Dumaguete Info Search


need legal direction / help in land issue

Discussion in 'Dumaguete City' started by ChMacQueen, Apr 22, 2019.

  1. ChMacQueen

    ChMacQueen DI Forum Patron Highly Rated Poster Showcase Reviewer Veteran Army

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    Looking for direction on a land issue such as any laws someone may point to or lawyer who may be able to offer guidance.

    Issue is that my gfs family and a dozen or more families are being threatened to evictionby a claimed land owner from a big land owning company. The land has been lived on by my gfs family and the others for over 50 years and no one has been paying taxes on either side supposedly free (this is in bais). Those who started living there were farmers working the sugar cane on the land many decades ago.

    Looking for how I may be able to help of course keeping my foreigner nose out. Seem to recall a law in the 80s or 90s relating to this on land redistribation by law.
     
  2. Roadwitch80

    Roadwitch80 DI Member

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    Hi! Atty. Dirkie Palma specializes in property law. He might be able to help. His office is at EBT Building, just before Chin Loong Chinese Restaurant fronting the boulevard. Good luck!
     
  3. SkipJack

    SkipJack DI Member

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    I don't know.
    “Informal settler” is the politically correct term for squatter. These are the terms you want to use as a basis of your searching on the Internet. Your friends in the informal settler community may not have the skills and resources to educate themselves quickly.

    “A 1992 law says demolitions and evictions will not be allowed unless the settlers occupy dangerous areas, when the site is needed for public infrastructure projects, or when there is a court order.”

    Land ownership and hoarding leads to artificial scarcity. The Philippine provinces are way too poor to support the rat race caused by artificial scarcity. Artificial scarcity is caused by land banking, the practice of hoarding land and holding it back from development until its price increases. I add this because you mentioned that there is a big land owning company involved.

    It is important that this become an administrative legal issue where it can be managed calmly.

    Here are some links relating to informal settlers and squatting.

    https://news.abs-cbn.com/-depth/03/12/12/life-constant-battle-philippine-squatters

    https://www.lamudi.com.ph/journal/q...quatters-or-informal-settlers-in-my-property/

    Here is a recent article about the negatives of land hoarding and artificial scarcity.
    https://www.theguardian.com/environ...wns-england-secretive-companies-hoarding-land
     
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  4. Happy Camper

    Happy Camper DI Forum Adept Showcase Reviewer

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    Sugarcane land and farmers. Sounds like a case for Agraian Reform might be called for.
     
  5. Edward K

    Edward K DI Forum Adept Veteran Navy

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    I would highly recommend actually hiring a lawyer, a useful but necessary expense. The officials and greedy corporations are counting on you to give in without a fight. I have seen where simply HIRING the lawyer and having him schedule a meeting is enough to make the complainants dump in their pants and run. Oversimplification but some truth....

    And i'm wondering when my local friends are going to get smart and VOTE OUT all the corrupt idiot politicians. Only then will the Philippines be worth investing in. Try reading about the administrations of Mindinao before the americans thru out the muslims in 1902, giving control and land to the northerners and christians.
     
  6. Rye83

    Rye83 with pastrami Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    lol If you didn't vote for corrupt politicians there would be nobody to vote for in the Philippines. I excluded the word "idiot" for a reason, they are not stupid...they know exactly what they are doing and are quite good at it.
     
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  7. OP
    OP
    ChMacQueen

    ChMacQueen DI Forum Patron Highly Rated Poster Showcase Reviewer Veteran Army

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    Thanks for the replies guys. Gives me a couple leads towards direction.

    As another note anyone have a decent lawyer to recommend for simple inquiry on options? Of course such things cost a bit as time has value such as consult fee.
     
  8. hawk263

    hawk263 DI Forum Adept Blood Donor Veteran Army

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    Atty Mike Miguel, Yala Bldg, by Robinson. Good English, easy to talk to, reasonable cost.
     
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  9. Roadwitch80

    Roadwitch80 DI Member

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    Befriend student lawyers. They are very eager to share information and advice and they’re also free. They might be able to answer most of your queries. For a proper legal action, go to a lawyer.
     
  10. Edward K

    Edward K DI Forum Adept Veteran Navy

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    One point for Roadwitch is that student lawyers don't scare officials, big attorneys do, but preliminary stuff is a good start.

    Remember here in the Philippines, more so than in the states, Filipinos generally, even corrupt ones, dislike confrontation, don't like offending, but very much don't like to lose face. I wish more foreigners were like this, but the downside is that a Filipino is more likely to have you shot if you make them lose face. The result of this is that officials are much more likely to let legal proceedings die a drawn out death than "dismiss" an action.

    We like Raymund Mercado corner of national and rovira. Good but pricey.
     
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