December 14, 2007
Sir/Madam:
With the meager salary I am earning as a government employee, it tears my heart to lose access to my one and only property which I acquired through my hard-earned money. Late last year, I purchased a parcel of land in a well-known subdivision of our city, i.e. the Villa Corito Subdivsion. My husband and I made plans of building our house in said land. So, we made improvements (filling and fencing) on it starting mid of this year. Our spirits were high as we dreamt of building our home. In fact, we have applied and was released with our initial loan from the PAG-IBIG housing loan program last month. Never did we imagine that the existing subdivision road leading to our lot will be arbitrarily closed by a few of the homeowners of said subdivision.
As a background, the realty which owned the Villa Corito Subdivision is Kaimo Realty Corporation. Its original owner, Ramon Kaimo has already passed away. The heirs have not managed the subdivision anymore.
This subdivision is composed of phases 1,2 and 3. Phase three is still undeveloped and most of the lots here are now with the PDIC.These were foreclosed by the bank and the bank which foreclosed it got bankrupt. Hence, the PDIC sold most of the lands in phase 3 through public auction. Our seller acquired some of the lots from PDIC. I am a lot owner of phase 3 while these (few) homeowners are residents of phases 1 and 2.
As approved by the Land Registration Commission (now LRA) , the consolidated subdivision plan dates back to year 1976. Hence, the existing subdivision roads have been approved since time immemorial.
The Misery. What the homeowners (minority) did was to build a concrete hollow block fence dividing into two the subdivision. In short, phase 3 (where my lot is located) is now excluded from the subdivision. At first, my husband and I was not so bothered with the structure because at the end of the fence they placed a steel gate where we could still pass in going to and fro our land.
More misery. Just recently, these homeowners have padlocked the gate which is our only access to our land coming from the public highway. We asked for access, but the head of the homeowners asso. told us that it is the majority decision and we just have to file a case in court.
To clarify, phase 3 is at the tip of the subdivision and is bounded by the Surigao River. Practically, we don't have any other access to our land from the public highway than the existing subdivision roads where they have built a barricade.
I would say we are not asking for an easement of right of way because in fact there is an existing right of way already given by the original owner realtor, Ramon Kaimo since 1976 when the the consolidated subvision plan was approved.
If we try to file a case in court, it entails more money and takes time. Hence, we cry for help from the HLURB if only to give us ensights on how to remedy the matter.
Sincerely,
Ainee L. Chua
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