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land purchase many issues

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1 land purchase many issues on Sun May 24, 2015 7:18 pm

Roland Tennyson

Arresto Menor
A few years ago while I was still living in the UK and where I ran my business I employed a Filipino outworker in Maasin, Southern Leyte.
When the financial crisis hit UK businesses I had to reduce that lady's working hours and salary. She continued to work for me but sometimes there was little work for her to do so I asked her to prospect (canvas) for a lot so I could build my retirement home there. She did as asked and a price was agreed with the seller. and this is where everything started to go wrong. I asked her to employ a lawyer on my behalf to handle payments etc. The name and bank account of this lawyer turnd out to be her buddy from down the street. I sent all the money for the lot purchase to that bank account but money was going missing - the lot sellers told me they didn't get full payment. It turned out that my employee was getting the money I sent from her friend and only paid part of it over to the lot seller. When I questioned her about it she sent me an apologetic email and promised to pay me back as soon as she had remortgaged her property.  she did remortgage but she didn't repay me back. I had to send more money via a girlfriend to conclude the payment of the lot. the missing money constantly was promised to be repaid but never was. Needless to say I dispensed with her working services and fired her.
As things moved on very slowly I had to make a decision who would be on the title deed as my representative - I didn't trust my employee as she took so much money without permission and still hasn't paid it back (even though I asked a local lawyer to to deal with it - he only got as far as writing to her before he changed careers). I decided to ask my girl friend to be my title deed holder.  I had to do this as I am, as a foreigner, not permitted by law to own property in the Philippines. Anyway, she agreed to do this and promised to only act as my nominee for the title of the lot.
This all was a few years ago and I have since married a lady from NCR  and now live there myself; and I want to transfer the title to my wife. The girl friend is now being awkward and after numerous communications  of agreeing to help with the transfer - now decided that she can claim the lot for herself as it's her name on the deed.
So there are two cases in one: the misappropriation of funds from my ex employee and her friend faking to be a lawyer. And the girl friend who won't transfer the title to my wife. There are many other complication to this case one being that I live in Pasig and the events took place in Southern Leyte and I really can't jump back and forth between the two locations to attend numerous court hearings.
Any Ideas?
Roland Tennyson

Last edited by Roland Tennyson on Sun May 24, 2015 7:19 pm; edited 1 time in total (Reason for editing : typo)

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2 Re: land purchase many issues on Tue May 26, 2015 11:32 am

Philyong Husband

Arresto Menor
you need a real and God-fearing lawyer to work with you. Do not lose hope there are still good people out there.

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3 Re: land purchase many issues on Tue May 26, 2015 12:20 pm


Reclusion Perpetua
what i am seeing here is that.
1. you got a lot of trust - in return got deceived 2 times.
2. for the girlfriend, that turned girl friend, she may be bitter, for you marry another woman, not her( if she was a girlfriend, pardon if otherwise)
3. Please take note, that marrying a Filipina will not entitle you to buy a land, a house or building however will do.
4. you are aware that even a trust(nominee) on the title will not do, so even this will be raised to court, you can not win... so better talk nicely to the girlfriend to transfer the title to your wife.

here is a reference case, the case,appealed to CA, but later reversed by SC.

5. for the employee, you can file staffa vs her, but make sure you got some evidences...

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4 Re: land purchase many issues on Wed May 27, 2015 10:43 am

Roland Tennyson

Arresto Menor
Thank both of you for your responses.

I do believe that the ex g/f has no claim apart from her name on the title. She has no money of her own and I can prove that I paid all the bills. The reason she changed from 'girlfriend' to 'girl friend' was infidelity - and not with only one person, but many!!! She may be bitter but that is her own fault.

I am aware of the case that you have quoted Borromeo vs Descllar and the final outcome keeps my hopes high. As for the ex-employee The ESTAFA seems to be the best route to follow but it does mean multiple trips back and forth (Manila to Leyte).

Thanks again
Philyong Husband and Landowner12

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5 Re: land purchase many issues on Wed May 27, 2015 12:30 pm


Reclusion Perpetua
it that is worth it, then go,
its up to you...

it seems you know very well the philippine law, so just keep all ur evidences...

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6 Re: land purchase many issues on Thu Jun 04, 2015 11:59 am


Arresto Menor
OMG .... and I thought I am dumb

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