onwership in economic zones can only be made through an application. Generally one good reason is ancestral land claim. You can look that up. You can ask the DENR also.

Tama na huwag. Ka muna magbabayad. 

If the person harassing you is acting under the intervention of a government employee, maybe you can bring that up to the proper authorities considering na kamaganak pa ang ginagamit.

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twinbros


Arresto Menor
The only proof of ownership we had is the old survey map that our late grandmother gave to our parent. That is aside from other written documents, duly notarized affidavits from our old neighbors and former barangay officials in our barangay testifying that our ancestors are pioneer inhabitants and not squatters in this barangay we are living now.
Relative to that, our lot is previously owned by Camp John Hay, then was under the jurisdiction of PEZA.It was just on the year 2006,where this other family cancelled the old ARP and just declared it under his name in a form of Tax declaration. just imagine sir the whole barangay for him to declare it as his own. So sir, what should we do then if one day, a stranger will just come and  make fence on the part of our lot na ipinagbibili ng isang pamilyang I mentioned earlier,and just showing us a tax declaration?I hope to hear from you again,atty. I am really being enlightened by you in this site with regards to legal matters.more power

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8 Re: Occupied lot being sold by other people on Tue Jun 25, 2013 12:32 pm

udmlaw


Reclusion Temporal
Survey - only serves a proof of until where your right to possess is.
Tax declaration - serves as proof that you possess the property.

Both only refer to the right of a person to possess and cannot be a basis to sell.

Again if you are a pioneer inhabitant that does not automatically mean that you are entitled to own that property. You can try to find out if titling over the camp is being processed already.

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udmlaw


Reclusion Temporal
To add to the advice better go to denr to check who is the declared owner of the parcel of land whe you stay so if another person is registered, you can immediately contest the claim

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twinbros


Arresto Menor
regarding the lot i made mentioned before, it has now come into worst. we had a neighbor,who had built a small cage for his chicken in our backyard, then little by little,he keeps on improving until he was able to built a semi-cottage.the worst, he already paid P30k to the family whom i made mentioned before as the one claiming our lot.the problem arises when this man,our neighbor doesn't want to dismantle already his little cottage,he insists that he already owned that portion of our lot.does he have the right?

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