Q. A notice of collection of the real property tax which has been in delinquency for decades coming from the Provincial Treasurer’s Office of our province was given to me months ago, for and in behalf of my deceased father who passed away last 2018. I talked to my siblings regarding this and asked my elders which property is this. They are unaware of it so I did a research. I was able to locate and identify said property (riceland) and found out that it was being tilled/cultivated by others without our parents, living then, telling us about this. And as far as we knew, the tillers/cultivators are not paying anything to our parents before and now to us being the compulsory heirs. What shall we do to get/recover it inasmuch as we want to till/cultivate it and we partially paid the realty property tax? Can we still run after them for using/benefiting from the land, say sort of rental or anything? Thanks in advance.RP
ANS: First thing first. Check with the Assessor’s office is the Tax Declaration certificate under the name of your parent the current and subsisting status of the land and the certificate is not yet cancelled. If subsisting, pay asap the property tax and the penalty charges thereof , so as the property will not be subject to auction sale and keep the ownership of the property under your parent’s name. There are local government that allows the payment of the arrears of property tax in installments. Confer with them.
Then have your lawyer prepare the Extrajudicial settlement of estate with Deed of Partition and pay the corresponding estate tax, documentary stamp tax and penalty and interest charges, so that a certificate authorizing registration(car) will be issued by the BIR. Make sure that simultaneous to the settlement of the estate documentation, that you
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comply with the publication of the legal notice of the settlement of estate of your deceased parents for 3 consecutive weeks in the newspaper of general circulations. If you have complied with all the requirements that were discussed in the YouTube videos of the Batas Pinoy, have the settlement of the estate registered with the Assessor’s office and the Register of Deeds(RD). Proceed to the DAR where the farm is situated and file a complaint for ejectment against the occupants of your land who are farming it, due to unauthorized cultivation and possession thereof and for non-payment of rental out of the proceeds of the harvest from your land. Consult your lawyer for further professional assistance.
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