Introduction

In the Philippines, the Home Development Mutual Fund (Pag-IBIG Fund) plays a pivotal role in housing finance, often acquiring properties through foreclosure when borrowers default on loans. These acquired assets may include "extra lots"—additional parcels of land that are either contiguous to the main property, inadvertently included in the foreclosure, or discovered post-acquisition due to boundary discrepancies. Surveying such lots is essential to establish accurate boundaries, ownership, and land classification, while evicting unauthorized occupants requires adherence to strict legal protocols to uphold property rights and due process.

This article provides a comprehensive overview of the processes involved in surveying and evicting occupants from extra lots in Pag-IBIG acquired properties. It draws on relevant Philippine laws, including the Civil Code, Property Registration Decree (Presidential Decree No. 1529), Republic Act No. 7279 (Urban Development and Housing Act of 1992), and jurisprudence from the Supreme Court. The discussion emphasizes procedural steps, legal requirements, potential challenges, and best practices, ensuring compliance with constitutional guarantees against arbitrary deprivation of property.

Understanding Pag-IBIG Acquired Properties and Extra Lots

Pag-IBIG acquired properties are assets foreclosed under Republic Act No. 9679 (Pag-IBIG Fund Law of 2009), which empowers the fund to manage and dispose of such assets to recover loans. An "extra lot" typically refers to surplus land beyond the originally mortgaged area, which may arise from:

Boundary Errors: Inaccuracies in the original title or survey plan.
Adverse Possession Claims: Long-term occupation by third parties leading to potential ownership disputes.
Subdivision Issues: Lots divided or merged without proper registration.
Informal Settlements: Unauthorized structures built by squatters or informal settlers.

Under Article 428 of the Civil Code, the owner (in this case, Pag-IBIG as the acquirer) has the right to possess, use, and dispose of the property. However, extra lots must be verified through surveying to confirm inclusion in the title, as unregistered or untitled lands may fall under public domain per the Regalian Doctrine (Article XII, Section 2 of the 1987 Constitution).

The Surveying Process: Establishing Boundaries and Ownership

Surveying is a prerequisite for any legal action involving land, including eviction, as it provides evidentiary support for property claims. The process is governed by the Manual for Land Surveys in the Philippines (issued by the Department of Environment and Natural Resources or DENR) and PD 1529.

Legal Basis for Surveying

PD 1529 (Property Registration Decree): Requires surveys for title registration, amendment, or correction.
DENR Administrative Orders: Such as DAO 2007-29, which standardizes survey procedures.
Republic Act No. 8560 (Geodetic Engineering Law): Mandates that only licensed geodetic engineers conduct surveys.

Step-by-Step Procedure for Surveying an Extra Lot

Verification of Title and Records: Obtain certified copies of the Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT) from the Registry of Deeds (RD). Check for annotations, liens, or adverse claims. For Pag-IBIG properties, request the fund's asset management department for internal records.
Engage a Licensed Geodetic Engineer: Hire a professional accredited by the Professional Regulation Commission (PRC). The engineer will conduct a relocation survey to verify boundaries using GPS, total stations, or traditional methods.
File for Survey Authority: Submit an application to the DENR's Land Management Bureau (LMB) or the regional Lands Management Services (LMS). Include:
- Sworn application form.
- Copy of the title.
- Proof of ownership (e.g., Pag-IBIG's deed of absolute sale from foreclosure).
- Payment of fees (approximately PHP 5,000–10,000, varying by lot size).
Conduct the Field Survey: The engineer marks boundaries with monuments (e.g., concrete markers). Neighbors must be notified via publication or personal service to avoid disputes. If the extra lot is untitled, apply for a free patent under Commonwealth Act No. 141 (Public Land Act).
Approval and Registration: Submit the survey plan to DENR for approval. Once approved, file for title amendment or segregation at the RD. This may involve a petition for correction of title under Section 108 of PD 1529 if errors are found.
Timeline and Costs: The process typically takes 3–6 months, depending on disputes. Costs include engineer fees (PHP 20,000–50,000), DENR fees, and publication costs (PHP 5,000+).

Common Challenges in Surveying

Boundary Disputes: Adjacent owners may contest boundaries, leading to cadastral cases in court.
Environmental Restrictions: If the lot is classified as forestland or protected area under Republic Act No. 7586 (NIPAS Act), surveying may require clearance from DENR.
Informal Occupants: Surveyors may face resistance; secure police assistance if needed.

Accurate surveying strengthens Pag-IBIG's claim, facilitating subsequent eviction or sale.

The Eviction Process: Removing Unauthorized Occupants

Eviction from extra lots in Pag-IBIG properties must comply with due process (Article III, Section 1 of the Constitution) and humane relocation standards, especially for underprivileged occupants under RA 7279.

Legal Basis for Eviction

Civil Code (Articles 428–433): Owner's right to recover possession.
RA 7279 (UDHA): Regulates demolition and eviction of informal settlers, requiring relocation and 30-day notice.
Rules of Court (Rule 70): Governs unlawful detainer and forcible entry cases.
Republic Act No. 8974 (Acquisition of Right-of-Way Act): Applicable if the lot is for public use, but generally not for Pag-IBIG private assets.
Jurisprudence: Cases like City of Manila v. Laguio (G.R. No. 118127) emphasize fair procedures.

Note: The Anti-Squatting Law (PD 772) was repealed by RA 8368, shifting focus to civil remedies rather than criminal penalties.

Classification of Occupants

Squatters/Informal Settlers: Unauthorized entrants without lease or permission.
Tenants or Lessees: Those with prior agreements, requiring different ejection procedures.
Adverse Claimants: Long-term possessors (30+ years) may claim ownership via acquisitive prescription (Article 1113, Civil Code).

Step-by-Step Eviction Procedure

Demand to Vacate: Issue a written notice to occupants, demanding vacation within 15–30 days. For UDHA-covered settlers, coordinate with the local government unit (LGU) for census and tagging.
Barangay Conciliation: File a complaint at the barangay level under the Katarungang Pambarangay Law (PD 1508). If no settlement, obtain a Certificate to File Action.
File Ejectment Case: Lodge a complaint for unlawful detainer (if possession was initially lawful but became illegal) or forcible entry (if entry was unlawful) in the Municipal Trial Court (MTC). Requirements:
- Verified complaint.
- Proof of ownership (surveyed title).
- Affidavits and evidence of demand.
- Filing fees (PHP 2,000–5,000).
Court Proceedings: The court issues a summons. If defendants fail to answer, judgment may be rendered in favor of the plaintiff. Hearings focus on possession, not ownership.
Writ of Execution and Demolition: Upon favorable judgment, request a writ of execution. For demolitions under RA 7279:
- Provide 30-day notice.
- Offer relocation (e.g., to Pag-IBIG housing projects or LGU sites).
- Secure a demolition permit from the LGU.
- Involve the Philippine National Police (PNP) for enforcement.
Appeal Process: Defendants may appeal to the Regional Trial Court (RTC), Court of Appeals, or Supreme Court, potentially delaying eviction by 6–12 months.

Special Considerations for Pag-IBIG Properties

Pag-IBIG's Role: As owner, Pag-IBIG can authorize agents or lawyers to handle eviction. For acquired assets, they often outsource to accredited law firms.
Relocation Obligations: If occupants qualify as "professional squatters" under RA 7279, relocation is not mandatory, but humane treatment is required.
Costs and Timelines: Legal fees range from PHP 50,000–200,000; process takes 6–18 months.
Human Rights Aspects: Avoid violence; comply with UN guidelines on forced evictions if international scrutiny arises.

Potential Defenses and Complications

Prescription or Laches: Occupants may argue long possession bars eviction.
Agrarian Reform: If the lot is agricultural, check CARP (RA 6657) coverage.
COVID-19 Moratoriums: Past Bayanihan Acts suspended evictions; verify current status.
Environmental or Cultural Sites: Extra lots with heritage value require clearance from the National Commission for Culture and the Arts (NCCA).

Integration of Surveying and Eviction

Surveying often precedes eviction, as it provides the metes and bounds evidence needed in court. If occupants dispute the survey, a separate action for quieting of title (Article 476, Civil Code) may be filed in RTC.

Best Practices and Recommendations

Consult Legal Experts: Engage lawyers specializing in property law and Pag-IBIG procedures.
Documentation: Maintain records of all notices, surveys, and communications.
Alternative Dispute Resolution: Explore buyouts or relocation agreements to avoid litigation.
Preventive Measures: For future acquisitions, Pag-IBIG should conduct pre-foreclosure surveys.

Conclusion

Surveying and evicting occupants from extra lots in Pag-IBIG acquired properties demand meticulous adherence to Philippine laws to balance property rights with social justice. By following these procedures, owners can reclaim assets efficiently while minimizing legal risks. Stakeholders are encouraged to stay updated on amendments to relevant statutes for ongoing compliance.