URGENT: Eviction with notice to vacate

attorneys,ask lng po ng legal advice.

an accion reinvindicatoria case against my parents et al who were living in private property for almost 50 years, has become final and executory due to a valid title of the landowner, and a notice to vacate has been received by them just this week.

my question is, can they be evicted after 30 days? in other words,what rights do they have under the law? What are the procedures in eviction? what should they do? (they have nowhere to go in case evicted)

thanks

Since you claim that there is already a final and executory judgment, and there is in fact a notice to vacate, it is better if they will look now for another place where they can transfer.

If they disregard the notice to vacate, they can be bodily and physically removed from the premises by the sheriff and any one acting under his authority. That would be very embarassing and demeaning for your parents.

ok,how can they invoke being an underprivileged under the lina law? how can one invoke said law under this kind of situation so that eviction shall not take place?

thanks

I understand that your parents are facing a very difficult situation.

Since there is already a final and executory decision, you have very limited legal options available. But there is no harm trying.

You should personally consult a lawyer who will review the case of your parents. Your lawyer will explore options available like questioning the validity of the writ of execution, jurisdiction of the court, etc. Another way to stop the eviction is for your lawyer to secure a TRO/Injunction with a higher court. There is also the remedy of “terceria” but such remedy is only available to third party claimants of the same property being levied by the sheriff.

Going now to Lina Law, the provision therein which states that there must be adequate relocation is actually addressed to the local government unit and the NHA.

Section 28 states:

“Section 28. Eviction and Demolition.- Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations:

xxx xxx xxx

(c) When there is a court order for eviction and demolition.

xxx xxx xxx

In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory:

( Adequate relocation, whether temporary or permanent: Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order shall be executed: Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned.

xxx xxx xxx”

Even without the above provision, I believe that it is the government’s inherent obligation to provide adequate relocation to the homeless. Unfortunately, we are living in the Philippines and you know how our government works. In any case, you can also reach out to your own LGU to seek assistance. It’s election season, thus, officials are always willing to lend a helping hand.