Many years ago the patriarch of a family fell ill. He was under the care of their distant relatives because his three children lived abroad with their respective families. To sustain the growing medical expenses and daily sustenance of their father, including the maintenance of their small house in Manila which included wages of the maids, assistants, food for their staff, electricity, water, etc. was a big concern.
Unfortunately the father’s health condition worsened and he had to undergo major hospitalization and medical treatments at St. Luke’s Medical Center in Quezon City.
Faced with mounting obligations, the siblings thought of selling their father’s house in Quezon City. The father who was already bed ridden gave his consent by affixing his thumb print on the Special Power of Attorney he executed in favor of his son.
They didn’t have money to pay for his doctors and medical expenses. One time the father couldn’t be discharged from the hospital because they didn’t have the big amount necessary right there and then to pay the hospital before the patient would be released. Every time they needed funds, they called family A who willingly helped them because they are close relatives on their mother’s side. Family A paid for the hospitalization within just minutes of notice. Ewan kung saan sila makahanap ng kamag-anak na isang text lang eh maghahagilap ng pera para matulungan sila.
Selling their house could take time. Their father’s needs were immediate, in fact urgent. Thinking that they would be doing something good to help, Family A signed a deed of sale with the siblings. Their respective spouses also signed including quit claims. The sale amount was P25,000 per square meter which was the prevailing market price in that area during that time.
In a stretch of compassion and utmost consideration, family A agreed to let the father continuously stay at the property. In the event of death, family A even offered to let the remaining relatives stay in the house for another year.
Family A didn’t need the property yet. Out of compassion and consideration to their relatives, they let them stay at the property for two more years or even more after the death of the patriarch.
When it was time for the new owner, Family A, to get the property, they gave sufficient notice to the occupants. Siblings refused to turn over the house and sibling K refused to vacate the property. He even had boarders stay at the house. On top of that, the two siblings living abroad started to question the sale. They at first claimed that their father never wanted to sell the house. They accused their honest brother of faking the father’s signature or thumbprint. They accused their brother of conniving with family A to get their property for a cheap price. Their house was purchased at P25,000 per square meter. That time, as similar property three blocks away was offered to family A for P19,000. A 400 sqm lot across their street was also for sale during that time for P25,000.
All of the siblings including sibling K signed in the deed of sale thru their own volition and free will. No one forced them.
They claimed that family A paid a pittance for the value of their (tiny) house that is standing beside a squatters area. Para daw binili ng libre.
When you buy a property, your risk is the value would drop, if you are the seller, your risk is the value could go up after you’ve sold it. Ganyan talaga. Otherwise, don’t buy anything, baka bumagsak ang presyo. Or don’t sell your house, intayin mo forever pataas ng pataas kugn tataas.
They claimed that family A did not fully pay for the property so the sale was not valid. Grabe, the nerve.
They were forgetting that their father was in the hospital bed and without family A’s help, they wouldn’t be able to pay for the doctor, hospital, his medicines. Matapos silang tulungan, ganun pala ang mga ugali. Nakakakulo ng dugo.
The amount withheld was actually for the capital gains tax and their parents’ extra judicial settlement (estate taxes) which had to be set aside otherwise the siblings / heirs wouldn’t have money to pay for their tax obligations. Any excess would be distributed to them as committed by the Family A.
The difficult part was that the siblings were not on speaking terms. Family A exerted effort to connect to the siblings and encouraged them to reach out to each other and be nice to one another for their common interest and simply because they are family.
Family A offered to let the siblings buy back the property or redeem. The value has now doubled but Family A is not greedy. They just wanted the return of their money and a small interest for several years because of lost opportunity. The Siblings would be free to find another buyer willing to pay for a higher price or they can develop the land or whatever, after they have paid back Family A.
One of the siblings who still live in Manila offered to buy the property from family A. In the spirit of goodwill, family A agreed to sell at below market price. They just wanted to get back their money plus a reasonable amount of interest. The value of the property had increased but Family A is not greedy. They didn’t want the house, they just wanted to move forward.
Sibling K sent a letter thru his lawyer formalizing the offer to buy back / redeem the property. He offered to pay in January. It never came.
Delays after delays, alibis after alibis. Family A, out of the goodness of their heart, kept on agreeing to extend. Exercising maximum tolerance, family A agreed to move the payment date to April 2017. Sibling K asked for more extension, saying someone was abroad, check needed correction, etc.
His last promise was he would bring the check to the office of family A on May 31. Even lawyer doubted sibling K’s sincerity.
It appears that the letterhead used by sibling K to show that he is a vice president of a shipping company is fake. The name of the company does not exist in the Philippines. Their office in HK is fictitious. The name of the signatory, Mayette something couldn’t be found online, on Facebook. The signature of this Mayette looks uncanningly similar to sibling K’s handwriting. Family A is sending people tomorrow to the address of the shipping company listed in Ermita, UN Avenue, Manila to investigate.
Family A sent her lawyer to the Registry of Deeds in Quezon City. Sibling K was able to get a new eTCT for the same property in cahoots with some people. He submitted a fake Special Power of Attorney in his favor signed by his dead parents. He falsified their signatures and of course, they were dead already how could they have signed any document. It also appears that sibling K mortgaged this property to a third party using the title he obtained with fake documents.
Sibling K knew very well that the house and lot in Cubao is no longer theirs. He himself was the one who received the payments, personally coming to the office of Family A. He was also the one who picked up the fat check payable to St. Luke’s so they would discharge his father.
Family A has lost all her patience and instructed her lawyer to file a criminal case against sibling K for falsification of public documents, estafa, etc. and to enforce her claim against the two other siblings.
After 5 years of family A keeping her cool and exercising restraint and hoping that those people were in good faith and would not cheat her, today was the realization and acceptance that she’s been cheated.
Family A has spent sleepless nights thinking about this situation. Her years of exercising calm, restraint, tolerance and patience have reached it’s ending and this morning, she went into hysterics. Crying and screaming out the words manloloko, mapagsamanatala, salbahe, mampepeke, falsipicador, manggagantso, and the phrase she’s been avoiding to say all this time— WALANG UTANG NA LOOB.
