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What kind of law suit can we file against a Subdivision developer who lets squatters dominate its undeveloped land?

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josephamoyo


Arresto Menor
Since 1989 I reside in an exclusive subdivision in Paranaque and until now the other subdivision under Metrobank (Metrobank Subdivision) has left its land undeveloped & unprotected against illegal tenants/squatters (whom I was informed a registered voter of Pque)...Since 2006 between months of May to September came rampant robberies from one house to another including ours. For us it is enough that we keep quiet though we report all incidences to our village security & the Homeowner Assoc. If I can solicit a signature campaign demanding the developer to demolish the illegal tenants/squatters occupying the 20-30 unfinished row houses on our north eastern corner when we face the perimeter fence of the subdivision, is it feasible? My family especially my wife has until now traumatic stress because our room was robbed thru our window tearing a small hole enough for an arm to slip & grab everything inside amounting to 70Thousand (gadgets & cash) & personal ID’s & what they call “Sungkit/Sinungkit”..We are on the 2nd floor already & the difference between the perimeter fence is about 6-7ft. Our house has been well secured by a steel bar fence since 2006 when I personally saw the robber already finished hand grabbing our gadgets & ran thru our back door facing the perimeter fence behind & now since probably they were frustrated the only way to rob us is thru our window at the 2nd flr or using it to get to the roof...It happened sometime August 28-September 1, 2010. We also came to realise that from time to time certain portions of lands from the neglected subdivision has been tilled & being camped which we believe one way for observing our routines from behind. We fear that there might be criminals or ex-criminals residing among the squatters. Hope you could give us advice & encouragement. We appreciate you.
Added questions pa po:
1. Would going on media like Imbestigador, XXX, Isumbong Mo Kay Tulfo etc. speed up the process? Do you advice it?
2. Can a class suit be enough to have it resolved (with the signature campaign) or a single one.

3. Do I have any recourse to ask for money for damages & theft on our properties and amend
the claim, if so what entitlements do I have to maximize the judgment?

4. Any other tips/ideas I am not thinking of?



Last edited by josephamoyo on Fri Sep 03, 2010 5:42 am; edited 2 times in total (Reason for editing : added new details again & its final)

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attyLLL


moderator
very tough situation, but i believe it cannot be gainsaid that the root cause of the robberies is the failure to develop the subdivision.

to win in a suit, you have to show the causal effect between your injury and the acts or omissions of the defendant.

without personal interest in the occupied property you cannot compel the removal of these squatters. there is no legal presumption that the robbers live there, and even if they did, this is not sufficient reason to evict their families, only to prosecute them for their criminal acts.

one possible suit you can successfully claim is that the developer's failure to complete the subdivision created a nuisance which brings down the value of your own property. unfortunately, this will not answer your security problem.

i would recommend to you to primarily focus on beefing up security, and if possible, prosecute anyone who is caught. install cameras, and razor wire on the perimeter wall and increase security force visibility. security experts recommend having a series of layers of defenses to deter and prevent intruders.

you can also try convincing local police authorities to actively investigate the matter.


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