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Land Title

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1 Land Title on Sun Aug 18, 2013 10:39 am


Arresto Menor
Hi All,

2011, My 1st cousin stole a land title and pawned it for a price of P 75,000. The daughter of the owner who is already deceased that time took part of it but she was not of legal age and is only 17 years old.
Now, the Lendee is not aware that my deceased aunt's daughter is not of legal age.
Thing is, my 1st cousin is still not paying the debt she awes and will not have the intention of doing so.
The Lendee threaten us that if she will never pay her, she will sell the land title to anyone.

What should we do to my 1st cousin who stole the land title? Will the Lendee also have the right to sell the land title even if she knew that the deceased owner's daughter is not of legal age when the said incident happened.
It was 2 year ago and we didn't file a case because my 1st cousin will sure be into jail. But this time we are decided to put them into prison.

Please help us.

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2 Re: Land Title on Tue Aug 20, 2013 5:31 am


Reclusion Perpetua
I'm not sure if I understand which is the MAIN purpouse - saving the land?
If so - to who? To the daughter (but she is involved...) or is it more heirers?
You write "them". Who more in jail than your 1st cousin?

Have you thought of a third option =Try to settle the LAND issue, but NOT claim puting any in jail?
If so you can try to handle it as "Small case" (=both simpler and faster process)
or perhaps even the baranggay "court" say OK to handle it.

If the Lendee try to sell it, you can tell a court LATER TOO you disagree,
BUT if the disagreement isn't registred proper so NEW BUYER can't see it, then the new buyer can claim he didn't knew, and then it can become a very complicated and long time case, so better try to avoid that.

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3 Re: Land Title on Tue Aug 20, 2013 7:18 am


Arresto Mayor
Your narration is not very detailed, but based on it:

Your first cousin may be charged with the crime of swindling a minor.

The creditor cannot sell the land because it is not under his name.

You can file a case for recovery of the TCT or cancellation, with the Regional Trial Court that has jurisdiction of the place where the land is located.

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