Squatters Rights

          Long time ago, I grew up in a place that has corn field, lots of big trees, that time no electricity, not much homes built like ours, ( home made of Nipa roof, bamboo walls, ground floors). Now, there’s big houses surrounds the home. My family been living there in 60 years.
       My question is, what are my Mama’s rights, so they will not be force to move out, or demolished since in 50 years  nobody cares to talk to us about the lot, that we are squatters, now, suddenly people came and says they need to move out cause it’s been sold, my Mama tried to find the owner of the lot, long time ago, but we can’t find them, lots of rumors saying, that they move to US, or they’ve passed away, and the siblings of the owner of the lot is now owned his lot. For a long time nobody will talk face to face with us, until after living there, in 60 years.
      What can my family do, so they don’t have to move, they’re, already poor, barely eat three times a day, and their main little income is to drive tricycad, in the neighborhood. Please help, my family in Cebu City, Philippines.

My initial reaction is that you have the wherewithal to purchase a phone or computer, connect to the internet and join and expat forum meaning there is a high probability that you are an expat. All this points to the fact that perhaps you may have the financial resources to pay for an attorney for them, perhaps 150000php. If not, you could start an internet gofundme account (google it, you have a good story, and it may work). There are squatter's rights here. People do need a place to put their nipa huts but usually that is done by permission of the landowner for a symbolic amount on a lease contract like 1 peso per year. The lessee is no longer a squatter. and the landowner gets to stipulate that the hut does not have concrete or metal structural components etc., ie it is a true nipa hut. Perhaps their landowner has a different piece of land where they could settle or perhaps there is another landowner willing to have them. Again, this is the way of the Philippines and the cases I am familiar are actually not squatter situations but landowner agreements, The people need to settle somewhere, and most people are kind. Also, the legal burden of evicting so called squatters is very high and it may not even be possible for them to do that. Best thing to try is negotiation. Best of luck.

-@Please be kind

Sad but true Dan. Many different scenarios with squatters as all levels.

Western countries have laws like adverse possession and time immemorial but generally the bucks are needed to back up claims as well as time.

So many situations like Huge corporations here lobbying government to purchase tracts (owned by the people) of land with the proviso they will build villages out in the provinces to relocate the squatters with no infrastructure or work prospects, these relocation villages turn into,,, well nasty from what I have witnessed, BIL lived in one of these places for many years and eventually sold to get his family out to a better life.

The list goes on and I'm sure we all know the problems at most levels but rarely the fixes. Bens family,,, all 5,000 of them are squatters on the old PNR line that shut down after all the bridges got washed away 40 odd years ago with a nasty typhoon, asked Ben and his Dad a few times that after 40 years why not apply for a tittle. no money or the heart to deal with the process, we live here free and no one wants this government land, we are safe and no municipal rates etc.

Problem is there are so many people caught up in the squatter situation and I'm sure not their choice but need. No body, especially their government does anything about it.

OMO.

Cheers, Steve.

An add on to the OP. Has your family approached their local Barangay/Municipal? Obviously if under the threat of eviction you/they also have contact with the supposed owners to defend your situation at law.

I would also agree with Dan that if you have the means to communicate on an expat site with 99.9% foreigners there are probably funds there to help your family.

Have you/they bothered to ask other neighbours/Filipinos about this situation as they will be far better versed than an old fart like me and others that in reality know little of the process when it comes to squatters and evictions.

As Dan said, best of luck.

Cheers, Steve.

@Please be kind

First, u needbto go to your  city assessor ask for a land map and there they can givebthe owner and then you can the owner of the land if ever... then you can go to ypur city urban planning office and apply for relocation

If your family have lived on the property uncontested like it was yours, maintained the property like it was yours, and protected the property like it was yours for 60 years, the property is yours or have certain rights to it. Like in the US, these rights kick in after a certain length of time. I think in some states 20 years. I thought in the Philippines it was 10 years (wild guess). You'd have to check the local property laws, but I am sure this law exists. The owners cannot kick you out by force or without due process. Being there for 60 years, your mama may now have rights to the property. Selling the property to another does not remove this encumbrance. It does sound unfair to the owners on the title however, the law is the law. I would advise you to research on the local property laws about your situation.

If the owner had an expressed or implied permission for your mama to live on the property 60 years ago,  she would not have the right to claim the property.

Many times, the owner will have to convince the 'tenant' to leave by offering money and new place to move to.

A year ago, I spoke to a landowner in Manila who offered 100k pesos for his tenant to leave so he can sell the property.