The article “Land grabbing through the judiciary?” by Dr. Tranquilino Elicaño Jr. published on Oct. 7, 2007, page 14 of the Philippine STAR has given me the courage to write to you. I am a victim of this “land grabbing”, swindling, robbery through judicial fiat.
My only purpose is to warn the public so that this incident will not happen to them.
The modus operandi of this woman is “she offers to buy your property assuring you that she is fast, cash buyer, as she has a very prominent family name, you believe her. She then gives earnest money, asks you to sign with her a prepared “Contract to Sell”. The stipulation is “Total balance of the full purchase price will be paid upon signing the Deed of Absolute Sale,” with your signature affixed, then files an affidavit of adverse claim on your Transfer Certificate of Title in the Register of Deeds, the purpose of which is you can no longer sell your property to other people.
You are now under her mercy, she now demands that you sign the Deed of Absolute Sale, pay all taxes, register and transfer this Deed of Sale in her name, after compliance of the above, only then will she pay the full remaining balance of the purchase price.
This person has now converted the “Contract to Sell” into a “Contract of Sale” she being an expert in the law.
I knew right away that this is a well-planned scheme to “swindle” me, I refused to sign the Deed of Sale up to this date.
She then uses the court, files “Specific Performance with Damages” involving a Contract to Sell, with the same prayer that she was not able to get from me. A “Notice of Lis Pendens” has been affixed in your TCT this time. The case was filed in December 1986.
This time, the truth comes out, her counsel, a relative, is a retired Justice of the Supreme Court (now deceased).
Backed up by a powerful counsel, the judge has given due course to a defective, null and void complaint, rendered unconstitutional, contrary to law decision.
Her prayer that you sign the Deed of Sale, pay all taxes, register it and transfer it in her name without paying upon signing has been granted by the lower court, is an example of land grabbing, swindling, robbery through court order.
But Divine Power has intervened, I am still the sole, absolute owner of this property as the Resolution of the Court of Appeals has affirmed/resolved that what I have signed was a Contract to Sell and not a Contract of Sale. Property is located in Ayala Alabang Village, Muntinlupa City with an area of 959 sq.m. — ADELAIDA INFANTE, Makati City