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Compulsary Heirs Disagreement

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1 Compulsary Heirs Disagreement on Sun Aug 04, 2013 10:54 am


Arresto Menor
We, remaining siblings are all in the USA. We have a property left to us by our deceased parents in Baguio City, Philippines. At the moment, our niece and nephew, both in their 30's are living there in separate rooms, as a result of their father's demise in May,2013. Now, my other brother went back from the mainland USA for good and now will serve as an administrator on our behalf. According to the Phil Civil Code, only one portion of the house is entitled to my niece and nephew, this is one room to occupy. But, they insisted on occupying separate rooms, as said by their father (my brother) who lived there when he was still alive. In case, they are presented an Extrajudicial Waiver, they would not sign it perhaps. Now, their mother is trying to fight for her children's right to occupy two rooms instead of one, with her nephew, who is also a prosecuting the same City. She also insists to see a proof that my brother who came home, has the administrative power to say no, you can only occupy one room, etc. Do we, all siblings in the USA have to issue him a limited SPA? How can they question/argue a lawful fact in the Phil Civil Code? Please advise me accordingly ASAP. Thank you.

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