How to evict illegal settler sa isang lot property?

anonymous
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Paano mapaalis ang isang illegal settler?


Situation: May isang 200 sq.m lot na pag - aari ng 5 magkakapatid. Ang isa sa magkakapatid ang lola ko, who paid for the request of land division and taxes. The lot now has an approved tech description and ready to be divided to 3 heirs (the 2 sibling waived their rights to the lot) namely: Fransisca Panerio-Encarnacion, Amalia Panerio-Joson, Marta Panerio-Nazareno. The only surviving sibling is Marta.


Question: May illegal settler sa lot ni Fransisca. More than 30 yrs na nakatira dun. Pinatira ng lola ko na walang kapalit sa kondisyon na kapag kinailangan na ng pamilya ang lupa ay kusa silang aalis. Ngayon na hinihingi na namin na sila ay umalis, humingi sila ng kabayaran na 50,000 bago sila umalis. Paano ba namin sila mapapaalis ng hindi kami magbabayad ng ganitong halaga? Hindi naman sila nasasakop ng LINA LAW.


Translation: How can an illegal settler be evicted? There is a 200 square meter lot, which is owned by 5 siblings. One of the siblings is my grandmother, who paid for the request of land division and taxes. The lot now has an approved tech description and is ready to be divided among 3 heirs (2 siblings waived their rights to the land), namely: Fransisca Panerio-Encarnacion, Amalia Panerio-Joson, Marta Panerio-Nazareno. The only surviving sibling is Marta.

Now there is an illegal settler in the lot of Fransisca, who has been living there for 30 years now. My grandmother had allowed them to live their on the condition that when our family needs the lot, they would willingly leave without any incident. Now that we are asking them to leave, they are demanding payment of P50,000 pesos for them to leave. How can we evict them without paying for such an amount? These illegal settlers don't seem to be covered by the Lina Law.



 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Una sa lahat, the most probable action that you can file to physically remove the person who is residing on a lot that is not their property is called ejectment. It can be filed with the Municipal Trial Court or Metropolitan Trial Court.

There can be a problem if the lot is not residential -- if it is a farmland. Hindi ito clear sa iyong post. The best thing to do is to go and consult a lawyer. If the land is titled and the person who is living there has no legal title to the lot and has no legal claim of ownership, the person has only been living there upon the tolerance of the owner, then the proper remedy would be ejectment.

Again, wala akong nakitan documents. I am relying only on your post. It is best to see a lawyer.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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