I informed the the barangay kapitan of the dispute and he set up appointemts for mediation. The encroaching landowner refused to attend even one barangay lupon meeting. The barangay kapitan is now willing to send the case to the local court system. I have informed the encroaching landowner that if the case goes to court, then I would be forced to seek not only a writ of demolition, but also attorney fees and damages. He replied that he is poor and has nothing to lose. He said that he will not honer any decision the court makes, and that I can only lose money in the process.
The encroaching landowner has also told my property's caretaker that he is a member of the "NPA" and conveyed that he is "willing to kill" for the property.
I believe the encraoching landowner is only causing problems because I am a American citizen of Filipino decent and my Filipina wife is not orginally from this area.
I have two questions:
1)If the court awards damages to me... and the landowner refuses to pay... can I force a forclosure of his property as a form of payment?
2)If the court decides in my favor... and the landowner refuses to remove his encroachments... will it be legal to have my friends in the national police arrest him for land squatting?