Legal Question in Civil Rights Law in Philippines

I had bought a piece of land of 89sq mtr for a sum of Php60,000.00 10yrs ago. The document we only have kept is the acknowledgement receipt by the vendor and the sketch plan. all of these 2docs were all witnessed,certified,true and correct by a certified attorney (lawyer) and geodetic surveyor respectively. all these docs was arranged & prepared by the vendor as during the time we are not in our country (Philippines). Now that we would like to claim the land, they refuse it and say that what they sold to us is only 65sq mtr and not the 89sq mtr as indicated on the acknowledgement receipt. after some arguments an presented the facts of these documents, they said that the acknowledgement receipt that was certified true and correct by the professional lawyer/surveyor are not a legal doc that can support and claimed that we bought the land . recently the land that we honestly believed tha we have bought is now fence off by the vendor as it still their own, worst the fence blocked our way out to the main road, that restrict our car to go out from our house. we bought that land 10yrs ago as part of our intention that someday we will have our own transport and have our own right of way. and now we have our own transport but can't use. so we seek a legal advise what to do. we will be coming home for a short vacation, of course need to use our own trasport and if they will not remove the fence inspite of the notification by our local authority, by any means will remove it. Do I have that right to do it? Appreciate your advise...Thank you so much..


Asked on 4/13/12, 8:36 pm

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

There seems to be a legal issue as to the ownership of the subject property. This is in so far as between your claim and that of the vendor. You cannot simply remove the fence without being charged of malicious mischief. Its is better you do this with a court order. It is difficult to assess your case without seeing your documents.Thus, my legal opinion on this may not be accurate.

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Answered on 4/13/12, 9:27 pm


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