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WHOSE GOT THE RIGHT?

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1 WHOSE GOT THE RIGHT? on Wed Oct 13, 2010 2:19 pm

myla_basa


Arresto Menor
Last 3 weeks ago, nagdemolished po kami ng isang shanty sa bakanteng lote sa dating pag-aari po ng byenan ko (although naforeclosed po siya nag aayos po sila nagpautang)

Yung property po ay 5 door apartment at may malaking bakanteng lote sa likod para parking. Ang kaso po kasi yung nakatira sa pangalawang pinto mayroong pinatayo at pinatirang dalawang matanda, na tiyahin nya at dalawang lalaki (apo at anak). Sa pagtirang iyon, me madalas na inuman, na mismo yung matatanda at mga anak ang umiinom at nag iimbita pa ng taga labas.

Last month, muntik na pong ma rape ang yaya ko, dinala namin sa barrangay at nagkaayos na paalisin ang lalaki at tanggalin ang shanty sa likod.

Pero nung mag dedemolish po kami, hiningan kami ng court order, kahit me kasunduan na kami sa barranggay. Tinuloy po namin ang pag giba, at binakuran po ito ng hollow blocks.

Ngayon po inaayos ang kaso sa barranggay, matigas po ang sabi ng pangalawang pintuan na dapat tayuan namin ulit ng tirahan ang matatanda dahil itutuloy po nila ang kaso laban sa amin (RA 9262 at illegal na pagdemolish). Ang sabi po nila kaya naman nakatira yung mga matatanda ay security guard po nila ng kotse, at ito po ay walang pahintulot ng may-ari.

Me karapatan po ba silang magtayo? Me karapatan po ba kaming pigilan iyon? Kung me karapatan sila, eh di me karapatan din po kami? Ano pong kaso ang pwede ang ihain sa kanila, kasi parang lumalabas po sila ang me karapatan kesa sa may-ari.

SALAMAT PO.

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2 Re: WHOSE GOT THE RIGHT? on Wed Oct 13, 2010 3:48 pm

attyLLL


moderator
is the shanty separate from the apartment?

what is this barangay agreement? who entered into it? are they they owners of the demolished property? was it just the would-be rapist and is he the owner?

I do not believe a case for VAWC will prosper. that law requires a prior family or dating relationship.

I would not have recommended that you continue with the demolition because someone was resisting. the proper recourse would have been to have the court enforce the bgy agreement to demolish the property.


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3 WHOSE GOT THE RIGHT? on Wed Oct 13, 2010 6:23 pm

myla_basa


Arresto Menor
thanks po sa reply. what would be the cure/remedy if we already demolished the shanty. Shanty is not part of the structure of the apartment. Barrangay agreement signed by both parties agreed into it, they signed it (this include the almost rape and demolition of shanty).

salamat po ulit.

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4 Re: WHOSE GOT THE RIGHT? on Wed Oct 13, 2010 7:43 pm

attyLLL


moderator
so the person who owns the shanty signed the agreement? the would-be rapist and the owner of the shanty, who lives in apt 2 is the same person?

when you were about to demolish the shanty, were people inside? what about their belongings? where were these old people and security guard?


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5 WHOSE GOT THE RIGHT? on Thu Oct 14, 2010 2:04 pm

myla_basa


Arresto Menor
the person who signed the brgy agreement is the would-be rapist, grandson of the old people, all of them sleeping there.

the person in the apt2 is the one who allowed the old people & the would be rapist to set up a shanty and sleep there.

when we demolished it, there was no people inside, they know beforehand because we advice them to move (afternoon), we kept in mind that we must handled their personal belongings carefully and i believed it was done. kumbaga walang nawala, yung kahoy na ginamit nila nakatabi at malinis naming tinabi, that's why that same night the old people started putting up the shanty and sleeping there again.

tnx again

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6 Re: WHOSE GOT THE RIGHT? on Thu Oct 14, 2010 6:53 pm

attyLLL


moderator
the rapist did not have right or authority to agree to demolish the shanty. your additional defense is that he misrepresented himself.

have the owner demand that they remove the shanty. this has to be a separate matter.


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7 Re: WHOSE GOT THE RIGHT? Today at 9:12 am

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