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TOPIC: Cancellation of Lot Sale

Tenants Fail to Comply Barangay Agreement 5 years 11 months ago #6169

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Good evening Atty. Libayan.

I would like to ask another issue today.
When my father was still alive, a couple approached him and begged that they be allowed to use part of our land. They promised to rent it, but paid incompletely. It has been more than a decade since they have lived on that lot. When my father died, my mom tried to collect the rent, but the husband would threaten that he would slap my mom if she ever came back. My sister and I were still minors when those things happened. On June 2013, we summoned them and we asked if they wish to buy the lot na lang and they agreed. They paid PHP 9,000.00 for a start and then they were supposed to have paid the 50% of the total price at the end of August. They signed the Agreement at the Barangay. However, the were not able to comply this 50% pay because their son who is abroad has not sent them any money yet. It's September already. What do you advise we do.


Thank you so much for sharing your time and knowledge, Atty.

More power to your service.
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Tenants Fail to Comply Barangay Agreement 5 years 11 months ago #6206

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You can ask them to vacate the property through an ejectment case or you can file a case in court for specific performance.
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Tenants Fail to Comply Barangay Agreement 5 years 11 months ago #6209

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Thank you very much Atty.
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Before we couldn't file any case yet because my mother was terribly sick.
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In the past, the were told the same regarding ejectment. And this couple said that they were not afraid of such because of the Urban Poor lawyer.
Ano po laban nila? Mapapasakanila po ba ang lot kunsakali?
Can we return their PHP 9000 advance pay (part of the 50%)?
If we want to file an ejectment case, do we have to go to the Barangay first or directly to the Court?
Which Court? Municipal? Regional? How long does it usually take? When is there a participation of the Sheriff?
By the way, the Sheriff of the RTC and the couple are close friends being members of an organization in the Catholic church.
Can the couple demand for the price of their house or not? What is the process of paying them their house?
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Another issue which I would like ask about po is the Entry of Final Judgment. We were issued a JUDGMENT based on Compromise Agreement. When can we ask a copy of this Entry of Judgment? Is it true that after the Judgment has been made, the entry is automatically done (entered in the book) if there is no appeal after 15 days (from the day of entry).

Please enlighten me on these matters once again. Thank you so much po. More power to your program.

Gratefully yours
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Tenants Fail to Comply Barangay Agreement 5 years 11 months ago #6217

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Go to the Barangay po.

Ejectment is in the MeTC, MTC. Do not worry about the court proceedings, the lawyer will take care of that.
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Cancellation of Lot Sale 5 years 11 months ago #6222

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Thank you so much, Atty. Libayan.
Happy weekend po sa inyo.

Gratefully yours,
Grace
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Cancellation of Lot Sale 5 years 11 months ago #6291

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You are welcome.
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Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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