Legal question. In the Philippines...?

Question

I would like to know if it is possible for us to file a complain against our Mayor who ordered to demolish our house. He gave us a 30days notice of demolition but we didn't mind it because we thought he's still gonna ask us to attend a meeting to discuss about what he's gonna do with the land after we vacate it or if we're going to be relocated. Instead he just demolished our house with all his powers. I heard there should be a court order, which he didn't have. Does the mayor really have the power to do this? What can we do? We feel really bad about what happened.

Answer 1

One question: whose name/s appear on the land title?

because the person whose name appeared on the land title has the right on the land.

Answer 2

One question:  Is the land title yours?

If yes, he's wrong and you can file a complaint.

If it's not, then the notice should be enough.

Answer 3

well, his upper hand is that he gave you a notice but then do you own the land? do you have the land title for it? or does the government own the land? if in case the government owns the land, then you really don't have any choice but to accept the sad fact but if you do own the land then you have every right to bring the case in court. i suggest you investigate more then take the necessary actions.

Answer 4

i do not have the complete text of the so called "lina law" or otherwise known as the urban development and housing act(ra 7279) but basically the law requires the relocation of squatters before they are evicted from a property.  

you could have filed a temporary restraining order or preliminary injunction from the court within the 30 day period given you.  if you can't afford an attorney, visit the public attorneys office(pao) or the justice and peace office of your local diocese.  they could help you on your legal problems.

Answer 5

What town in Romblon?

Since you didn't have a title, then you can't prove ownership. Nevertheless, you are still entitled to due process. You should

have secured a TRO from the court to buy you some time and

to pave the way for a round-table discussion.

Government should provide for relocation.

I used to own a small property in Tondo until such time that the road was to be widened. It fell under the provision of Eminent Domain which meant that the Government can take my property, demolished my small store for public purpose BUT with just compensation. I got P27,000 as reparation. You should also ask why was your house demolished? For what purpose?

Take it to a lawyer

Answer 6

Fundamantally, it all comes down to whether you can prove ownership of the real property, usually through a title or some official documentation.

If you cannot, then in the eyes of the law, you are squatting on it. It won't matter that you weren't a squatter and:

- you've always lived there

- someone said that you own it

- nodoby else has claimed ownership to it

- you were paying someone to lease it

My knowledge of the law is fuzzy but I don't know of a specific statute that prevents people who are "landless" from being evicted from property they do not own. But typically, it's the landowner who orders the eviction.  If not, the government can exercise its right to grab privately owned land using the principle of "eminent domain".

The only issue here is that the house on top of that land could be yours, and perhaps the government should not have destroyed what potentially is your personal property.  You could explore that.  

Good luck.

Answer 7

Honestly i think you better get a legal advice from a lawyer this is a serious matter, nobody wants to be treated that way but you know how the judicial process here in the Philippines is, it takes a life time to get a result. Honestly speaking from what u've said that you don't have a land tittle will make it even worse because they can use it against you. court order, well, i think there should be a court order to demolish properties but like what i said they can throw a lot of things at you. seek legal advice and my advice as human being to you is at least try to meet halfway. GOOD LUCK! take it easy...