Ano po ang pwedeng ikaso sa BUMILI ng lupa ng walang kasulatan

Mason Walker
is a Student in the Philippines
Ano po ang pedeng ikaso sa BUMILI ng lupa ng walang kasulatan o documents ng land owner po? Nagtatayo kasi sila ng bahay sa pwesto last Dec 2017 pa

Nalaman ko lng ito last Jan 17 2018 ng sabihin sakin ng caretaker ko ang mga pangyayari. Ang pwesto ay sinanla ng nakakatandang kapatid ko ng walang authorization ko last Nov halagan 500/sqm. Binili ito ng buyer at nag down ng 50k dahil naniniwala sya sa sinabi na ang may air ng pwesto ay napariwara na at na rehab. 

 

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Jescelyn Del Rosario
is a Legal expert in the Philippines
Ikaw ba talaga ang registered owner ng property na ito? Maaring magfile ka ng ejectment/forcible entry committed through strategy and stealth dahil binenta at binili ng walang knowledge ng registered owner. Kailangang maifile ito within 1 year from actual entry or 1 year from knowledge if committed through stealth. "Section 1, Rule 70 of the Rules of Court requires that in actions for forcible entry the plaintiff is allegedly deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth and that the action is filed any time within one year from the time of such unlawful deprivation of possession. This requirement implies that in such cases, the possession of the land by the defendant is unlawful from the beginning as he acquires possession thereof by unlawful means. The plaintiff must allege and prove that he was in prior physical possession of the property in litigation until he was deprived thereof by the defendant. The one year period within which to bring an action for forcible entry is generally counted from the date of actual entry on the land, except that when entry was made through stealth, the one year period is counted from the time the plaintiff learned thereof. If the alleged dispossession did not occur by any of the means stated in section 1, Rule 70, the proper recourse is to file a plenary action to recover possession with the regional trial court. You need the help of a lawyer in this case.
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Mason Walker
is a Student in the Philippines
Thank you po Ms. Jescelyn, pasok din po ba yung anti fencing law dito? hindi na po kasi makausap ng maayos bumili at ang mga tao doon. At ang nagbenta naman ay hindi maibalik ang perang nakuwa gusto ko sana silang kasuhan at bawain ang lupa.
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Jescelyn Del Rosario
is a Legal expert in the Philippines
This is not the subject of Fencing law dahil personal property (like cellphone, jewelry or anything movable) lang ang cover sa batas na yan na naging subject ng theft or robbery. In your case lupa/real property ang involve. Ang dapat gawin mo magpatulong ka sa isang abogado para padalhan mo ng demand letter with notice to vacate ang nakabili na wala documents as proof. Ang nakabili na mismo ang maghahabol sa perang naibayad niya sa nagbinta sa kanya.
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About the author

Jescelyn Del Rosario

Legal Services and Litigation works Philippine/Foreign Paralegal Works Graduated AB Political Science and Bachelor of Laws at University of San Jose Recoletos-Cebu Completed Lawyers Trial Academy Training sponsored by IBP Cebu Chapter AIT-DOST Scholar at Cebu Institute of Technology
Profession: Lawyer
MJ Del Rosario Law Office and Associates
Office Address: Block 19, lot 26-27, Deca Homes, Talisay
Philippines , Talisay , Cebu
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