I would appreciate your opinion/suggestion regarding usurpers who have firearms in a rural property.
How can one possibly get the authorities to
act on this?
This involves four brothers claiming someone else' land. When the owners acquired the property, the parents of these
four brothers were residents there.The oldest one was designated the tenant/caretaker of the property. After their parents died,the rest were allowed to stay in the property on account of the position of their tenant caretaker brother.
Two of them moved away
then came back several years later.
The heirs of the original owners had to leave for jobs outside of the town where the property is located.
This property was subdivided into ten lots giving about 5 hectares each to the heirs. Each lot has a Torrens Title.
For many years, since the property was acquired,the caretaker tenant gave
the landowners' share of the produce
from the land which was tilled by share croppers.
Sometime in the 80's, when the two brothers
who left town came back, they convinced
their caretaker brother to stop giving the
rent from the share croppers to the owners
& to claim ownership of the land because
someone told them the area is in excess of
what is allowed by agrarian reform law.
A case for quieting of of title was filed
by the oldest of the heirs but he committed an error by not including the other
heirs or filing as a group...
He won his case but the brothers could not
be evicted as they were residing in the
other heirs' lots/properties although they
were claiming his property & taking
the produce & everything else they could
get from about 40 + hectares including
illegal logging & selling the soil to construction
The heirs attempted to solve the
matter with the help of the Barangay Captain
but the usurpers did not show up when summoned.
Due to some family problems, it was not until almost a decade later
when another case was filed. This time, they filed a case of unlawful detainer.
They lost the case due to prescription defense .
The judge said they tolerated the situation
for a long time or "sat on their rights".
The truth of the matter, is, the heirs were afraid for their lives to go to the property to assert their ownership rights as there was/is imminent danger due to the threat of potential violence. There were reports of the usurpers having loose firearms.
The caretaker tenant & his son when asked
as to why they moved from their former
location to another which was farther away, relayed the information about how they
were shut at by his two younger brothers
over the produce of the land.The wife of the caretaker & another tenant corroborated this
account about the loose firearms
These people are actually usurpers
who have been stealing what belongs
to the rightful owners, harass the
sharecroppers who till the land into giving
them the land owners' share/rent, keep & used
loose firearms/disturbed peace & order..
I've read in the DAR website that in cases of illegitimate tenancy which
is true here, the defense of prescription
is not applicable & the usurpers
are not entitled to the protection of existing
Is this correct?
Nobody is willing to
testify.They are intimidated.
Would it be acceptable for the one
to whom the tenant caretaker reported
the account of the shooting incident
to be witness to the police so they
would look into the matter?
Would a search warrant be needed to search
This injustice has gone on for such a long time
Everybody is afraid to do anything for
fear of their lives.
How do you get the police to go there
without a witness (someone who has
seen the firearms)?
Thank you for your attention.
I hope someone can give some