Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

urgent po ! kakasuhan po ako dahil sa verbal agreement

View previous topic View next topic Go down  Message [Page 1 of 1]

roan3105


Arresto Menor
I just need a legal advice on what to do. I haven't consulted our company lawyer coz i don't want my boss to know it or else i'll get fired. (not sure).

The case:

Last November 16, 2012 i moved to a new office and apartment w/c is in the same building. the lessor didn't have a contract when I paid her 1 month advance and 1 month deposit (Nov. 12) and it was all a verbal agreement. She said that her consultant will draft the contract soon and it is renewable every year. She gave me a receipt which is not even an official receipt. Dec. 12 i paid her again for Dec. 12-Jan.12. I didn't made a follow up for the contract coz i was too busy that time. I told her consultant to email it to me so I can review it. But I didn't receive it till i decided to move out again (jan5,2013)

Reason why I'm going to move out:
1. No showeroom, I didnt check before I paid her coz i thought it has.
2. My Staff and 25 meter readers loiters most of the time and her husband hates it
3. We agreed to have the aircon in my room remove but retain the one in the office, however they said they will removed the one in the office too (that was last december) which pissed me off and made me decide to move out.
4. I told them that we gonna handle electricity consumers complaints and we cant control people going up the premise coz its also their house.
5. Our clients main business is providing electricity and the lessor got caught stealing electricity (jumper)3x and if they'll be caught again our company will be in trouble coz were already there and we didn't report/notice what were they doing,

When I got back from a long vacation I talked to them that we gonna moved out. The Lessor got mad. and she said she prioritized us than other lessee's and now were moving out abruptly. Marami daw siya client na gusto mag lease pero dahil nandun kami hindi nya tinanggap. I told her all 4 reasons except the #5 kasi po ayaw ko sila mahurt kasi naging mabait naman po sila sa akin. Now they said they gonna take legal action against me coz the contract that i made between them is valid even if its verbal. Can i just say. "You accepted the payment and didn't even mention about 1 year contract." Can I sue her aswell for not giving me an official receipt. Valid din po ba ung verbal contract na yun eh yung receipt naman po eh ung resibo na nabibili sa recto.

Sana po matulungan nyo ako.

Salamat po

Dianne

View user profile

roan3105


Arresto Menor
please po talagang kailangan ko lang po ng tulong nyo

View user profile

roan3105


Arresto Menor
pasuyo po Sad

View user profile

roan3105


Arresto Menor
please po talga 2 araw na akong walang tulog po dahil dito.

View user profile

tsi ming choi


Reclusion Perpetua
To simpify, the issues presented are:

A. whether or not the verbal agreement is a valid contract?

Yes. a contract is still valid and the same need not necessarily reduce into writing, an oral or verbal agreement is itself a valid contract, so long as it complies the requisites of a contract, namely,

1. Consent of the contracting parties (lessor and lessee agrees),
2. Object of the contract ( Leased property) ,
3.Cause or consideration (Money)

Since these requisites are present in your case, then there is a valid and binding lease contract although it is done orally.

B. Does it necesarily to issue an Official receipt?

1st Opinion:

Not necessarily, a temporary receipt or any ordinary paper is enough. The purpose of a receipt is to prove that youve done your obligation to pay the rents, it is more on evidence. To disregard the same will eventually put you in a harms way. (Look, if you dishonor that ordinary receipt, what is your best evidence that youve paid your monthly rental?)

Official receipts are necessary only for tax purposes.

2nd Opinion:

Yes, As per mandate by the BIR, the lessor is obliged to issue an Official Receipt, failure to do so is a violation under National Internal Revenue Code. (you can used this reasoning)

** Just choose between the 2 OPPOSITE opinions **

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum