When her mother was still alive, their verbal agreement is that the 3 children (A,B, & C)will be occupying in her mother area and the income will be shared by them, while the remaining children E,F,G,H,I & J were occupying in the fathers area which has 58,495 sq.m. with no share of their mother. From 2002, mother and A & B leased the 25,864 sq.m. up to 2013 and C also leased the remaining 12,932 without the signature of the mother. In fathers side, the 6 children pawned their area also including my friend in letter G.
In 2004, their mother died.
In 2005, all heirs( A to J) agreed to survey the whole area by selling the 10,000sq.m. in fathers area to be use for payments. When it surveyed, the total area (mother & father)where divided into 9 areas with 9,699sq.m each but the titles are still in mother and fathers name. No extrajudicial settlement has been made instead each was verbally claims their area without positioning it due to the 25,864 sq.m were still leased by their mother. The mothers area when surveyed become 1,2,3 and 4 while the fathers area were 5,6,7,8,9. And my friend verbally claimed in No.4 but still positioning in fathers(G) area waiting for 2013 to transfer in No.4.
In 2010, my friend was surprised when her brothers and sisters showed her their Transfer of Land Title in the fathers area. She was kick out in the area she’s positioning now and nowhere to transfer and got problem because that area was pawned in the amount of P50,000.
I helped her to check to ROD if what Deeds they are using and we found out that they forged the signature of her father and mother and proclaiming that their parents borrowed a money to them and if can’t repay the said amount, the area will be automatically sold as payments to them.
Now, we asked help to PAO and the PAO said that we can file a cancellation of titles but he asked me to prepare money if the judge will ask for a ban. But he can’t tell how much because it will depend to the area.
My question is that;
1. Except of cancellation of titles, what’s more she can file for no ban? What if she don’t have money to ban if the cancellation of titles will be filed?
2. Is it possible to file a case if the lands consist only 9,699sq.m.?
3. Is it possible if she only wants to transfer the title back to fathers name and no partition yet will be made up to 2013?
4. Is it possible that she can go back to the letter G?