NEED ADVICE;WHAT SHOULD WE DO?

Good day to everyone,Im new here. I am here to ask help or advice from this good community, hope you can enlighten me.

This case is not intended for me, this is for my half sister and my mother.

My mother and step-father separated for almost 10 years. But, still they are friends because of my half sister. They didn't separate to each other because of third parties, both of them don't have boyfriend/girlfriend. Me and my mother lived at baguio city and my half sister remained at my step-fathers custody. But during the time that they were separated, hindi namin pinabayaan yung kapatid ko. We give her monthly allowance and we provide some of her school needs and also in her fees in school.

Last year we came home but we live in separate house, still my mother and step-father remained friends. By November last year, my step-father past away due to high blood attack.

And now our house was sold to cope up the bills in hospital and other expenses during my step-fathers wake. We are forced to move at my auntie's house.

So ngayon, wala kaming sariling bahay. Pero meron naman sanang lupa na parti ng step father ko. Yun nga lang hindi pa na survey. Pero sabi ng step father ko noon, napag partihan na daw nilang magkakapatid at totoo nga iyon. At sa katunayan naka pag benta na yung step-father ko ng maliit na loti mula dun sa parti niya kasi pinampagamot niya noon.

Ngayon po balak ng mama at ng kapatid ko na magtayo ng bahay dun sa parti na lupa ng step-father ko. Ang problema po namin ngayon ay ayaw silang payagan ng kapatid ng step-father ko na magtayo ng bahay kasi daw ito ay naka sangla at hindi pa na susurvey. Pero ang napag sanglaan naman po ng lupa eh yung kapatid din mismo ng step-father ko at ayaw naman niyang ipatubos ang lupa. Hindi namin alam kung kelan ang term ng sanglaan dahil siya lang din po ang may gawagawa ng pagsangla. niloko po niya yung step-father at yung isa pa nilang kapatid tungkol dito. ninakaw po niya ang mga perma nila.

Ang gusto ko lang pong malaman ay kung pwede po bang magpatayo ng bahay ang mama at sisiter ko sa lupa ng step-father ko kahit hindi pa ito na survey at nakasangla pa?

Sana po matulungan niyo po ako..
Salamat po.

In other words, the parcel of land which was alleged to have been mortaged to his brother is the exclusive property of your step-father acquired during by gratuitos title. Your half-sister may have the right to such property as his legitimate heir.

////Ang problema po namin ngayon ay ayaw silang payagan ng kapatid ng step-father ko na magtayo ng bahay kasi daw ito ay naka sangla at hindi pa na susurvey.Pero ang napag sanglaan naman po ng lupa eh yung kapatid din mismo ng step-father ko at ayaw naman niyang ipatubos ang lupa.///

In this given case, you can have this argument under Art. 2088 of NCC which provides that: The creditor cannot appropriate the things given by way of pledge or mortage, or dispose of the same. Any stipulation to the contrary is null and void. In other words, hindi niya pweding iappropriate ang lupa na isinangla ng step-father mo. It would have been grossly unfair if lets say, the land was made a surety in the contract of loan in the amount of P 100,000.00 but the actual price would be worth of P 1,000,000.00. This would not only result to injustice but likewise contrary to our law.

///Hindi namin alam kung kelan ang term ng sanglaan dahil siya lang din po ang may gawagawa ng pagsangla. niloko po niya yung step-father at yung isa pa nilang kapatid tungkol dito. ninakaw po niya ang mga perma nila.///

If your step-sister is of legal age, as a legitimate heir and adverse party in interest, she can file for nullification of the contract of loan which the land was made as guarantee through Art. 1337 of NCC which speaks of undue influence thereby depriving the latter of his freedom of choice. The following circumstances is considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in FINANCIAL DISTRESS. If there is indeed existing agreement between them, it must be binding thereby complying with the principle of mutuality of contract which its validity or compliance cannot be left to the will of one of them.

I hope i have helped you a bit, though this does not bind us or whatsoever. I am just applying what I have learned from my study of law in your present case.

Huwag muna kayong magtayo ng bahay kung hindi pa clear ang lahat to aviod possible conflict.

Sir, salamat po sa advice. this would clear me now... Thanks a lot..