Heirs take over dead parent’s debt payments

Heirs take over dead parent’s debt payments "My father was paying at the Marikina City Hall for us to own a land. My father already died. I would like to know if there is a law which states that the right over the land is transferred to my father’s heirs without paying for anything at the City Hall? Richell 1Dear Richell 1, You have stated in your problem that your father was paying at the Marikina City Hall for land acquisition, which to our mind, is under the social housing program of the government under Republic Act (R.A.) No. 7279, entitled “An Act to Provide for the Comprehensive and Continuing Urban Development and Housing Program, Establish the Mechanism for its Implementation, and for other Purposes”, or otherwise known as “Urban Development and Housing Act of 1992”. Under the aforesaid law, informal settlers, slum dwellers or residents of blighted areas shall have an opportunity to purchase, through their duly registered community associations, the land they occupy or the land where they will be relocated (Section 2, Section 33, R.A. 7279). These associations then apply for a loan to the government’s National Housing Mortgage and Finance Corporation (NHFMC) under a Community Mortgage Program (CMP). CMP is a mortgage financing program of the NHFMC which assists legally organized associations of underprivileged and homeless citizens to purchase and develop a tract of land under the concept of community ownership. The primary objective of the program is to assist residents of blighted or depressed areas to own the lots they occupy, or where they choose to relocate to, and eventually improve their neighborhood and homes to the extent of their affordability (Section 31, R.A. 7279).To qualify for the socialized housing program, a beneficiary: (a) must be a Filipino citizen (b) must be an underprivileged and homeless citizen (c) must not own any real property whether in the urban or rural areas and (d) must not be a professional squatter or a member of squatting syndicates. Each application must be supported by a Non-Government Organization (NGO) unit or a local government or national housing agency which shall take responsibility in ensuring that documentation is in order and monthly repayments are made. Based on the foregoing, your father must have been qualified under the law to be a beneficiary because he was paying for his contribution at the City Hall. However, his death shall not automatically grant his heir full ownership of the land for which payment is made nor shall it consider the debt as fully paid. Under R.A. No. 7279, in the event the beneficiary dies before full ownership of the land is vested on him, transfer to his heirs shall take place only upon their assumption of his outstanding obligations. In case of failure by the heirs to assume such obligations, the land shall revert to the Government for disposition in accordance with this Act (Section 14, R.A 7279). Thus, you and the other heirs shall have the opportunity to substitute your father in the acquisition of land under R.A. No. 7279 only if you would assume the obligation to pay at the Marikina City Hall.We hope that we were able to address your concern. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/