- Dear Atty. Wong, I always read your column with interest and now that I have some issues and hope you can give some answer.
My parents left a house and lot when they died in the ’80’s, and since it’s only me and my sister (who died last year too at the age of 76), we decided to transfer the title to my name since my sister waived it due to some problems with her own family. She knows that I can handle her family better than her.
My parents left no Will, so I undergo to the whole processing of paying the Estate Tax, advertising in the newspaper, paying all the dues and finally was granted the “Extra Judicial Settlement.” I am a Filipino-Canadian and retired now and want to renovate part of our house to live here and there.
Here comes the problem: I let someone live in one of the rooms in the back of our house to a far relative who asked me and my sister a favour in 1994, if they can live for at least 6 months due to their financial difficulties and can’t pay their apartment. So, it’s a mere tolerance on our part.
Since I was not retired yet at that time, I let them live for almost 20 years now for free without any single cent from their pocket.
I always reminded them that when I retire, and I am now 67, that they have to leave because I will use the place as my residence for my retirement years and they agreed at that time.
Last 2014, I went home to let them know that I will be renovating the place now to live there, and they didn’t want to move out and dared me to go to Court.
So I went to our Barangay, as the usual procedure, then still they didn’t agree, so the next step is I got a lawyer and my lawyer sent them an Ejectment notice, this was since Sept. 2014. Last Nov. 2014, they received a notice of eviction and they left the place, but to our surprised, they again sue me for “To Nullify the Extra Judicial Settlement” since they were claiming that we are not the real children, and we don’t know where they got that rumors.
As far as we are concerned, we were brought up by our parents since little. We both have a baptismal certificate, and 2 people (neighbours) certifying that we are the real children.
And God Knows, that my parents gave us an unconditional love since we were little, and my parents kept telling me that since I am the one helping them since I am in College up to now to my other relatives including these family (before we had this arguments) that I will look after our house and divide it to whoever I want. And that is what I did. I gave half to my sister and her family and the other half for me and enjoy it in my golden years.
I would like to know if these people have really a case or not towards us? My father & mother own that house & lot and it’s a conjugal property.
So if they are claiming that they are relative of my father side, so, with my mother side – she has 7 siblings and I had so many cousins on my mother side.
This means that I have to give all my mother side’s cousin. But they never do that because they are educated and know within their heart that our house is for my sister and myself.
This case is still on-going and giving me so much problem. I know that they are only doing this to me because I evicted them.
But I have given them so much chance to live in that house without paying me a single cent, so what else do they want?
Anyway, I tried to get all my documents and got a certified true copy of the Extra Judicial Settlement in the Registrar of Deeds and they can’t even show a single document to show in the Court except that they were trying to say that they should live there because they are the niece and family of my father and we are not.
So I don’t know when will they stop and what else can I do or what else can I try to show them? Hoping for an answer and thank you very much for your time. Regards.
Ans: Hello there ! If what you claim is true and you have documents (Baptismal Certificate) showing that you and your siblings are the offspring of your parents, and the relatives claiming the contrary cannot produce any documents to substantiate their claims, then there is that very high probability that their case will crumble and has no leg to stand in court.
If you could produce other evidence, like your birth certificates that would be very helpful. Other than that, testimonies of other persons who are privy to your family and are still living, could also appear in court and testify that you and your siblings are indeed the true, legitimate and recognized children of your deceased parents.
Other documents like school records, letters of your parents to you, your siblings and to other people showing and referring to you and your sibling as their children would also be corroborative evidence of tacit recognition on the part of your parents as their children.
Moreover, it is my view that the suit filed against you by your relatives that as niece of your parents that they are the alleged next of kin of your parents, and even assuming to be correct, does not entitle them to inherit under laws testate or intestate succession.
The suit against you is obviously a mere harassment suit. As children of your deceased parents, you and your siblings alone and in case your deceased sibling has children by right of representation are considered to inherit as compulsory heirs.
As compulsory and surviving heirs, all other relatives of your parents are excluded by law to have any share or inheritance of their estate. The fact that this distant relative of yours sought your permission to stay in the house, only shows that at the very outset, they have recognized you as the rightful owner or successor-in-interest of your parents who owned the subject property.
I suggest you confer with your lawyer vis-à-vis the matters discussed hereof. Your lawyer, knows best considering that my comments and views hereof, are limited as regards the appreciation of the facts you have mentioned in your email by this corner. Thank you for being part of the “Batas Pinoy Global Community”.
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