Letter Illegal Conversion Answer
Uploaded by
ronald ramosLetter Illegal Conversion Answer
Uploaded by
ronald ramosDate: ________________
The Brgy. Captain / BARC Chairman
Brgy. Captain / BARC Chairperson:
With regard to the letter-complaint filed by the Heirs of Yada-yada (the
Complainants), may I respectfully submit this letter and the statements contained
herein as my answer, to wit:
1. That the property subject of the complaint is identified as Lot 1234, Psd-
12345 situated at Brgy. Tyler, Daet, Camarines Norte containing an area of
one thousand (1,000) square meters, more or less, and covered by Transfer
Certificate of Title No. T-123456;
2. That I, the herein respondent and undersigned ALICE DEE YAN, represented
by my mother HALLEY KUH JOHN by virtue of a General Power of Attorney
herein attached, am now the owner of said property as evidenced by its
certificate of title and the corresponding tax declaration, having acquired the
same from its previous owner XXXXXXXXX;
3. That the complainants filed the complaint based on their concern that the
adjacent properties which they purportedly own would be affected by the
illegal conversion alleged being done in my property;
4. That however, except for A yada-yada and B yada yada under the assumption
that they are the same persons as AA yada-yada and BB yada yada, the tax
declaration records of the Office of the Provincial Assessor would prove that
the complainants are not even the declared owners of the adjacent
properties of the land in question, and hence, failing to prove their interests,
have no legal standing to file the complaint. (Attached hereto are the original
copies of the Tax Declaration of the properties adjacent to the land owned by
the Respondent allegedly owned by the Complainants, issued by the Office of
the Provincial Assessor);
5. That assuming but not admitting that the Complainants are the real owners
and parties-in-interest in this case, they however have failed to adduce any
evidence of any injury or damages caused by the alleged illegal conversion in
my property;
6. That on the other hand but still under the same assumption, an ocular
inspection of the adjacent properties allegedly owned by the complainants
would undoubtedly prove that they are the ones committing the
consummated crime of illegal conversion on their properties as they have
already constructed several concrete residential buildings thereon while as
per the tax declarations, the same are still declared irrigated ricelands by
actual use, in clear violation of the existing agrarian laws.
7. That with respect to the unfounded allegations hurled by the complainants
against the herein undersigned regarding the illegal conversion of my
property, the same are mere accusations only and have no basis in law for
the following reasons:
1
a. That there is no showing of intent to avoid the application of the
existing agrarian laws as even before the filing of the complaint by the
herein complainants, I have already initiated before the concerned
government agencies my application for the conversion and/or
reclassification of the property;
b. That there is no tenant in the property to be affected or displaced in
my application for conversion/reclassification; and lastly,
c. That illegal conversion cannot be said to have been committed
because long before my acquisition of the property, the same has
already became idle, unproductive, and not suitable for farming or
agrarian use anymore. Such fact is supported by the certification
coming from the Barangay Captain of Brgy. Tyler, Daet, Camarines
Norte, a copy of which is hereto attached;
Wherefore, for and in consideration of the foregoing premises, it is most
respectfully prayed that the complaint of illegal conversion filed against the herein
undersigned by the above-named complainants before the Barangay
Council/Government of Tyler, Daet, Camarines Norte be dismissed in the highest
interest of justice and equity.
Respectfully yours,
ALICE DEE YAN
Landowner
Represented by:
XXXXXXXXXXXXXXXXXXX
Attorney-in-Fact
Pili, Camarines Sur
