ATENEO LEGAL SERVICES CENTER

CASE SUMMARY REPORT

Name of INTERVIEWERS: Marivir Abata, Cheza Biliran, Stefanie Go, Bret Monsanto
Name of APPLICANT INTERVIEWEE: Charo Guevarra
Date of duty: March 22, 2019 Time: 1 1:15AM – 11:50AM

FACTS:
 The land located at 6420 Kamia Street, Barangay Guadalupe Viejo originally owned by
Felissa de los Santos, paternal grandmother.
 Dolores Albano, daughter of Felissa, alleged that she bought the lot from Felissa before
her demise.
 Dolores verbally asked Leonardo de los Santos, son of Felissa, to vacate the premises.
 Leonardo filed a case against Dolores (nature of case cannot be ascertained for lack of
documents i.e. partition). They underwent barangay conciliation proceedings. A case was
filed thereafter.
 Roberto de los Santos, brother of Dolores and father of the interviewee, died before the
decision in 2005. His heirs, interviewee and her siblings were substituted in the case.
 There was an extra-judicial settlement issued in the names of the heirs of Felissa and the
heirs of Roberto.
 The partition case ended in 2005 with a final partition of the property to the heirs. The title
of the land was not
 When Dolores was still alive, she already signed the extra-judicial settlement. However,
she did not want to sign the blueprints containing the project of partition.
 The heirs of Dolores did not honor the extra-judicial settlement.
 There is again an issue as to the ownership of the lots in question.

LIST OF DOCUMENTS PROVIDED

 None but to follow.
ISSUES
W/N case in 2005 maybe enforced through a writ of execution.

W/N judicial settlement arrived in 2005 maybe enforced to get a tax clearance despite being
embodied in an extra-judicial settlement document.

RECOMMENDATION
 We can accept the applicant as a paying client.
 The lot is in Makati City and they are living there. They are the owners but they are being
deprived of the rights of ownership such as possession, disposition, and fruits of the
rentals.
 The interviewee has approached several lawyers and Government agencies, but she has
been given different pieces of advice. They are at a loss as to what to do next.
 They even paid for the taxes of the entire land to acquire the rightful title over their
assigned portion as provided in the extra-judicial settlement.
 Other heirs have also been deprived of their rightful ownership and possession of their
property.
 This case is a good chance for the student-associates to experience how an extra-judicial
settlement is enforced.
 The student-associates will be able to deal with different government agencies such as the
BIR and the Register of Deeds.