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property encraochment

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1 property encraochment on Sat May 09, 2015 2:11 pm

good day,

my neighbor made an extension of their house and add a floor and that floor's roof designed as "dos aguas" and the gutter of that roof exceed our property for 10 inches x more or less 5 meters. my sisters demand them to remove that gutter by going to the neighbor's house and talk to them but they disagree and bad mouthed my sisters. and because of that i seek for some help in the form of barangay, but after three meetings/mediation/hearing they still dont want to remove the said gutter even they also knew about the gutter is exceeds our property. in other say they confessed that they know the gutter exceed to our property.
my questions are:
if i'm going to file a case to them, can i file danyos perwisyos too?
for attys fee, filing fee, land survey's fee ( for "muhon" purposes )
and the reconstructing of their house doesn't have a building permit
where can i report that?
i also want to know if city engineers office are also has the rights for that issue or still filing a case is still the best solution?
is PAO (public atty's office) will accept this case? due to indigence. how if pao rejected me for this case?
i ask that question coz i already experienced that from pao eventhough i have certificate of indigency


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2 Re: property encraochment on Sat May 09, 2015 5:58 pm


Reclusion Perpetua
What action steps were agreed upon at the lupon?
Did they consider your concerns for the reported violations?
If the steps were not acted upon, lupon can exert pressure for compliance.
If not, the lupon can issue a certificate to file action if you wish to file charges.

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3 Re: property encraochment on Sun May 10, 2015 12:30 am

Our neighbor recomended the brgy counsilor to give us certificate to file action because they disagreed about the advice of the counsilor to remove the gutter to settle the complain and redesign the roof. So now im on the step to file formal complain to PAO. Do i need a
Land survey because our "muhon" was burden already and i dont where it is. What if our land title named to my father and my 3 siblings. My father was deaceased already. And my 3 siblings are at my back to file action for the concerned encroachment. Do we need to pay inheritance tax before complaining? Where could i report about the building permit?

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4 Re: property encraochment on Sun May 10, 2015 10:42 am


Reclusion Perpetua
The case is not filed with the Public Attorney Office.  They provide free legal counsel to those meriting consideration.  Their priority I believe are meritorious cases in all civil, criminal, administrative, labor and other quasi-judicial cases (Section 1, Article II, PAO Operations Manual).

Your case is filed at the court or at the office of the prosecutor covering your neighborhood.  When you file a case, you need to organize your evidence such as TCT defining the boundary among others.

Your resources to inquire about PAO are the PAO office, the Office of the Prosecutor where the case will be filed, a lawyer, the Register of Deeds, your lupon and city hall for permits.

Medyo matrabaho, makain sa oras at sa resources.
Baka ang priority niyo e ayusin ang titulo ng lote, saka na ang kapit bahay.

Last edited by centro on Tue May 12, 2015 8:53 am; edited 1 time in total

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5 Re: property encraochment on Mon May 11, 2015 1:49 am

What if i am going to remove the gutter and before that i tell the neighbor about that and also to barangay. Even though they wont let me. I will tell them that i will remove the gutter just to be safe in acuse as theft. Is removing that gutter will resulting to a malicious mischief eventhough my intention is just to remove it and not to ruin it? Does the PAO wont filled the cases eventhough i have a certificate of indigence? Ithink this issue can settle with mediation and pao's atty as mediator. I think our neighbor will agree to redesign the gutter if an advice will come from a lawyer. But if private atty will do the mediation how much it will cost?

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6 Re: property encraochment on Mon May 11, 2015 1:53 am

Do i need the TCT if my siblings just autorized me to file legal action?

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7 Re: property encraochment on Mon May 11, 2015 9:39 am


Reclusion Perpetua
wag na wag mo gagalawin property in dispute, lalo na kung sa neighbor mo to, pwede ka pa nila baligtarin,,
wag din magbase sa hinuha or thinking..
kausapin uli sa baranggay, if di sya magcomply, then the barangay will suggest for you to go to another level,
settle this out of court, mas madali, at the end of the day, kapitbahay mo yan,,, at whether u like it or not, katabi mo yan ng matagal tagal pang panahon...

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8 Re: property encraochment on Mon May 11, 2015 7:41 pm


Reclusion Perpetua
Do the roof damage much for you?
Otherwice it can perhaps be solved by they KEEP the roof, BUT they have to pay you "rent" every month Smile

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9 Re: property encraochment on Mon May 11, 2015 9:53 pm

They disagreed about that @ lunkan

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10 Re: property encraochment on Mon May 11, 2015 10:02 pm

@landowner salamat sa paalala. The barangay will issue a certificate to file action as our neighbor sugested it. Because our neighbor disagreed about the advice of barangay counsilor to move the gutter and redesign their roof. And the counsilor advice them that because we proove already that they exceed our property. But they still disagreed and suggest the counsilor to give us certificate to file action. I think they are not afraid on us to file a case because they know that we are not capable to file a case for financial reasons. So my only hope is the PAO to made a mediation. I think mediation will give them pressure because after mediation if nothing happens, the next level is on court and they know that they will lose the case.

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11 Re: property encraochment on Tue May 12, 2015 8:47 am


Reclusion Perpetua
in barangay level we have 3 types of dispute settlement
1. Conciliation
2. Mediation
3. Arbitration.
once these 3 were tried and nothing solved,
since their role is just the channel, and can not judge who is right or wrong, if the accused doesn't accept the decision of the lupon.
the kapitan will give up and recommend you to municipal level, in this case, same thing, they will try to resolve out of court. bati-bati,bayaran, etc, but still if one party refuse,, then pwede na dalhin sa korte..
eto kasi ang way para mabawasan ang bundok bundok na kaso sa mga courts, na parang pagong kung umusad, maliban na lang kung ikaw c Kris A.
again, PAO can help you represent in Court hearings, but still need to pay some sort of extra..

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12 Re: property encraochment on Tue May 12, 2015 6:11 pm

@landowner thank you po ng maraming marami... Paano po pala mag complain munisyo? Kxe ang barangay dto same d din alam ang ggawin e. Bibigyan daw po nila q certificate to file action. Wla nmn nabanggit tungkol jan sa munisyo

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13 Re: property encraochment on Tue May 12, 2015 6:28 pm


Reclusion Perpetua
city ciguro location mo, in that case, pwede na yan diretso sa court,
sa case kasi ng province, police ang next recommendation ng kapitan,, para mablotter ang case/alitan.. then c inspector ang mag-iimbestiga bago irecommend ang filing ng case judicial courts..

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14 Re: property encraochment on Wed May 13, 2015 1:30 am

Opo caloocan city po aq. Maraming ty ulet.

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