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What other case can be file except of cancellation of title?

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Falynis


Arresto Menor
Good day! please help my friend on her problem regarding their land. They are 9 in the family and her father died last 2002. Her father has 58,495 sq.m. and her mother has 38,796sq.m both with coconut trees.

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?
Please help…
Thanks!

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attyLLL


moderator
does it mean that the deeds were notarized at a date when the mother was already dead?

to whom did she pawn the property?


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Falynis


Arresto Menor
Yes... They used the Deed of Voluntary Land Transfer executed pursuant to Section 20 and 21 of R.A. No. 6657 between the NAME of FATHER and to farmer-beneficiary namely E,F,H,I and J. Stated there;
1. That the landowner voluntary transfers his/her ownership over a parcel of agricultural land covered by R.A.6657 and opts to be paid directly by the farmer-beneficiary. Then stated the area…
2. That the farmer-beneficiary is desirous to be benefited under the Voluntary Land Transfer/Direct Payment Scheme (VLT/DPS) and is willing to pay the landowner directly.
Now, Therefore, for and in consideration of the amount of P70,000.00 or _______(if in kind), the landowner hereby conveys, transfer, and cedes unto and in favor of the farmer-beneficiary the above-described parcel of land under the following terms and conditions.

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attyLLL


moderator
but this doesn't seem like a pawning of the property, it looks like a sale.

does it mean that the deeds were notarized at a date when the mother was already dead?


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Falynis


Arresto Menor
yes po..2009 when it was notarized and both the mother and father died already. The MARO of DAR in our place also signed the documents.

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Your friend may file a criminal case for falsification against those who made the forgeries. Why not also file an administrative case against the notary public before IBP chapter where he is a member? Also the MARO, there is negligence on his part and for this you can likewise file a complaint against him.

You may also try to file a case for cancellation of CLOA before the PARAB. sifone


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Falynis


Arresto Menor
Thank you! What is PARAB? Her problem is that, the PAO asked her to prepare for a BAN if they gonna file the cancellation of title incase if the judge will ask. But she has no money for it. What is the other option?
For now, she still need to attend to the last hearing in barangay to have the certification.

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