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TIME TABLE

KABONGAHAN , NAMANDAY, BACACAY, ALBAY . ( PROPERTY)

STATEMENT OF FACTS:

Kabongahan property stated above is owned by heirs of PELAGIA BALASE, CELSO. Sometime in the late
1950s or earlier , MODESTO BALASE and PELAGIA BALASE the father and daughter become partners
(bakas) on buying a parcel of land located at the said address above. It is consist of more than two (2)
hectares property owned by father and daughter. This property consisting into two parts, the larger part
was bought from _________ and the other part bought from BUISING if am not mistaken, which is
smaller than the other one.

MODESTO BALASE had FOUR (4) heirs, Pelagia, Pedro, Rosario, and Arsenio all surname Balase. This
property is untitled and unregistered to any government instrumentalities meaning by that time this
property untitled on the name of either Modesto nor Pelagia. Meaning this property is not owned by
Modesto himself, but also by Pelagia as his Partners on buying this property.

By that time Pedro married at Tabaco Albay. Pelagia bought a parcel of land at Fatima, Tabaco, Albay, as
Pedros supposed property as their family home, which traditionally on that time the relatives of the wife
asking for the husband to produce family home before the marriage. So Modesto as father told Pedro
not to acquire anymore his part as heir of Kabongahan property. Rosario when she got married Pelagia
help her by assisting financially on her Married so Modesto again told Rosario not anymore claim her
heir on kabongahan property.

The larger part the first one illustrated above was the location which Pelagia constracted her Family
home. Later Arsenio and his heirs, sold his part as heir of kabongahan property to Pelagia due to
financial needs, herein evidenced by the dead of sale instituted between Pelagia and Arsenio.

Later Cadastral Survey comes in on that place since that is an island only Pelagia is living there cultivating
the land. I dont know what happened if there is any conformation from each other including their father
Modesto that he cadastral title be named into Pelagia (estimated registered by 1960,s).

Later Pedro talk to Pelagia to give him some part on the property , then Pelagia as sister gratuitously give
the other part where was bought from Buising to Pedro bounded by a banks or canal from each other.

Pelagia used to pay tax this property in her owned evidence by tax declaration of the property, later their
heir of Pelagia which is Estrella pay some taxes, later heirs of Estrella which is Efigen paid the taxes from
1984 upto 2014 evidenced by tax dec. and tax receipt issued by the municipality of Bacacay. (Bir)???

Issue/s :

1. Whether or not heirs of Modesto are entitled to have part on that property?

2. Whether or not Pelagia is the registered owner of the property?


3. Wheteher or not Heirs of Pedro (Ernesto) can insisted to claim the half part of the entire property?

4. Whether or not heirs of Rosario is entitled into the part of Pelagias part?

Possible solution : (based on codal provisions and jurisprudence)

1. Whether or not heirs of Modesto are entitled to have part on that property?

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