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  • Is Not More Than Five Hectares, in Which Case Instead of Disturbance Compensation

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    Carmencita Abad Escusa, representing the co-owners of the property covered by OCT No. P-8972, is writing in response to an Offer to Buy document and Notice of Consignation. She respectfully rejects the offer on the grounds that the proposed purchase price does not compensate the total price of the owned land as required by law. She also rejects the entitlement to disturbance compensation cited in the notice, arguing that the owned and leased land is less than 5 hectares based on the land title. She indicates a willingness to coordinate collecting past due rentals but maintains the owners' right to enjoy, possess, and freely dispose of the property, including negotiating any purchase in Antipolo City where they reside

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    Letter Tasyo

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    Carmencita Abad Escusa, representing the co-owners of the property covered by OCT No. P-8972, is writing in response to an Offer to Buy document and Notice of Consignation. She respectfully rejects the offer on the grounds that the proposed purchase price does not compensate the total price of the owned land as required by law. She also rejects the entitlement to disturbance compensation cited in the notice, arguing that the owned and leased land is less than 5 hectares based on the land title. She indicates a willingness to coordinate collecting past due rentals but maintains the owners' right to enjoy, possess, and freely dispose of the property, including negotiating any purchase in Antipolo City where they reside

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    © All Rights Reserved
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    11 views2 pages

    Is Not More Than Five Hectares, in Which Case Instead of Disturbance Compensation

    Uploaded by

    Burn-Cindy Abad
    Carmencita Abad Escusa, representing the co-owners of the property covered by OCT No. P-8972, is writing in response to an Offer to Buy document and Notice of Consignation. She respectfully rejects the offer on the grounds that the proposed purchase price does not compensate the total price of the owned land as required by law. She also rejects the entitlement to disturbance compensation cited in the notice, arguing that the owned and leased land is less than 5 hectares based on the land title. She indicates a willingness to coordinate collecting past due rentals but maintains the owners' right to enjoy, possess, and freely dispose of the property, including negotiating any purchase in Antipolo City where they reside

    Copyright:

    © All Rights Reserved
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    of 2

    Constancio C.

    Ortega
    Sto. Tomas, Penaranda
    Nueva Ecija

    This letter is in connection to the Offer to Buy document and Notice of


    Consignation that we have received recently.

    1. I, Carmencita Abad Escusa as one of the owners and duly authorized


    representative of the co-owners reject the respectfully rejects your offer to the said
    property covered by OCT No. P-8972 on the ground that the value of the offer does
    not compensate the total price of the land we owned as provided in Art. 1458 of the
    New Civil Code.

    2. We abhor the entitlement of the disturbance compensation on the ground


    as provided in Sec. 36 par. 1 of R.A. 3844 specifically states that "That the
    agricultural lessee shall be entitled to disturbance compensation equivalent to five
    years rental on his landholding in addition to his rights under Sections twenty-five
    and thirty-four, except when the land owned and leased by the agricultural lessor,
    is not more than five hectares, in which case instead of disturbance compensation
    the lessee may be entitled to an advanced notice of at least one agricultural year
    before ejectment proceedings are filed against him". We firmly believed as
    evidenced by the land title that the land leased and owned by us is not more than 5
    hectares but instead is 3.4484 hectares.

    3. On the matter of the rentals, we shall coordinate with the lessee when
    shall we collect the accumulated rentals of the past 3 years.

    4. We shall exercise every right vested upon us by the law for the enjoyment,
    possession and free disposal of the latter subject.

    5. As to the purchase price of the property pertaining our offer to the lessee
    to buy the property, we as owners are still firm with the amount as per fair market
    value.

    6. Furthermore, as the owners of the said property any negotiations as to the


    matter of purchasing the latter shall be held in our place of residence in Antipolo,
    Rizal.

    7. This letter shall also serve as an Ejectment notice in accordance with Sec.
    36 par. 1 of R.A. 3844.

    Respectfully yours,
    Carmencita Abad Escusa
    Antipolo City

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