By: Atty. Jim Narvios
As December arrives, it has me thinking of the joyful Holidays celebrated by millions of Filipino Americans. This time is often special because it is an opportunity to take a vacation back home to the Philippines during the Christmas. With the many Filipino Americans traveling this season, I would like to share a common dilemma that is leaving hearts broken daily and has so many Fil-Ams asking, “WHAT HAPPENED TO MY LAND?!”
Imagine the land that your family handed down to you. This place is filled with wonderful memories, pride, rich family history, sentimental value, and has grown to be of an incredible monetary value. This is where you grew up, lived life, and felt safe with. Your family. Eventually after college, you were the only one in the family that had an opportunity to go to America. So, this is where you left the familiar motherland and entrusted your family to take care of all the necessary affairs while you were gone. Afterall, they are family, and you grew up with them. That means you can trust them … right?
Let’s face it, the struggle is real when you first came to America. You spent your nights lonely, having to work at an entry level job, faced discrimination, and you persevered through these sacrifices for a better future. After several years, things got easier, and you began to sustain to your newfound life in America. After every paycheck, you sent money back home to help your family back home and you dreamt of the first opportunity you had to go back to visit.
Several Years later, that day finally arrived! You packed all your excitement with your pasalubong overflowing the balikbayan boxes. You could not wait to see all the relatives and friends you love and revisit the place that you call home. In fact, you hardly slept on the plane as you awaited this highly anticipated trip.
THEN YOU ARRIVE BACK HOME. Here is where the story turns your uncontrollable excitement into unfortunate disappointment.
You are met with complaints about your pasalubong, jealous looks disguised with smiles, and you can’t help but feel the awkward feeling in your intuition that tells you… that something is not right. Additionally, many of them were nowhere to be found and seemingly are avoiding you. Upon arrival, you were expecting to go to the family home that you grew up in and instead you were being distracted with the many people that wanted you to take them out to eat. Overwhelmed with the cultural expectations, you decided to take a break and take a taxi to your family land. After 20 minutes you arrive to a familiar place that you once called home. You watch the taxi meter stop and hand the driver his fee. To your surprise… in replacement of the home you once knew was a Gaisano Metro Store and several retail shops. In your frantic frustration, you immediately approached the manager of the store and demanded answers. The manager explains to you that several years ago, the land had been sold to a Developer from China and thus, the new establishments in the area were constructed. As your heart beats faster, you try your absolute best to control your emotions, but the devastation of betrayal was uncontrollable as you realized…
THE LAND HAD BEEN SOLD WITHOUT YOUR PERMISSION.
Filipino Americans often grapple with the heartbreaking reality of losing ancestral land and the following are the typical scenarios that cause these issues:
GOVERNMENT TAKING LAND
It is very important to make sure that the affair of your property is maintained, and taxes are paid on time. Many have found out the hard way that their land had been sold for very low after facing foreclosure because of unpaid taxes and not keeping up with the property’s affairs.
SQUATTER PROBLEM
Squatters are people who do not have their own homes, so they build them on other people's land, even if it's not theirs. This is causing a big problem for Filipino families living in the U.S. because when they go back to visit their property, they find other people living there. Communication, proactive and immediate action after discovering Squatters is important to avoid a big headache or even worst, losing your land to adverse possession!
FAMILY BETRAYAL
Compounding this struggle is the unfortunate occurrence of intra-familial disputes. In some cases, family members exploit loopholes in property laws or resort to fraudulent means to claim ownership of land, leaving those living abroad unable to protect their heritage. Sometimes, instead of keeping the family property safe for the whole family, family members are taking the property for themselves through illegal and fraudulent means. Imagine someone you trusted your life with, someone you were sending money to help their own family betray you by selling the property and keeping the profits for themselves.
FIXING THE PROBLEM
The best way to resolve this problem is to put the fire out before it starts. Foundation is important and documentation is even more important. At our law firm, we have served many Filipino Americans with their land issues by assisting in the proper documentation and resources to decrease the chances of this devastating situation from happening to them. Remember COMMUNICATION is the foundational key that will provide a mutual understanding of everyone’s intention. Until Legislation and laws are changed to prevent such occurrences by implementing strict processes and polices, the damage control must happen face to face, starting from the beginning. If you are having difficulty finding these resources or even starting this conversation, our law firm can help. We believe in bold and unappolgetic approach to mitigate any future heart aches caused by having your land stolen.
To avoid this, you must create a system and process by hiring a neutral 3rd party representative. This system of accountability can be effective in periodically checking the property and implementing the proper steps to remove squatters, create the necessary documents created to protect your property and communicate updates often to ensure your peace of mind. This would ensure an unbiased layer of protection to avoid fraud and self-dealings.
Our properties a big part of who we are, and it is the key to generational wealth. It is ABSOLUTELY IMPORTANT to you to claim your rightful share and have a say in what happens to the properties. Often, the perpetrators will attempt to guilt trip you into giving up and justifying your inactivity, I encourage you: Do not let that happen. It is manipulative and wrong. YOU DESERVE BETTER.
What about YOUR RIGHTS & FEELINGS? What about YOUR FAMILY & CHILDREN?
It’s time to have that conversation and ask: WHAT HAPPENED TO MY LAND?... before its too late. So, there you have it, my kabanayan – the frustrating case of Filipino Americans losing their land in the Philippines and how the Filipino community learned to stand up for what is rightfully theirs and protect their land. Remember, if you avoid difficult conversation, you will eventually have to have an even more difficult one in the future.
Now, let's go and initiate action with urgency, shall we? Up here! Cge! High-five! 🖐️
And finally, before I forget… Say NO to Crab Mentality. Let’s DO BETTER!
SALAMAT PO! – ATTORNEY JIM
Attorney Jimmy and his wife, Attorney Nimmy are attorneys and owner of The Narvios Law Firm: A Civil Litigation & Personal Injury Law Firm committed to the healing and justice of their clients. Take it to the BANK! 713-999-9529 www.NARVIOSLAWFIRM.com
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