Charo Interview.docx

ATENEO LEGAL SERVICES CENTER CASE SUMMARY REPORT Name of INTERVIEWERS: Marivir Abata, Cheza Biliran, Stefanie Go, Bret Monsanto Name of APPLICANT INTERVIEWEE: Charo Guevarra Date of duty: March 22, 2019 Time: 1 1:15AM – 11:50AM FACTS:  The land located at 6420 Kamia Street, Barangay Guadalupe Viejo originally owned by Felissa de los Santos, paternal grandmother.  Dolores Albano, daughter of Felissa, alleged that she bought the lot from Felissa before her demise.  Dolores verbally asked Leonardo de los Santos, son of Felissa, to vacate the premises.  Leonardo filed a case against Dolores (nature of case cannot be ascertained for lack of documents i.e. partition). They underwent barangay conciliation proceedings. A case was filed thereafter.  Roberto de los Santos, brother of Dolores and father of the interviewee, died before the decision in 2005. His heirs, interviewee and her siblings were substituted in the case.  There was an extra-judicial settlement issued in the names of the heirs of Felissa and the heirs of Roberto.  The partition case ended in 2005 with a final partition of the property to the heirs. The title of the land was not  When Dolores was still alive, she already signed the extra-judicial settlement. However, she did not want to sign the blueprints containing the project of partition.  The heirs of Dolores did not honor the extra-judicial settlement.  There is again an issue as to the ownership of the lots in question. LIST OF DOCUMENTS PROVIDED  None but to follow.

ISSUES W/N case in 2005 maybe enforced through a writ of execution. W/N judicial settlement arrived in 2005 maybe enforced to get a tax clearance despite being embodied in an extra-judicial settlement document.

RECOMMENDATION  We can accept the applicant as a paying client.  The lot is in Makati City and they are living there. They are the owners but they are being deprived of the rights of ownership such as possession, disposition, and fruits of the rentals.  The interviewee has approached several lawyers and Government agencies, but she has been given different pieces of advice. They are at a loss as to what to do next.  They even paid for the taxes of the entire land to acquire the rightful title over their assigned portion as provided in the extra-judicial settlement.  Other heirs have also been deprived of their rightful ownership and possession of their property.  This case is a good chance for the student-associates to experience how an extra-judicial settlement is enforced.  The student-associates will be able to deal with different government agencies such as the BIR and the Register of Deeds.