Anyone ever deal with squatters? eviction?

Make videos of his actions both toward you and your family and the dumping of sewage in the sea.  Make sure they are date stamped.

Find, if you can, others who are willing to speak out about this clown.  Maybe a PI to investigate who he is and his background.

If your property is
surveyed make sure you have copies to prove what is your wife's land.

File complaints with the Department of  Natural resources for his polluting and encroachment of the area near the beach where it is not legal to build.
Chan Robles on line law is a great source of legal info.
https://chanrobles.com/

File a complaint with the NBI if you are able.

Call the 8888 hotline and report his actions, his building on the beach and polluting the ocean.

In other words, gather all the evidence you can against this clown and report him to any and all Govt. agencies who will accept the complaint.

Hire an attorney to work with you and your wife in dealing with the rogue barangay captain.
If your wife is friends with the Mayor, make use of that.

This guy might just be a poor man trying to make a home for his family as someone stated, though he is first and foremost (according to your comments) a bully and a first class asshole.

Use your head and your time and all the resources you can find and gather to your side.
It may be slower than just taking him out, though the sooner you get started the sooner you'll see results.

If you've already done all this, Nevermind

TeeJay4103 wrote:

Make videos of his actions both toward you and your family and the dumping of sewage in the sea.  Make sure they are date stamped.

Find, if you can, others who are willing to speak out about this clown.  Maybe a PI to investigate who he is and his background.

If your property is
surveyed make sure you have copies to prove what is your wife's land.

File complaints with the Department of  Natural resources for his polluting and encroachment of the area near the beach where it is not legal to build.
Chan Robles on line law is a great source of legal info.
https://chanrobles.com/

File a complaint with the NBI if you are able.

Call the 8888 hotline and report his actions, his building on the beach and polluting the ocean.

In other words, gather all the evidence you can against this clown and report him to any and all Govt. agencies who will accept the complaint.

Hire an attorney to work with you and your wife in dealing with the rogue barangay captain.
If your wife is friends with the Mayor, make use of that.

This guy might just be a poor man trying to make a home for his family as someone stated, though he is first and foremost (according to your comments) a bully and a first class asshole.

Use your head and your time and all the resources you can find and gather to your side.
It may be slower than just taking him out, though the sooner you get started the sooner you'll see results.

If you've already done all this, Nevermind

Hey TJ, been a while. Follow the posts of this contributor and you will see that the horse has bolted let alone leading it to water. These/this accumulations of events have happened over years, sorry to say to the OP but stupid is as stupid does, I have, as others have thrown in their 2 bobs worth and it appears OMO that the OP needs to rectify his and his wife problem post haste and nothing in between.

If some trucker dug a hole to put a post in the ground on our lot? Look out, short shift real quick, even our tax declared lot we ward off the goat herders from taking the ground cover that protects the dunes/erosion etc. because they over stock and cannot manage stock efficiently.

While I feel for the OP, I and I am sure others appreciate and have learnt from his sad experiences and let's hope others don't fall into this scenario.

Cheers, Steve.

manwonder wrote:

Hmmm....something "smells fishy"

Sorry I couldn't resist, when dating a Bar Girl in Angeles City, don't eat the fish.

manwonder wrote:

Hmmm....something "smells fishy"

It must be a fish

Maybe the OP doesn't know the difference between small inches (cm) and big inches (In). Just kidding,..   
The basic rule in this country is to be at least 40m away from the high tide mark.
I am 2km away from the shoreline and guess what... nobody is interested by my land. Actually, being so far inland (but overlooking) is the only way to enjoy the peace.
On top of that, fruit trees and vegetables grow very well in brown soil.

PalawanBob wrote:

Maybe the OP doesn't know the difference between small inches (cm) and big inches (In). Just kidding,..   
The basic rule in this country is to be at least 40m away from the high tide mark.
I am 2km away from the shoreline and guess what... nobody is interested by my land. Actually, being so far inland (but overlooking) is the only way to enjoy the peace.
On top of that, fruit trees and vegetables grow very well in brown soil.

i have learned alot..or should i say a LOT...

TeeJay4103 wrote:

Make videos of his actions both toward you and your family and the dumping of sewage in the sea.  Make sure they are date stamped.

Find, if you can, others who are willing to speak out about this clown.  Maybe a PI to investigate who he is and his background.

If your property is
surveyed make sure you have copies to prove what is your wife's land.

File complaints with the Department of  Natural resources for his polluting and encroachment of the area near the beach where it is not legal to build.
Chan Robles on line law is a great source of legal info.
https://chanrobles.com/

File a complaint with the NBI if you are able.

Call the 8888 hotline and report his actions, his building on the beach and polluting the ocean.

In other words, gather all the evidence you can against this clown and report him to any and all Govt. agencies who will accept the complaint.

Hire an attorney to work with you and your wife in dealing with the rogue barangay captain.
If your wife is friends with the Mayor, make use of that.

This guy might just be a poor man trying to make a home for his family as someone stated, though he is first and foremost (according to your comments) a bully and a first class asshole.

Use your head and your time and all the resources you can find and gather to your side.
It may be slower than just taking him out, though the sooner you get started the sooner you'll see results.

If you've already done all this, Nevermind

working on it..covid issues etc..let you know how it goes,,

Just finished reading posts about fake papers and then saw this,

You might want to investigate the applicable laws. As a foreigner you only have a lease. No one can own to the waters edge, by National Law, public beach is mean high tide plus 20 or 25 meters. 

Like anything here
Start with the Baranguy and it is elevated as needed from there, IF the squatters are not related to someone in the government.

Respectfully

Say John and Mary bought a beachfront property 50 years ago which marker is well away from the high tide. Then there is this 1 in 100 year storm that chipped away at the beach. Then there's some erosion. And global warming that caused higher sea levels. Now the marker is 5 ft from the high. Then what?

Jackson4 wrote:

Say John and Mary bought a beachfront property 50 years ago which marker is well away from the high tide. Then there is this 1 in 100 year storm that chipped away at the beach. Then there's some erosion. And global warming that caused higher sea levels. Now the marker is 5 ft from the high. Then what?

50yrs???...I am quite happy to just get through the next 10 before I start collecting my pension payments...after which I'm quite contented to move to the mountains.

Yes, I have helped my wife's best friend get them out! 

1.  First, you will need to learn the law and write a very clear demand letter within the law, directly to the Brgy Capt. and copy the same to the Mayor.  You must not talk about it but write about it. 

2.  Be prepared to have a copy of the TCT parcel or Cadastral # handy along with the TD showing current year taxes are paid. 

3.  These document numbers need to be included in your written complaint but do not place copies of the title/TD in your initial complaint (just their ref. numbers).

Cautions - Claims of Ownership - DO NOT claim the property is yours, if you are not a citizen of the PI.  If lot/house is in your wife's name and she is a Phil citizen, she must be the one that signs the Affidavit of Complaint.

4.  Place a clear amount of days to vacate by stating the days as "Consecutive Calendar Dates".  The body of your spouses affidavit must contain both past, present and future plans that include heirs. 

The proper way to write such a document is complex and a bit detailed to explain in this forum.  Be aware that if you decide to get an Atty to do this, it will be a big sucking of your bank account.  You must be willing to learn the laws and related wording that apply, and how to force the locals to follow the law(s).  Example, you must refer to them as "Professional Squatters" in all of your complaints.  These two words are law invoking terms, without of which a case can be dismissed.

To get you started & to help some, here is a redacted copy of a portion of one of the two documents I prepared, that worked well. 

Note: This is not legal advice and I am not an Atty...  YMMV:

"To:      _____________________ Brgy. Captain
Brgy. _______________
Davao Del Norte, Republic of the Philippines

cc: Mayor ________________________________


Monday, April 20, 2020

Subj:    Demand for “Professional squatter” (i.e., ____________________ at al) to immediately cease from squatting and vacate my land.

Dear Brgy Captain ___________________,

Void of any Affidavit of Consent from me (the land/lot owner) for the construction of any building/house, please find attached herein my demand for “Professional squatter” (i.e., _________________________, at al) to immediately cease and desist from squatting, and remedy by complete removal of any/all unauthorized structures and or modifications to my land and vacate my land as provided under RA 7279. 

The below listed demands are herein detailed as follows:

1.    The squatter ____________________________, at al, has 30 consecutive calendar days to cease all habitat functions.

2.    The squatter _____________________________, at al, has 30 consecutive calendar days to cease any/all agriculture operations including but not limited to; fishing, planting, harvesting, cultivating and or irrigation activities. 

3.    The squatter _________________________, at al, has 30 consecutive calendar days to remove all structures, houses and or buildings from my land. 

4.    The squatter ______________________, at al, has 30 consecutive calendar days to restore my land back to the conditions which he found the land; free of debris, trash or structural remains.

5.    The squatter __________________________ at al, has 30 consecutive calendar days to properly clear and remedy any sewage, septic tank, or residential waste processing or related unauthorized structures from my land. "

The above represents about 25% of the needed writings that you will need to have if you want a proper legal resolution.  There is much more legal wording to consider but your research should get you on a tract that matches your comfort zone.

Best wishes.

PS. Corrected typo!

please forgive because I am not nitpicking and you have some really excellent advice but one small issue that needs correction it is not "at el" but "et al" below which is latin for and others

that is all and do please forgive the nitpicketty comment but they need to get that right  for an official letter

and thank you again for the letter

i have saved it for future use

Calif-Native wrote:

Yes, I have helped my wife's best friend get them out! 

1.  First, you will need to learn the law and write a very clear demand letter within the law, directly to the Brgy Capt. and copy the same to the Mayor.  You must not talk about it but write about it. 

2.  Be prepared to have a copy of the TCT parcel or Cadastral # handy along with the TD showing current year taxes are paid. 

3.  These document numbers need to be included in your written complaint but do not place copies of the title/TD in your initial complaint (just their ref. numbers).

Cautions - Claims of Ownership - DO NOT claim the property is yours, if you are not a citizen of the PI.  If lot/house is in your wife's name and she is a Phil citizen, she must be the one that signs the Affidavit of Complaint.

4.  Place a clear amount of days to vacate by stating the days as "Consecutive Calendar Dates".  The body of your spouses affidavit must contain both past, present and future plans that include heirs. 

The proper way to write such a document is complex and a bit detailed to explain in this forum.  Be aware that if you decide to get an Atty to do this, it will be a big sucking of your bank account.  You must be willing to learn the laws and related wording that apply, and how to force the locals to follow the law(s).  Example, you must refer to them as "Professional Squatters" in all of your complaints.  These two words are law invoking terms, without of which a case can be dismissed.

To get you started/help some, here is a redacted copy of a portion of one of the two documents I prepared, that worked well. 

Note: This is not legal advice and I am not an Atty...  YMMV:

"To:      _____________________ Brgy. Captain
Brgy. _______________
Davao Del Norte, Republic of the Philippines

cc: Mayor ________________________________


Monday, April 20, 2020

Subj:    Demand for “Professional squatter” (i.e., ____________________ at el) to immediately cease from squatting and vacate my land.

Dear Brgy Captain ___________________,

Void of any Affidavit of Consent from me (the land/lot owner) for the construction of any building/house, please find attached herein my demand for “Professional squatter” (i.e., _________________________, at el) to immediately cease and desist from squatting, and remedy by complete removal of any/all unauthorized structures and or modifications to my land and vacate my land as provided under RA 7279. 

The below listed demands are herein detailed as follows:

1.    The squatter ____________________________, at el, has 30 consecutive calendar days to cease all habitat functions.

2.    The squatter _____________________________, at el, has 30 consecutive calendar days to cease any/all agriculture operations including but not limited to; fishing, planting, harvesting, cultivating and or irrigation activities. 

3.    The squatter _________________________, at el, has 30 consecutive calendar days to remove all structures, houses and or buildings from my land. 

4.    The squatter ______________________, at el, has 30 consecutive calendar days to restore my land back to the conditions which he found the land; free of debris, trash or structural remains.

5.    The squatter __________________________ at el, has 30 consecutive calendar days to properly clear and remedy any sewage, septic tank, or residential waste processing or related unauthorized structures from my land. "

The above represents about 25% of the needed writings that you will need to have if you want a proper legal resolution.  There is much more legal wording to consider but your research should get you on a tract that matches your comfort zone.

Best wishes.

Wow thanks for sharing guys...appears we do have an ATTY in the house!

 

Jesse777,

Thanks for the note.  My final draft used the corrected "et al" but, I did not catch that I was using my old uncorrected draft.  I sit corrected!

Calif-Native wrote:

Jesse777,

Thanks for the note.  My final draft used the corrected "et al" but, I did not catch that I was using my old uncorrected draft.  I sit corrected!

Thanks for the info Calif, very poignant for this topic and if those unfortunately affected with such a circumstance can gain knowledge and liberally given experience to remedy from yourself.
Let's hope no-one ends up in such a situation.

Cheers, Steve.

this is all well and good if brngy captain is not corrupt and siding with the thieves,squatters etc..and willing to sign and receive her copy.
the police made up papers charging 2 guys with stealing our lot markers placed by the engineer and sent them via my wife to have the brngy settle "the dispute"
i did not know there was any "dispute" to settle, and she refused to sign or receive the "charges" anyway..
i doubt she would sign and receive this eviction either.
when our present lockdown is done my wife will visit the mayor and attempt to get some action.

@ Soonretired & any other interested persons,

First, the Brgy Captain/Chairperson is not able to legally refuse a sworn statement and not place it in the blotter.  If, for any reason the Brgy fails it's duty, there is a reason why your wife must copy the Mayor. 

Second, all residence of the Philippines are required to start with the Brgy (with these types of crimes). 

My opinions on how to use current laws follow:

Learn what to do to get past a bad Brgy? - If your Brgy fails, you have a right to file a complaint against the Barangay leadership at the "Sangguniang Bayan or Sangguniang Panlungsod" that exercises jurisdiction over your area.

If your wife's property is worth fighting for, please note and focus on the follow portion of RA 7160.   

1.  Getting past a bad Brgy - Republic Act (R.A.) No. 7160, Section 61 (c).   

“a complaint against any elective barangay official shall be filed before the Sangguniang panlungsod or Sangguniang bayan concerned whose decision shall be final and executory.”

2.  Understanding the grounds for issues that Brgy officials can be charged with -  Republic Act (R.A.) No. 7160, Section 60, sub-sections a) - h).

"An elected local official may be removed from office on any of the grounds enumerated above by order of the proper court."

3.  Authority/Case law:  Philippine Supreme Court in the case of Barangay Sanggunian of Don Mariano Marcos vs Punong Barangay Martinez, (G. R. No. 170626, March 3, 2008). 

Court's Ruling:
“As the law stands, Section 61 of the Local Government Code provides for the procedure for the filing of an administrative case against an erring elective barangay official before the Sangguniang Panlungsod or Sangguniang Bayan. However, the Sangguniang Panlungsod or Sangguniang Bayan cannot order the removal of an erring elective barangay official from office,as the courts are exclusively vested with this power under Section 60 of the Local Government Code. Thus, if the acts allegedly committed by the barangay official are of a grave nature and, if found guilty, would merit the penalty of removal from office, the case should be filed with the regional trial court. Once the court assumes jurisdiction, it retains jurisdiction over the case even if it would be subsequently apparent during the trial that a penalty less than removal from office is appropriate. On the other hand, the most extreme penalty that the Sangguniang Panlungsod or Sangguniang Bayan may impose on the erring elective barangay official is suspension; if it deems that the removal of the official from service is warranted, then it can resolve that the proper charges be filed in court.”

4.  Based on the above write two documents; 

First document title - "Demand for “Professional squatter” (i.e., ___________ at al) to immediately cease from squatting and vacate the land."

Second document title - "Notice of intention to summarily evict the “Professional squatter(s)”

All of the above should be based on a person's willingness to learn and fight for their rights.  Your posting here has been taken as a request for personal experiences.  My response here is to share how I have helped a family friend.  Any person going thru this will have "roadblocks" that must be overcome. 

Only you and or your spouse can determine how far and hard you are willing to push to overcome the problems you shared. 

Again, I wish you the very best.

Soonretired wrote:

this is all well and good if brngy captain is not corrupt and siding with the thieves,squatters etc..and willing to sign and receive her copy.
the police made up papers charging 2 guys with stealing our lot markers placed by the engineer and sent them via my wife to have the brngy settle "the dispute"
i did not know there was any "dispute" to settle, and she refused to sign or receive the "charges" anyway..
i doubt she would sign and receive this eviction either.
when our present lockdown is done my wife will visit the mayor and attempt to get some action.

aside from stealing markers it is against the law to move a boundary

Perhaps and only an opinion that you need to go the hard yards, do it legally as advised by Calif and if the Barangay Capitan won't accept, demand a letter/response on paper why they won't hear your grievance, that will raise the bar, culpability, then if that fails the local municipal, the mayor and if rejected then with the reasons for declining your requests (needs to be documented) go higher and advise you will do that. It needs to be nipped in the bud (some time ago) and it really needs to be sorted within your community and pray it doesn't go further.
As a side note, perhaps 5 or 10K pesos will change your Capitans mind, perhaps a bottle of gin etc. I don't know your area/politics but mayhap you need to lower yourself to local standards and hit there first.

While I feel for your predicament SR; I and others can only offer suggestions but as said in other posts: how did your ever let it get to this given your land? Apparently.

I also see other input from members here questioning your rights to be so close to the high tide mark with a legal building let alone a squatter in front.
Our tax declared lot is still 20 odd metres  from the from the high tide mark, titled lot around 55 metres away. I see the building restrictions from high tide mark as we looked at beach front properties for over 6 years in/around La union. The bars/properties further south in Bauang on the beach (literally) have sea walls to protect their property/business and can be torn down if the government so chooses, look at what has happened in Thailand with (especially westerners) businesses pushing onto the beach on government land......... lots bulldozed and a suddenly defunct business or residence because people didn't read the rules.

I sincerely wish you luck with your situation and can only offer up that here is a relevant learning experience for those not yet initiated and those that have been through these problems.
You need correct legal advice and I'm sure the squatter won't help you pay for that. You let this happen and while others offer opinions. were you away for a year or two/three while this building project occurred on "your land?"
I did look at your posted pick of the squatter with satellite TV and can only offer that your neighbour also appears to have a squatter or jungle next door, other "supposed" property property owner?

You know I clean up my own sh1t before it gets too high. You SR have some fantastic info furnished here and only you/your wife can act.

OMO.

Cheers, Steve.

A friend contacted me privately and asked that I share a bit more details on how I was able to assist him on a related situation. 

Caution!!!  At the time of the below outlined events, there were many issues undecided by the DENR  (Department of Environment and Natural Resources), but this is where we had to go to obtain the lease. 

This may make interesting reading for some but it remains the responsibility of each expat to research current 2020 and beyond laws and decision, prior to attempting what worked 5 + years ago and about 5-months ago (in two different provinces).

Just to be clear.... I am sharing my experiences with a focus on documents, and Registrar's Office visits directly related to what is called "foreshore land". 

When a squatter presented a TD as proof of ownership, this was made complicated by the "Free access to the beach act".  This act should make all expats pay close attention since Sec. 4 of the act read (at that time);

"If the offender is an alien, he shall, after service of sentence, be deported immediately without further proceedings in the Bureau of Immigration".

If there were no structures in place before, the expat should be ok. 

As my friend continued, the squatter learned that the fake document could not stand up to the recorded TCT (recorded in his wife's name with him identified as her "American Husband" along with the Certificate of Paraphernal Property.  However, it took some detailed written challenges to get the officials attention.  It was hard for officials presented with written affidavits, to ignore the laws (and be embarrassed by a few Kano's along the way). 

Expat's should always be reminded that there is a vast legal difference between a TCT and a TD.  The correct Title to the land is via the TCT (most cases).  Another point - Be very clear on what/how a squatter is causing the person and their heirs damage while breaking the law.

The below was accomplished without one single Atty being used on my friend's side.  Also be aware that most city officials claim to have a Law degree when it comes to Land and or Taxes.  With these points in mind, the Affidavit content Included such facts as:

1.  The home is/will effectively be consider a "landlocked house".

2.  The lot owner is processing documentation for "legal possession", from the property edge to the tide marks, to control erosion and to keep unwanted person from setting up any structures.   

3.  Since the legal lot owner lives next the tide markings and that owner wants legal possession and control (not ownership) over the beach, from the high tide mark to the low tide mark, the lease is being executed. 

4.  There was a request to confirm Brgy records that showed the squatters were in compliance with building a structure under C.A. 141, Sec. 66; as mandated/controlled by DPWH (the authority over cases involving construction and developments along foreshore areas).

5.  We did extensive research on the questions relating to visitor or public use zone vs. core zones which could also be buffer zones or extensive use zones.  The Brgy officials were clueless and only demonstrated a complete lack of knowledge. 

Note: Unfortunately, my friend was also not aware of these details, since it was the spouse that made the buy decision and she was also completely unaware.

How was gaining control of the adjacent beach area done - Via a lease from the Philippine Government known as a "Foreshore Lease" (25 years renewable for 25 years).  Try this link:  https://www.formsphilippines.com/viewfo … pplication

Legal advantage - Once my friend had proof that the Government has identified the Filipino spouse as the person whom had obtained the lease and was maintaining the "Foreshore Lease" property in question, there were no legal options for the Brgy or squatters left. 

There is another provision that allows PNP to be present during the peaceful removal of squatters. 

Comment - It will not hurt your case to include the fact that the Philippine building codes stipulate that structures built  along the coastal areas must be designed to withstand 250-kph winds.

Added ammunition -  Include in your letters a demand that the Brgy has confirmed the squatter has both the required permits and code adherence to be on that location.   This must include demand of proof that the squatter has Brgy clearance for adequate legal septic system, paved roads, and access to legal utilities.

It is with hesitation that I add the above info since it is not my wish to seem more motivated than the person/family directly affected.  So, I have honored my friends request to share a bit more and will leave it at that. 

I did not intend to write so much or to take over this topic... my apologies to all for the very long read.

I hope my approaches used a little over 5 years ago will still be of some value to others........

Calif-Native.. thank you for your outstanding effort to document and share your direct experience, and to communicate information of such high value to the OP and others on the forum. It is greatly appreciated and will, I am sure, be of value to many.

The squatter problem in Davao is a very difficult thing to address, the Mayor and President are squatter friendly, you may have saw the news a few years ago a group of squatters were ordered to vacate a piece of land the sheriff showed up to the evection so did the Mayor she proceeded to punch the sheriff and the process was stopped, these people finally left after the Government gave them housing, a case can last for years here and only wealthy Filipinos get things done quick

As in any dealings with Filipinos, you must ask for "Full Disclosure". Do not take anything for granted when dealing with anyone you don't know well. What was "right" back home is not how it works here. Be careful, be vigilant and record everything. I am still learning all the tricks some Filipinos will try.
regards  Bruce

If so...why not consider being a tax free squatter? After all what rights does an expat actually have here?
Its becoming a game of hide and seek with most local transactions.

manwonder wrote:

If so...why not consider being a tax free squatter? After all what rights does an expat actually have here?
Its becoming a game of hide and seek with most local transactions.

A very good point and one that has been going on here for decades. Firstly I would say that the expat in the back ground has a wife whose name the title sits with or if single/unatached a secure long term lease on a said TCT property and more than likely any tax declared lots have the taxes paid annually. Security/legal.
OMO but the problem with squatters generally arises on government or abandoned land (owner deceased with no heirs) and while mostly overlooked there comes a time when the land they are squatting on becomes valuable and they are relocated,,,,,, to nowhere, a new village supplied and paid for by the government and the investor for a mall or a 40 storey condo complex. All moved to cheap land away from employment and any hopes of a decent future. I only say this because it has happened to family members that used to live in Manila and were relocated.

Question to MW. If you could legally go down the squatter path would you?

My outlaws and 5,000 relatives are squatters on PNP land for the last 30 years and that is their home. Actually having a title (yet to be forthcoming from the OP) gives rights to that lot and excludes others/squatters and has to be administered post haste or you end up in the situation that the OP is in.

We have a tax declared lot and If we see a shovel near it other than our own,,,,,,,,, you get the drift.

Cheers, Steve.

Question : If you could legally go down the squatter path would you?
Answer : Im working on it/need to check wif my 'shady' lawyer & accountant.

manwonder wrote:

Question : If you could legally go down the squatter path would you?
Answer : Im working on it/need to check wif my 'shady' lawyer & accountant.

OMO but sad to hear you are thinking that way given you are looking at/considering a beach resort with no figures to present your "shady" accountant with, as an expat/s we have dreams but reality always rears its ugly head for those that do their sums properly.
Squatting as an expat? go on then, tell us your plan. I may learn and prosper mate.

Cheers, Steve.

bigpearl wrote:

manwonder wrote:

Question : If you could legally go down the squatter path would you?
Answer : Im working on it/need to check wif my 'shady' lawyer & accountant.

OMO but sad to hear you are thinking that way given you are looking at/considering a beach resort with no figures to present your "shady" accountant with, as an expat/s we have dreams but reality always rears its ugly head for those that do their sums properly.
Squatting as an expat? go on then, tell us your plan. I may learn and prosper mate.

Cheers, Steve.

Again Steve...Like you say "reality always rears its ugly head" (Just ensure it doesn't break your bank account)..so I guess we need to go with the flow with how things work here.
Thats all I can say for now!

Thanks

As said from memory now is the time to play your cards close to your chest and sprout little, see what transpires in your personal dealings and tell little else here. Only to your shady accountant and to me that says time to get a new one so you don't end up burnt. OMO.

Cheers, Steve.

bigpearl wrote:

As said from memory now is the time to play your cards close to your chest and sprout little, see what transpires in your personal dealings and tell little else here. Only to your shady accountant and to me that says time to get a new one so you don't end up burnt. OMO.

Cheers, Steve.

Thanks Steve.
But I must highlight that its nothing too serious that will get anyone of us into trouble with the law....its just how things work here...many a neighbour has similar predicaments the problem only arises when you intend to SELL.

Fellow Expats,

Any narrative where there are illegal settlers occupying land that an expat directly or indirectly has a legal interest in, should not be hesitant to join the land owner (as an interested party, not as co-owner) to seek court action for removal.  However, all such action needs to start as a Brgy action. 

All Expats can be armed with one primary legal standing to serve as the foundation for all actions on this topic.  The protections and legal standings are found within RA 386 (New Civil Code of the Philippines), BOOK II, TITLE II, CHAPTER 1 (Ownership in General), Article 428. 

Article 428 states the following:

"The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law.

The owner has also a right of action against the holder or possessor of the thing in order to recover it. (348a)"

Calif-Native.. thanks very much once again.
It is greatly appreciated and will, I am sure, be of value to many of us.

nutinphark wrote:

Calif-Native wrote:

The owner has also a right of action against the holder or possessor of the thing in order to recover it. (348a)"

Yeah we all know that ... The question being ask is "anyone ever deal with squatters? eviction?"

Yes.

To nutinphark,

"Nutinphark,
Yeah we all know that ... The question being ask is "anyone ever deal with squatters? eviction?"

The purpose of your post is unclear but does have a tone of overt antagonism.    My ability to both read the question and answer in the affirmative, is clearly a yes! 

Your "assistance" in reminding me of the topic is not needed and only reflects on your inability to comprehend related legal positions an expat can & should use.

In checking your hypothesis that caused you to post as you did......

- Either my postings relate and help other expats or they do not relate and or help expats. 
- Either RA 386 also relates to land owner right or it does not! 
- Either land owner rights relate to squatters or land owner rights do not relate to squatters!

By posting as I have, it is my intent to provide an overview on what and how I was able to assist with squatter removals, to include the relative laws I used, as a clear response to the question of, "anyone ever deal with squatters? eviction?"

Unless you have similar experiences to share in a positive manner, perhaps, it is you that needs to review the string of topic related posts here, prior to finding the need to post what I believe to be a clueless yet animus laced retort to the posting of related laws I used.   Good day.

Soonretired, My better half Ben suggests you contact Raffy Tulfo as he has helped lots of Filipinos and foreigners sort out issues such as yours.

https://www.marvicrm.com/2017/09/raffy- … -kay-tulfo

PS, Ben said that your wife will know him and can explain more to you about what he does.
Worth investigating mate.

Cheers, Steve.

lots of good info! thanks everybody. !
have copy pasted a lot of legal stuff for later and will show my wife that guys web page..sure she'll know him.

cant do much right now anyway we are locked down, no visits to mayor or anything til this covid lockdown is done.

thanks for all advice!

I like the posters idea bout having a party at your place and inviting the mayor.  You should make it an outdoor party and set up the tables very close to the squatters place so everyone has to sit there and see the same eye sore you see everyday.  As a matter of fact you should do a party every weekend until they leave.   Maybe start a meet up club that meets every Sat on the beach right next to their dwelling.  They will get sick of everyone looking at them all the time.  Spend as much time as possible in the back yard with as many people as possible.  Reclaim your property.

yes as soon as lockdown is done ,this covid has stopped everything in its tracks.
may get typhoon dec or jan to fix this before i need to.fingers crossed.