Characters:

Mediator – Stephen Kara – Eisley

Mia – Liza Atty. Pacheco – Arycel

Mara – Justine Atty. Sagun – Jane

MEDIATION
NARRATOR:

Kara, Mia, Mara and Clara are heirs of the late spouse Cardo and Alyana Dalisay, they were left with two
properties; one in Arawi town proper shared by Kara and Mia and the other in Brgy. Asingger shared by
Mara and Clara.

Sometime in the 1990's, Kara was informed by the Rural Bank of Arawi that the house in the town
proper is to be foreclosed as a mortgage to an unpaid debt by his father, Cardo Dalisay. Kara did all that
she could to achieve the property which is both applying to a loan in PAGIBIG and calling an aunt for
help, the loan amounted to 250,000 pesos yet all that she could produce was 80,000 pesos. After some
talks with the bank, they agreed to take the money and executed a title in hef name.

2013, Mia asked for the proper partition of the lot which Kara agreed to do. Mia, being her hot-
tempered self got into a fight with Kara, resulting to the latter refusing to give her 50 percent share of
the property. Mia had been asking nieces and nephews to make Kara sign a deed of sale of the land. Yet,
Kara still refuses.

Aggrieved, Mia filed a petition for judicial partition of land. Hence, the court ordered this mediation.

STEPHEN:

Good Afternoon. Thank you for coming for this mediation process. And if I am not mistaken, Mia, you
are with your sister and co-petitioner, Mara and your counsel, Atty. Sagun. And Kara, your counsel, Atty.
Pacheco.

Before anything else, let me first introduce myself, I am your mediator for today, Atty. Stephen Magleo.
I am impartial, fair and I will be hearing both sides for you to have resolution on your dispute.

And before we commence, let us have an orientation on several things about mediation. But before
that, do you have comments or questions, Kara?

KARA:

Wala po, Atty.

STEPHEN:

Mia? Mara?

MIA:

Gusto ko lang po mabigyan ng opportunity para mag-explain. Dalin ko met man, Atty. Malukon ak, antoy
panayaman ya anak ko nu unya.

MARA:

Atty. Wala po akong hinihinging share sa property nila. Nandito po ako para suportahan ang aking
kapatid na si Mia dahil naniniwala akong she is entitled to the 50 percent share. Lalo na ngayon at
kabuwanan na niya at itataguyod niya ang kanyang anak ng mag-isa.

STEPHEN:

Okay. I understand but let us try our best to have a resolution on this dispute before you go to any court
proceedings.

The reason why you are here is because of the petition filed by Mia and Mara for judicial partition of
land. However, based on your papers, I found out that the said land was under the name of Kara. And
Mia, you are claiming your ordinary interest over the said land. So now, let me hear your arguments to
clarify facts of this dispute. Mia and Mara, what can you say?

MIA:

Good Afternoon, Atty. Ang nais ko pong sabihin ay yung lupa ay ipinamana sa amin ng aming magulang.
Syempre, automatic la tan ya gawak may 50 percent ta anak da ak met. Agay lay irap so manlukon tan
anggapo ni so napanayaman ko ta tinaynanan to ak may asawak ed arum ya bie. Tapos ganito pa, Atty.
Pamilya da ak met balet agto ni niiter so share ko, aliwa met la tan ya kagagawa. Pero Atty, if ever na
meron pong kailangang bayaran with the construction of the house, I will pay para ma-acquire ko po
yung right of share ko. If allowed, I propose that we shall share the parking of the house, then the
remaining floors of the house shall be divided equally, the second floor is Kara's floor, then third floor
will be my floor. Or if not, I am willing to buy the whole property of the same amount that Kara would
pay to the bank.

MARA:

Suportado ko po ang aking kapatid na si Mia, Atty. She needs her share so that she can start her life with
her child. Kung ipabibili man ni Kara ang property na ipinamana sa kanilang dalawa, suportado ko iyon
kung yon lamang ang paraan para magkaroon siya ng right of share.
STEPHEN:

How about you, Kara? What is your position?

KARA:

Good Afternoon, Atty. The title is in my name so I can do whatever I want. Na-transfer sa akin yung
titulo kasi ako po ang nagbayad ng utang nila tatay at nanay sa bangko. Agko met anta ya wala la
manayay sakit na loob to yay agik ed syak. Binayaran ko la lanti, syak ni mauges. With regards to the
payment Mia is proposing for the construction of the house, I have already paid for it. Her right of share,
willing ako na ibigay yang right niya na yan. Pero the title of the property shall stay with me.

STEPHEN:

Okay. So everything's clarified with me and I think we need to talk individually. Rest assured that
whatever you have told to me and what will be agreed upon will be for the greater good.

EXIT: Kara and Atty. Pacheco

STEPHEN:

Okay. So Mia, let me ask you what you really want?

MIA:

Atty. say labay kon talaga saliwen la may property. Wala met so kwartak. Agto ak met nakakasian ta
mananak ak la, amayamay met so iisipen ko inmarum ni ya. Manak met man eh. Kanyan nu say labay to
et saliwen ko may property, saliwen ko. Para naman may matirahan kami ng magiging anak ko. Para sa
anak ko po ito.

STEPHEN:

I understand. But what if Kara would refuse to sell the property? What will you do? I think everything
will fall back to a scratch if that is the case. So, Atty. Sagun, do you have anything to say?

ATTY. SAGUN:

Yes, Atty. Well, I believe that Kara is also entitled to the property. According to the Civil Code, one
legitimate child is entitled to 50 percent of the hereditary estate. Two or more legitimate children are
entitled to divide such hereditary estate equally among themselves.
STEPHEN:

But the problem is that the title of the land is under the name of Kara so it appears to be her ownership.
Have you considered buying a certain portion of the said land where your house will be built? Would
you?

MIA:

I'll think about it.

MARA:

That sounds good to me.

STEPHEN:

Okay. So I will talk to Kara and let's talk again right after.

EXIT: Mia, Mara and Atty. Saguna

ENTER: Kara and Atty. Pacheco

STEPHEN:

Kara, can you tell me what do you want now?

KARA:

Atty. I have the title of the property, as such I am the rightful owner.

STEPHEN:

Okay. Atty. Pacheco, what can you say?

ATTY. PACHECO:

Actually Atty., we have two options in this case. First is that we may have to file an ejectment suit
against her sister, Mia. Second, Kara may give Mia her right of share of the property on the condition
that Mia shall not sell it to other parties outside their family.
KARA:

But since blood is thicker than water, sa tingin ko po mas maganda kung yung pangalawang option po
ang masusunod.

ENTER: Mia, Mara and Atty. Sagun

STEPHEN:

Okay, welcome back Mia and Mara. So I think it is time to come up with an agreement. Based on what
we have talked earlier, we have derived two solutions in this dispute.

First, Kara, Mia is willing to buy a certain portion of land where her house will be built. And according to
Kara, she is also willing to sell that certain portion of land, however, there is a condition, it must not be
sold to a stranger in the family.

So let me ask you, Mia is that okay for you?

MIA:

Yes Atty, it is okay.

STEPHEN:

Kara, is that okay?

KARA:

It is okay, Atty. Only if he follows the condition.

STEPHEN:

If everything's okay, then, you have to sign this agreement, Kara... (signs paper) Mia... (signs paper)

Okay, thank you for participating in this mediation process... and we are grateful that it is successful.

Can you now shake hands?

SHAKE HANDS