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Ownership Problem

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1 Ownership Problem on Tue Aug 30, 2016 4:04 pm

vernz_sandra22


Arresto Menor
Gusto ko lang po sana humingi ng legal advice. To give you a brief history.

Isa pong community ung barangay nmin na kung tawagin ay Patungan Maragondon Cavite. Siguro po more than hundred years na kming nakatira dun. dun na po sinilang ung mga magulang na kung saan eh 70 years n po. Meron n po ciang Cemetery, church and school cguro po meron pong 200 plus na bahay ang nakatayo dun.

Meron po bang masasabing rights ung mga nakatira doon sa tagal ng kanilang tinigil doon. Sa ngun meron pong ngsasabi na cia ung mayari ng lupa pero never po kaming ngbayad ng upa sa kanila. And as part po ang pagkakaalam ng mga magulang eh isa po siyang government property na kung saan eh part siya ng fishing sanctuary ng maragondon.

Meron po kasing nagaganap n demolition dun. and patuloy po silang ngaappeals. Ask ko lang po sana kung ano po ang masasabing rights ng mga magulang ko doon.

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2 Re: Ownership Problem on Tue Aug 30, 2016 4:40 pm

Lunkan


Reclusion Perpetua
(My Tagalog is bad, so I don't understand some.)
I don't know if that place is counted special or normal.

In normal cases:
Is it government land, which your parents have had user rights too?
Have your parents or ancestors paid PROPERTY tax at least 10 years?
If "Yes" to both, then your family can APPLY to get the title for a fee, but it isn't sure it will be approved. If it has been since around 1947 too, then your family can DEMAND to get the title for a fee.
(I don't know if there are local differences or changed since a few years ago, but then the fee was around 2000p per land.)

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3 Re: Ownership Problem on Tue Aug 30, 2016 5:20 pm

jazelannemaglalang


Arresto Menor
Hello.

Just to add some info with this issue, the land is under grabbing case right now. The land grabber is showing a land title and a tax declaration under their name. So, the people are trying to fight for it since they have stayed there for more that 150 years.

So right now, it's very much unclear if this is a private land since upon checking the lot no. that the land grabber is showing, it falls in a different place.

This disputed land is already a small community. It has its own church, school and a cemetery.

Will there be chances that people can win this case?

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4 Re: Ownership Problem on Tue Aug 30, 2016 6:52 pm

Lunkan


Reclusion Perpetua
Oh it's a DIFFERENT place, but they claim it's where your parents live?
If so it don't seem to be a problem legaly, but it can be inconviniences anyway by they try to get it.

BUT to reduce the risk for future problems:
Do the Registers say anything about ownership? (=Register of Deeds plus the local property tax office.)
It's a community? Has anyone in that group paid any property tax? Or paid anything else as for instance a lease fee?

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5 Re: Ownership Problem on Tue Aug 30, 2016 7:02 pm

jazelannemaglalang


Arresto Menor
But the thing is, they're claiming that it belongs to that lot number. The land grabber says that they owned 602 hectares of that particular place including that small community. It has been brought to the authority but then LGU doesn't want to get involve with it since there are rumors that the Governor itself is the one who's trying to sell the land also.

They did a partial demolition already. 10 houses has been destroyed. They are actually wiping out the whole community.

As per what I know, no one pays any lease there and the likes.

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6 Re: Ownership Problem on Tue Aug 30, 2016 7:33 pm

Lunkan


Reclusion Perpetua
Oh. Then it can be a big problem undepending of it's legal or not Sad
Does the title SAY the comunity place is a part of the titled?

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7 Re: Ownership Problem on Tue Aug 30, 2016 8:01 pm

jazelannemaglalang


Arresto Menor
Indeed, it's a very big problem and people are actually desperate to ask for help.

If I'm not mistaken, they just showed a 602 hectares tax declaration and not the title itself also.

Is there by chance that people can claim the land since they have been the inhabitants for more than 150 years already?

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8 Re: Ownership Problem on Tue Aug 30, 2016 8:29 pm

Lunkan


Reclusion Perpetua
Oh no one in the comunity have seen the title.
The local property tax office know which title it is - if there is any. If knowing the title number, then the exact location can be checked at Register of Deeds.
But the comunity have a very weak case by no property tax is paid.

OR is it a TRIBE land?
Then there are some laws to PROTECT such in some regions, but some don't follow the law Sad Some tribe and human rights organisations try to assist in such cases.
I don't know if notice it in media can assist.
Which province is it?

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9 Re: Ownership Problem on Tue Aug 30, 2016 8:36 pm

jazelannemaglalang


Arresto Menor
Unfortunately, when the legal advisers of this community is trying to check the papers, no one dares to show it to the community. They have been deprived of all legal documentations since there is an issue that even LGU is involve in selling the land. Sad

What is the definition of TRIBE LAND?

This has been shown in ABS CBN just recently since people are really fighting for it.

Province of Cavite. Specifically, Patungan Cove, Maragondon, Cavite.

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10 Re: Ownership Problem on Tue Aug 30, 2016 9:12 pm

Lunkan


Reclusion Perpetua
jazelannemaglalang wrote:Unfortunately, when the legal advisers of this community is trying to check the papers, no one dares to show it to the community. They have been deprived of all legal documentations since there is an issue that even LGU is involve in selling the land. Sad

What is the definition of TRIBE LAND?

This has been shown in ABS CBN just recently since people are really fighting for it.

Province of Cavite. Specifically, Patungan Cove, Maragondon, Cavite.
Make a written demand to Register of Deeds (and local tax office) to get copy of the title. If they refuse, then they break the law...

There are some land which law reserve to tribes. I know there are rather much such at Palawan mountains, but I don't know about Cavite.

If you don't know allready - Search for tribe or human rights organisations. I suppouse they know contacts to each other and know if there are any special for your region.

The more people and public oppinion for you, the better chance you can stop it.
An organisation can try to contact Duterte too to see if he assist. (Or everyone send own letter there, if president office don't answer.)

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11 Re: Ownership Problem on Tue Aug 30, 2016 9:24 pm

jazelannemaglalang


Arresto Menor
We've been trying to post this through social medias and we've been sending letters much as we can but as of now, we haven't received any response yet. It's quite challenging since LGU wont help the community as well.

There are several organizations that has been actively helping the community but we just want to gather much information as we can.

May I just ask also, how can the people get a TRO to stop the demolition?

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12 Re: Ownership Problem on Tue Aug 30, 2016 9:45 pm

Lunkan


Reclusion Perpetua
I see.

I don't know if The Volunteers Against Crime and Corruption  is active in your region.

This is perhaps useful:
ACCRA lawyers who work with Property Rights and Vested Rights under IPRA
http://www.accralaw.com/publications/revisiting-property-rights-and-vested-rights-under-ipra

They have no right to demolish when it's questioned.

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13 Re: Ownership Problem on Tue Aug 30, 2016 9:55 pm

jazelannemaglalang


Arresto Menor
But this is for Indigenous People right? People who live there are fishermen and farmers.

One more thing, who can sign an order of demolition aside from the judge? Will the clerk/secretary is allowed to do so?

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14 Re: Ownership Problem on Tue Aug 30, 2016 10:02 pm

jazelannemaglalang


Arresto Menor
Anakpawis.net file photo
Anakpawis Party-list Rep. Ariel Casilao is pushing for a congressional inquiry into the alleged land grabbing case in Patungan Cove in Maragondon, Cavite.
In a statement on Saturday, Casilao said he filed House Resolution 209 to call on the committees on ecology, natural resources and agrarian reform to investigate reports that the Maria Theresa Virata (MTV) Realty Corporation has sold the 602-hectare beachfront area to Manila Southcoast Development Corporation.
The MSDC, owned by business tycoon Henry Sy,  is supposedly planning to convert Patungan Cove located in Brgy. Santa Mercedes to an eco-tourism hub.
Casilao said fisher folk and farmers group "Save Patungan Now Movement (SPNM)" told him that MTV Realty only owned 13.5 hectares of land in the area.
"The fishing and agricultural grounds in Patungan Cove is set to be converted into an eco-tourism hub in which the cove is also surrounded with various tourism spots and resort such as Hamilo Coast, Pico de Loro Beach Resort, Puerto Azul Beach Resort and others," he said.
Casilao cited the Department of Environment and Natural Resources earlier warning that Patungan Cove is home to a marine reservation area that cannot be privately owned.
He added the Naic Regional Trial Court issued a writ of demolition last July which MTV Realty used to forcefully evict the Patungan residents.
"Since the Naic RTC issuance of the demolition order, the SPNM group is now facing charges, threats, harassment and intimidation committed by elements of the police, military, and private security guards of MTV Realty Corporation and MSDC," Casilao said.
"There were also reports that the demolition of houses, which started in 2012, already displaced more than three hundred households," he added.
Affected residents have refused relocation offers, saying they cannot afford to pay for the monthly amortization.
SPNM members are camping out in the cove to protest the planned "redevelopment" and to dramatize their struggle to protect the area's natural resources. — Joseph Tristan Roxas/LBG, GMA News

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15 Re: Ownership Problem on Tue Aug 30, 2016 11:23 pm

Lunkan


Reclusion Perpetua
jazelannemaglalang wrote:But this is for Indigenous People right?
Yes.
I missunderstood you, thought the case was about indigenous people.
jazelannemaglalang wrote: One more thing, who can sign an order of demolition aside from the judge? Will the clerk/secretary is allowed to do so?  
No, but a clerk can write out what a court decide. The long quote tell there has been a court involved, but unclear if it was corect done.

Odd if any private own that much as they say, because the National Park is just beside and that belong to the government...

I see at the long quote there are some with knowledge at your side allready. Sorry I can't add anything more useful.

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16 Re: Ownership Problem on Wed Aug 31, 2016 8:47 am

jazelannemaglalang


Arresto Menor
Thank you so much for this.

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17 Re: Ownership Problem on Wed Aug 31, 2016 12:00 pm

Lunkan


Reclusion Perpetua
Sorry I couldn't contribute any much.

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18 Re: Ownership Problem on Wed Aug 31, 2016 8:06 pm

jazelannemaglalang


Arresto Menor
It's okay. Your reply is very much appreciated. Smile and it's a complicated case as well.

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19 Re: Ownership Problem on Wed Aug 31, 2016 10:00 pm

Lunkan


Reclusion Perpetua
Well. At least I care.
We Swedes are known for taking side with the weaker part in power abuse cases. Although we is a small country we have protested against both USA, China and Sovjet when they have missbehaved Smile

The "Ombudsman" the Philippines have got to support the weak is a Swedish idea and word Smile
I don't know if they take cases as yours, but have you tried them?

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20 Re: Ownership Problem Today at 4:35 pm

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