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Case Study Report

BS REM-111

Group Members:

Arceo, Corazon C.
Dos Santos, Maria Josefita E.
Espique, Ashren D.
Lusterio, Erika Mary C.
Soriben, Chrysller Anne S.
Vicaldo, Danielle

Case Details:

A 67,416 sqm property at Bo. Malinao, Atimonan, Quezon, have tax declaration with agricultural
/residential/ commercial, located just after the known zig-zag (bituka ng manok). Its terrain is sloping
towards the river and its high topo just after the zig-zag has overflowing water source (bukal) from the
mountain. A government road rerouting project effected to split the property, where the new by-pass
road meets up with the zig-zag road. This by-pass road is wider and less sloped than the zig-zag road.
The title of the property remained in the name of their great grandparents, while its tax declaration is in
the name of their grandparents.
Right adjacent the water source, a DENR outfit took office at the tip of the corner of the zig-zag and the
by-pass road. On the other side of the water source erected a communication tower that was on a lease
contract with the grandchildren.
The caretaker and its siblings, relatives of the grandparents and their associates took care of the
coconut tree produce (copra, coconut meat, coconut water, etc.) and the flat terrain adjacent the river
with water falling from the "bukal" was also producing rice.
The agreement with grandparents and the caretaker with their associates were to cover payment of
taxes and ample share of the produce will be shared to the family, the grandparents. This was
maintained while they lived.
As the grandparents perished, management of the produce and taxes payments became irregular. This
caused the caretaker to hold control of the produce, uncontrolled occupancy on various area of the
property, especially in the road frontage areas.
The grand parents have 10 offspring, each one has their own various offspring (grandchildren).
The great grandparents, grandparents and 8 of the offspring are now deceased.

What proper steps and measures may be advised to the grand children?

Issues:

1. The government was to split the property due to a rerouting project.


2. The title is still under the name of their great grandparents.
3. The tax declaration is under the name of their grandparents.
4. Management of the produce and taxes payments became irregular.
5. The caretaker began to hold control of the produce.
6. There is uncontrolled occupancy on various areas of the property.
7. The great grandparents, grandparents and 8 of the offspring are deceased.
Steps and Measures:

1. Settle the estate of the great grandparents, grandparents and offspring, which would entail
payment of the estate taxes.
(“The parties may, without securing letters of administration, divide among themselves as they see
it by means of a public administration filed in the registry of deeds, if the decedent left no will and
no debts.”)
2. File an extra judicial partition among heirs.
(“An extra judicial settlement is the settling of an estate via drafting of a contract, which indicates
how a deceased owner’s property will be divided among the heirs as they see fit. The properties
left by the deceased listed in the contract is collectively recognized as the estate.”)
a. All surviving heirs, two only are living offspring including the spouses and their offspring will do
the filing. Given that there is an absence of a will, an extrajudicial settlement is required.
b. All individuals involved must sign, notarized by a notary public, including the following
information:
i. Text indicating that decedent left no will and no debt.
ii. Each heir’s relationship to the decedent.
iii. That they are the decedent’s only surviving heir.
iv. An inventory with the individual description of the decedent’s properties, both real
and personal, that their heirs have agreed to divide among themselves.
v. The exact manner that a property is to be divided.
3. The heirs must secure a bond from a reputable bonding company recognized by the Registry of
Deeds, and file it simultaneously with the registration of the notarized deed of extra judicial
settlement and adjudication of estate.
4. Expropriation proceedings (“The government may acquire real property needed as right-of-way site
or location for any national government infrastructure project through donation, negotiated sale,
expropriation, or any other mode of acquisition as provided by law.”)
a. The implementing agency shall offer to the property owner concerned, as compensation
price, the sum of:
(1) The current market value of the land,
(2) The replacement cost of structures and improvements therein; and
(3) The current market value of crops and trees therein.
5. The property owner and the implementing agency shall execute a deed of absolute sale: Provided,
That the property owner has submitted to the implementing agency the Transfer Certificate of Title,
Tax Declaration, Real Property Tax Certificate, and other documents necessary to transfer the title
to the Republic of the Philippines. The implementing agency shall cause the annotation of the deed
of absolute sale on the Transfer Certificate of Title.
6. Upon the execution of a deed of sale, the implementing agency shall pay the property owner.
7. Court order for eviction and demolition if the illegal occupants does not want to leave the premise.
(Any person or group identified as such shall be summarily evicted and their dwellings or structures
demolished. However, eviction or demolition as a practice shall be discouraged.)
8. The legal owners can then put their real estate properties up for sale once they receive the clean
title.
Conclusion:

The case herein may be feasibly resolved. However, this would take time and money for the part of the
property owner. Recommendation would include leasing the property, possibly, to the government.

References:

Robles, Chan. (2006). Special Proceedings. Retrieved from


http://www.chanrobles.com/rulesofcourtspecialproceedings.htm#RULE%2073

The Law Phil Project. Act No. 2874. Retrieved from


https://www.lawphil.net/statutes/acts/act_2874_1919.html