Land grabbing in Metro Manila

The most basic definition of land grabbing describes it as an aggressive taking of land or property by force or by fraud – which seems to be the case regarding a property in Tondo, Manila. According to documents sent to us by the lawyers of the Plata family, the commercial-residential building is owned by Dr. Rosalina Hilario, a relative who died in 2008. Since Hilario had no direct descendants, the Plata family became one of the heirs to the estate of the deceased, which includes the said Tondo property (with an estimated BIR zonal value of P55 million) now subject to ongoing intestate proceedings before a Quezon City Regional Trial Court. 

The Platas say they have been peacefully occupying the said property for the last 25 years, so imagine their shock when about 20 armed goons from a security agency arrived and started destroying the doors, terrorizing the other tenants/occupants in the building. Workers also started constructing a fence around the property and together with the armed men, nailed on wood and cardboards to block the entry to the upper floors.

The laborers and armed goons were reportedly hired by a certain Alvin Tejero Latog who works for a woman named Marlina Veloso, who in turn claims to be the owner of the building by virtue of a deed of sale executed in 1970. Lawyers for the Platas said the supposed deed of sale is not even annotated in the title, and considering the fact that it had been almost 40 years since, the claim of Veloso – owner of a trading firm – has long prescribed and is barred by “laches” or inaction.

Latog filed a police complaint against the Platas– but strangely enough did not attend the hearings. We are told the family members have become virtual prisoners in their own home, allegedly threatened with bodily harm if they try to leave the premises. Last week, the electricity was cut off, so you can just imagine the miserable condition of the building occupants, who have since been forced to sleep on the first floor since the stairs leading to the upper floors were barricaded.

The authorities should look into the situation and make sure that the issue is properly settled without any violence. From what we have gathered, there is a clear case of intimidation through the use of force against people of modest means like the Platas, who are in danger of being deprived of land that appears to be rightfully theirs as legal heirs of the deceased owner. A case such as this – which has elements of land grabbing – must be settled legally and amicably to protect the rights of everyone involved. In any issue, there are obviously two sides, but using armed goons is definitely out of bounds. Time and again, we have heard so many cases of people suffering some kind of injustice who turn to leftists armed groups like the New People’s Army and the Sparrow unit or the Alex Boncayao Brigade, thinking they will not obtain justice from government authorities. In many instances, the issue of land ownership – specifically land grabbing – has been at the core of the dispute, with people taking up arms to seek redress for their plight.

On the other hand, a lot of property owners in Metro Manila and nearby provinces have also fallen prey to syndicates that specialize in land grabbing. These people go around looking for unoccupied land or property and with the collusion of crooked employees in government agencies like the registry of deeds, help them obtain fake titles to these properties which are then sold to unsuspecting buyers. In both cases, the buyer and the real owners become the losers since more often than not, they engage in a protracted legal battle while the criminals go about looking for other victims, many of whom are OFWs and balikbayans.

But perhaps the more widespread instances of land grabbing can be seen in crowded “informal settlements” where the rightful owners, many of whom worked hard all their lives to acquire a piece of land, are ironically prevented by law from getting back what is rightfully theirs. We are talking about Republic Act No. 7279 or the Urban Housing Act of 1992 – otherwise known as the Lina Law – that is supposed to address the perennial housing shortage in this country.

No doubt the purpose of the law is commendable, because it seeks to provide social housing to the poor and marginalized sectors of society. However, a provision stipulating that illegal settlers to one’s land cannot be removed unless a relocation site has been provided them has been subjected to so much abuse. This has undoubtedly worked for the so-called professional squatters (usually controlled by syndicates) to harass legitimate landowners who, when they find it difficult to look for “suitable alternative” home sites as provided for by the Lina Law, are forced to pay up so that these illegal settlers will leave them in peace. 

There are many who, by dint of hard work, earn enough money to acquire a piece of property to build their dream homes on. And since they have yet to save up for the construction, the property is left unoccupied – only to discover later on that others have occupied their land. Unfortunately, they can’t do anything unless they find a relocation site or “compensate” these illegal settlers.

It is one thing to help the needy and the marginalized, but this should not be done at the expense of hardworking people who also have equal right to protection under the law – which certain provisions under the Lina Law seems to have forgotten. This ongoing problem has been around for so many years – something which the new administration should also look into. After all, justice should be administered equally to everybody – to the marginalized poor as much as the hardworking middle class and even to the comfortably rich.

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