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1 seek immediate advice on Sun Feb 15, 2015 3:43 pm


Arresto Menor

Kindly give us your advice. Sometime in 1985-86 my parents bought a piece of land. My parents at that time were not looking for a lot at that time but the owner (one of the owners) has befriended my father and has offered a piece of land. Ang sabi may lupa sila na binebenta. Naawa daw sya na sa isang shanty place (o mababa na lugar kami magpapatayo ng bahay) kaya mas mabuti daw na bilhin na lng ng tatay ko yung lupang yun. Dahil tinuturing niya na relative nya lng daw yung family namin mas gusto nila na sa amin mapunta yung lupa. The lot accordingly was bigger in actual size than what was registered in the title. I think kung di ako nagkakamali, ang nakasaad lng sa title is approx 600 or 800 something sq.m then sa actual it would appear to be around 2000+ sq.m..and they were offering it at 60,000 lump sum.

when my father asked kung bakit ganun, ang sabi ng mga may-ari nagkamali daw siguro or something like para mas mura lng yung mabayaran na tax ( im not sure about this).

so, they brought my father to the said location for ocular inspection..i was still a grade school at that time, other members of the family were around also. they have invited some people (residents there) to assist them in locating the post (mohon). Yung is ay parang caretaker ng mga lupa nila at yung isa she was a brgy official at that time and she was also asked to help sell that property.

at my age, I have observed that the lot was like a forest..Masukal, tambakan ng basura, ang daming mga malalaking butas, maraming puno ng kawayan at I think there were 3-4 very old tress...and kwento ng mga taga ron, na delikado daw yung lugar na yun kasi parang binabahayan daw ng father however, did not mind that and took the offer.

I remember my mother and I travelled to zamboanga immediately to borrow money to his brother. Before, payment was handed, since my father was still in doubt of the mismatch in the area, the owner have requested one of the siblings to bring my father to their lawyer and explain the case and accordingly, it was just ok ( I dont know what was the explanation though) but my father said the lawyer have read a particular resolve case from the supreme court that is similar to that di nga pareho yung nasa titulo at sa actual size. Without mincing words, payment was made in lumpsum..ang nakasaad sa dead of sale ay yung kung magkano yung lumpsum na binayad at yung supposedly title na binigay nila indicating a lot with an area of 600+ sqm.

we put up a house, my father develop the place, nilinis nya ang lugar ( and we are a witness kung paano nagpagod ang tatay ko to keep the place suitable for his children/ family to live) and for more that 15 years wala namang problema. the way, yung family ng nagbebenta at mga anak nya from time to time pumupunta yun sila sa bahay at kukuha ng mga saging at kung ano pang prutas na galing sa kabilang lote nila wherein they have asked my father to lookafter (taniman daw) para hindi makuha ng CARP. the place/lot is really very appealing now..dati na wala pang klaro na daan ngayon we are along a cemented road.

ang hinihingi lng dati ng isa sa mga may-ari na kung sakaling yung mga anak nya ay magpapatayo na ng bahay sa likod kasi may malaki pa silang lupa sa likod kung pwede bigyan sila ng malaki-laki na right of way para may madaanan na sasakyan. so that time came. yung dalawang anak nya na babae ay nagsisipag-asawa na din. my father told them to go to the city planning to secure a proper plan kasi at that time ginagawa na yung road dun so in that case kung bibigyan sila ng right of way sa lupa it would be according sa plan ng city para maayos ang pagkaputol o they have secured the mother title of their lot and what was found out that yung lupa kung san yung nabenta nila sa amin at kung saan nakatirik yung bahay namin ngayon was still part of their big lot at the back and yung title na binigay nila kung saan yun yong nakasaad sa ginawang dead of sale ay lupa nila na separate sa likod.

their father at that time was still alive however was sick.. my parents have told us that at that time my family disageements yung pamilyang yun at lahat ng mga hinanakit ng kanilang ama ay bini-vent out nya nga sa parents parents would have talked/discussed that matter with him (yung seller ng lupa) but they have decided to give him sometime to recuperate coz it might worsen the problem..unfortunately, the seller died.

a case was filed ng mga anak/heirs (nung seller) claiming that sa kanila daw yung lupang yun kasi nga iba naman yung title na nasa amin at yung nka saad sa dead of sale nga...that case was dismissed.

for after 10 years or more they have filed a case again telling my parents that we are not the owner of the said lot, squatter lng daw kami dun so we need to relocate at the back and pay rent..the case run, several hearings done..we presented witnesses yung dalawang tao na tinawag nila to locate the post and identify the lot prior to buying it...ang nangunguna talaga sa kaso nila ay yung mga asawa nila..binigyan nila ng special power of atty to do the work in behalf of my understanding, yung dalawang anak kasi alam na alam nila na yung kini-claim nila ngayon, alam na alam nila na yun yung lupa na binenta nila sa magulang ko..they were of legal age at that time when that lot was sold..

the judge has given her judgement and it was adverse to was in favor to the other nanay said, upon reading here judgement, she gave weight of the title that the other party was holding and not the cirucmtances of what really happened in the procurement of that lot.

I feel really bad I want to explode on this, I wish I can cry for my father..I know my father is really in pain..we saw how much he sacrificed to make this lot just can imagine how much trashy the place was..he would come to work and do the cleaning and clearance..we witnessed the bruising and the cuts he had while clearing the took so many children we grew up husband was telling me how come my parents did not manage to work it out to transfer the title to our name early so the problem could have been known while the true owners are still alive...Yes! that would have been really great..but how can my parents do that when there was not even enough money for food, for the basic needs of the children..all of us 5 children finished our studies through scholarship that time, yung mga titulong yan pa ba ang halos wala nga kaming makain nun, wala kaming pamasahe sa the trust that they have given to the seller was just so high, they even were treated as a close family friend/relative...di naman nila iniisip ang ganung problema na di tugma yung hinahawakan nilang titulo

kindly advise..binaba na ng judge ang judgement nya for us to relocate and for the years since they have file the case we are to pay them for rent--what the heck!

my parents are planning to appeal this case..but I want to hear your advice..what can we do to save our property? This is our property in the eyes of those claimants now (yung mga anak nya) at in the eyes of God..the interest of money just make people blind and make up stories

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