Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

VERBAL AGREEMENT: ON OCCUPYING A PROPERTY NOW BEONG EJECTED.

View previous topic View next topic Go down  Message [Page 1 of 1]

itsrainingmen


Arresto Menor
WHEREAS, I AM of legal age and presently reside atDalig, Antipolo City, Province of Rizal.

WHEREAS, that the said address above is a property of RODOLFO “Rudy” of Legal age and reside St. Jude Subdivision, Novaliches, Quezon City and a Relative of mine (Cousin in 1st degree)

WHEREAS, by the year 2005 I approached Kuya Rudy for assistance during a crisis at that time. And one of the things confronting me at that time is my dilemma about housing for I only rent during that period. In line of this Kuya Rudy Mention of His property in Antipolo, this is previously occupied by His Brother and family. And said to me, take a look at it and it might be possible for me to occupy it. Also we ended up with that discussion due to my Revelation of my mother being confined at Kanlungan Ni Maria, (a home for the aged) which happens to be located within the same subdivision of His Property.

WHEREAS, following the talk with Kuya Rudy I took a look of the said property. Right there I discovered how impossible the condition was of the house to be occupied. It was in the verge of total wreck not for its concrete walls a Collapse is eminent. With that I reported back to Kuya Rudy, He told me that His Brother abandoned it for sometime now that’s why the property is never Taken care of since then. He proposes do something with the said property to be able for me to occupy it.

WHEREAS, after a few months later one step at a time little by little we made the house to be better for a home. By a Special Power-of-Attorney (SPA) given to Me by Kuya Rudy I manage to applied for utilities services (e.g. Meralco, Water Service, telephone) in my own name. All of this is in my own expense. And Sometime in August, 2006 I made our transfer to our new address. From That Time on we made sure that the property of Kuya Rudy is well maintained of. As much as possible maintaining the property is on going if financial availability permits.

WHEREAS, sometime in 2008 ROLANDO “Rolly” made his Appearance to the said property. For Him it was unexpected for him to see us residing there. And in 2009, Kuya Rolly made us known that they are beginning to consider selling the property. The news is surprising to us because The Owner never mention it me. And again early this year 2010 Rolly mention to us that the said property is up for sale and we must vacate. In lieu of this I talked to Kuya Rudy to ask for conformation and consideration regarding our condition. Pointing out that it is so sudden that we don’t have enough money for us to transfer at moment notice. Again He (Kuya Rudy) assures me whatever happens He will give me some amount for the things I done with his property. And ask me how much I used for the house renovation and the utilities Service application.

THEREFORE, I have no intention to be hard on this and I view this in a right manner. What I want is to have my security based on what Kuya Rudy and I talked about. Again I emphasis that I will talk to Kuya Rudy only for He is the rightfully owner of the property and He is the only one I talked with for me to stay on his property in the first place. After the misleading words, untoward behavior of Rolly and an insult making me to sign a paper telling that I have to vacate immediately. And whatever previously talks we had with Rudy will be given.


> IF MAY I INQUIRE WHAT OR DO I HAVE RIGHTS ON THIS MATTER?
> WHAT COULD BE MY ARGUMENT IF BRGY MEDIATION WILL BE IN EFFECT?

View user profile

attyLLL


moderator
After the misleading words, untoward behavior of Rolly and an insult making me to sign a paper telling that I have to vacate immediately.

what is this paper? is it an agreement or just a notice to vacate? what does it say?



Last edited by attyLLL on Thu Nov 11, 2010 5:12 pm; edited 1 time in total


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

resjudicata


Arresto Mayor
Hi itsrainingmen: Let it be noted that you do not own the property. Your Kuya Rudy owns it, right? as per your statement. And since all the improvement appears to have been done in good faith, you must be properly indemnified before he can appropriate it. He may offer you to buy it but it most be lower to what you have spent, or something to this effect. When you effected those repairs, which I think were extra-ordinary, have you notified your kuyang?
Your right to enjoy the property is extinguished the moment your right to enjoy it is terminated or the period for which your enjoyment was made has expired.

View user profile

itsrainingmen


Arresto Menor
@attyLLL: Its a notice to vacate. indicating that we have to leave on or before Nov. 30. My issue is, we had talks between the owner that is not indicated in NTV. All i want is that for the owner uphold what He said for me to be able to go out of his property. By the way all recent talk was made by "attorney-in-fact" also the brother. but it gives me to doubt, because when talking with the owner its a different story in a way that He never mention that we should leave immediately.


One more thing is the SPA between me and the owner giving me authority to occupy and for me to apply utility service for the property in my own name is already mute in academic when the owner made another SPA delegating the process of selling?

View user profile

itsrainingmen


Arresto Menor
resjudicata@ all things done on the property the owner has the knowledge about it. and if only i know that the owner will sell the said property i shouldn't had things done. however, upon learning the sell the owner assures me that what ever expenses incurred will be returned.this arrive when i express my plight with the owner. And I think its unfair that after I expend on the property they will sell it. And i definite believe that the owner is being pressured by the brother who had the real interest for the property all along...

On that note: I may sound out of place but im just exploring my possibilities.

View user profile

attyLLL


moderator
if the terms of your SPA are incompatible or superseded by the new SPA then it is extinguished.

you can take the position that your are entitled to reimbursement of all your expenses to rebuild the property. However, you do not have a possessory lien on the property now that the owner is asking you to leave, meaning you cannot maintain possession over the house while they have not paid you.

nevertheless, if you are adamant, they cannot take the law into their own hands and force to move out. if you stay, they will have to file a case at the bgy and later at the MTC. at any stage, you can reach a settlement. good luck.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

itsrainingmen


Arresto Menor
speaking of the SPA. can i question it? Yes, Brgy proceedings already started but during the 1st meeting, i am demanding that the Owner not the Brother (Attorney-in-fact)whom i shall talk with because to the later who i have agreement with. The Brother told that He(owner) is already old (60y/o) and cant keep up with the travel. In that sense, made me think how come they able to perform the SPA to a notarial lawyer in Manila while they reside at Novaliches. I think the said SPA is dubious. according to the Notarial Law of 2004
(RULE IV :POWERS AND LIMITATIONS OF NOTARIES PUBLIC,Sec 2 SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction:
(1) public offices, convention halls, and similar places where oaths of office may be administered;
(2) public function areas in hotels and similar places for the signing of instruments or documents requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and
(4) any place where a party to an instrument or document requiring notarization is under detention.
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document -
(1) is not in the notary's presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules.)

moreover the format of the SPA i think is not proper. witnesses to the said act is has no names only signature. And one of the witness is Brother's wife (Atty-In-Fact). So I assume that during the execution the witnesses who signed is no where present.

if you can also enlighten me on this it will be a great help.
Thank you.

View user profile

attyLLL


moderator
if you wish to question the notarization, you can go to the RTC of Manila to ask the office of the executive judge if they have a record of the SPA. if they certify that there is none, then the SPA will lose its presumption of validity.

a document can be notarized anywhere and it will be valid.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum