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BRIDGE OF CONTRACT

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1 BRIDGE OF CONTRACT on Sat Aug 15, 2015 12:03 pm

Ayon sa seller, nagkaron siya ng record sa pag inquire nya sa pagtatanong ng pagpapalipat sa pangalan namin don sa canada at di nya na mababawi un. Gusto nya na ibalik na lang ang pera kung pano namin binayaran ang bahay for 4 years (400,000.00) at babawasan pa ito ng rent na 3000. Di kami pumayag sa gusto nya. Ano ang action na dapat gawin? Pano kong di siya makuha sa mabuting usapan? May laban ba kami kamag ikinaso namin ito kahit ang hawak namin ay rent to own contract na walang notaryo pero pirmado nila?

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2 Re: BRIDGE OF CONTRACT on Sat Aug 15, 2015 4:30 pm

Lunkan


Reclusion Perpetua
What does the contract say?
How come he stand as owner still, if you paid it 4 years ago? Didn't you get a document back then confirming you have bought it?

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3 Re: BRIDGE OF CONTRACT on Sat Aug 15, 2015 7:27 pm

Nakasaad sa rent to own contract na babayaran namin ang property within 5 years pero ayaw nila paabutin ng ganong katagal. Nakalagay sa kontrata na kapag nabayaran ang full amount ay ibibigay ang titulo. Ang payment ay idideposit sa account ng sister nya tulad ng nakalagay sa contract.Ang pinanghahawakan lang namin ay copy ng rent to own contract at ang mga deposit slip ng mga payment everytime na nagbabayad kami monthly, nakafile lahat.

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4 Re: BRIDGE OF CONTRACT on Sat Aug 15, 2015 7:27 pm

Nakasaad sa rent to own contract na babayaran namin ang property within 5 years pero ayaw nila paabutin ng ganong katagal. Nakalagay sa kontrata na kapag nabayaran ang full amount ay ibibigay ang titulo. Ang payment ay idideposit sa account ng sister nya tulad ng nakalagay sa contract.Ang pinanghahawakan lang namin ay copy ng rent to own contract at ang mga deposit slip ng mga payment everytime na nagbabayad kami monthly, nakafile lahat.

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5 Re: BRIDGE OF CONTRACT on Sun Aug 16, 2015 2:16 am

Lunkan


Reclusion Perpetua
Do you mean you HAVE the contract, which say it's a rent-to-buy deal?
If so. you just need to refer to that contract.
What do the other say about that?

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6 Re: BRIDGE OF CONTRACT on Sun Aug 16, 2015 9:09 am

Yes, we have the rent to own contract signed by them. We ask the orig title and absolute deed of sale to them but she told us she is will be the one to process the transfer of title there in canada, yet there is a Phil Consule. She informed us the computation and amount in philippine peso is 173,500.00 but then I started also inquiring here in cityhall-assessor ofc. A big difference, assessor ofc computation is only 86,000.00 that's why my husband and I decided to process the transfer here in the phil. We ask them to send to us the documents like original title and deed of sale and we are the one will do the transfer but she told us that the when she inquires that property is recorded as foreign property and she cannot take it off. They decided to return our money. Returning our money in the way that we paid the property and less 3,000.00 for our rent, she says. That's a big "NO" to us.

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7 Re: BRIDGE OF CONTRACT on Mon Aug 17, 2015 2:35 am

Lunkan


Reclusion Perpetua
Because you don't agree, that's breaking the contract.
It's hard to get demands from them, because they are in Canada,
BUT the property is in Philippines Smile

I don't know if it's possible in Philippines, but at least it's possible to question in court who the property belong to, Try to BLOCK their possibility to sell the property by get a NOTE in the register that YOU claim the property. Perhaps someone here know better how. If not, then you can ask the property register, and the baranggay Captain.

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8 Re: BRIDGE OF CONTRACT on Mon Aug 17, 2015 8:08 am

Sad to say, until now they are not answering our email. Kapag nilaban namin sa kaso may habol ba kami?First, di sila tumupad sa usapan na nakasaad sa rent to own contract na once nafully paid ibibigay nila ang title. Second, gusto nila ibalik ang pera sa kung paano kami nagbayad at may 3,000.00 na less for rent daw namin. Ano ang the best na gagawin namin laban sa kanila?

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9 Re: BRIDGE OF CONTRACT on Mon Aug 17, 2015 9:22 am

isellnuts


Arresto Menor
elmaperez1980@yahoo.com wrote:Ayon sa seller, nagkaron siya ng record sa pag inquire nya sa pagtatanong ng pagpapalipat sa pangalan namin don sa canada at di nya na mababawi un. Gusto nya na ibalik na lang ang pera kung pano namin binayaran ang bahay for 4 years (400,000.00) at babawasan pa ito ng rent na 3000. Di kami pumayag sa gusto nya. Ano ang action na dapat gawin? Pano kong di siya makuha sa mabuting usapan? May laban ba kami kamag ikinaso namin ito kahit ang hawak namin ay rent to own contract na walang notaryo pero pirmado nila?


@elmaperez,

Please read and understand carefully an article copy/pasted from The Manila Times dated June 17, 2014 by Atty Persida Acosta of the Public Attornney's Office.

Your case is similar in nature to this one and Atty Acosta expounded the subject of contract/s.

I suggest consult a lawyer regarding your case to be further enlightened.

Contracts that need notarization
June 17, 2014 9:16 pm
by Persida Acosta

Dear PAO,
I entered into an agreement with a friend regarding the sale of his Nike shoe collection. He sold it for a considerable amount of money, but seeing that it was a good deal, we shook hands on it and put it in writing. I signed the piece of paper, and he gave me a photocopy. We did not notarize the paper. A few days later, I found out that he sold his shoe collection to another buyer. When I confronted him about this, he said that I can’t sue him over our contract, because we did not notarize it, therefore it was not a contract. Is it true that a contract has to be notarized for it to be valid and binding?
Lois


Dear Lois,
A contract is defined by Article 1305 of the Civil Code as “a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.” As long as there is an agreement or a meeting of minds regarding the obligation to give something or to render service, the law considers it as a contract. In order for the contract to be valid, it must be made with the consent of the contracting parties, there must be an object that is the subject of the contract, and a cause of the obligation (Article 1318, Civil Code). As long as the elements of consent, subject and cause are present, contracts are valid in whatever form they take. This means that contracts may either be verbal or written.
However, our law provides that, “[w]hen the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is absolute and indispensable” (Article 1356, Civil Code). Article 1358 enumerates the contracts that have to be set down in a public document. It states:

“Article 1358. The following must appear in a public document:

(1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein are governed by Articles 1403, No. 2, and 1405;

(2)    The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;

(3)    The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person;

(4)    The cession of actions or rights proceeding from an act appearing in a public document.

All other contracts where the amount involved exceeds Five hundred pesos must appear in writing, even a private one. But sales of goods, chattels or things in action are governed by Articles 1403, No. 2 and 1405. (128a)”

Notarization converts a private document into a public document (Vda. de Rosales vs. Ramos, A.C. No. 5645, July 2, 2002). Thus, in order for contracts enumerated in Article 1358 to be valid, they may be notarized. However, since the contract with your friend is merely a sale of shoes, which are movable property, then you do not need to have your contract notarized.

We hope that we were able to answer your query. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

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10 Re: BRIDGE OF CONTRACT on Mon Aug 17, 2015 5:18 pm

Lunkan


Reclusion Perpetua
I suppouse notarisation and REGISTER deals involving property are to prorect THIRD party (=if they try to sell to other)
and make it easier to prove if it become a vourt case.
elmaperez1980@yahoo.com wrote:Ano ang the best na gagawin namin laban sa kanila?
1. Try to BLOCK in the register so they can't sell.
2. Prepare to file an estafa. I don't know if your type of case have to go to the baranggay captain before it can go to court, but I suggest you go there anyway, because perhaps he give you useable advice (and perhaps even judge in the case, but I don't believe so.)
Then file an estafa. (Tell the other part FIRST. Perhaps they give up then.)
If they try to sell anyway, it can become a FRAUD case. Then they risk to be taken by police when they go home to visit the Philippines...

You better HURRY make precoursions so they CAN'T SELL. (=Third party can see in the register it's claimed by you. Then third party can't claim they didn't know.)
When their sell possibility is blocked, then you aren't in a hurry, because you have to access to the property allready anyway Smile And property tax demands will go to THEM Very Happy But you will probably end up needing to pay the property tax anyway, because such depts need to be settled before transfer of owner document are approved by the government.
Have you paid WHOLE and can prove it?
If you can prove you have told them to transfer the documents, I would stop paying them any rent. Then you can live there for free Very Happy (But as I wrote, you will probably end up paying the property taxes anyway WITH their punishment fee, so you can think of if you want to REGISTER you are the propert tax payer and start paying the property tax. I don't know what type of ownership your property have, but for SOME property types paying tax for the property long time can become enough to get the owner documents transfered to you later. (But then we are talking about at least 10 years.)

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11 Re: BRIDGE OF CONTRACT on Tue Aug 18, 2015 9:23 am

Wala pa din sila sagot, kailangan pa ba namin antayin ang sagot nila sa email namin?( nainform namin sila na di kami papayag sa gusto nilang mangyari sa pagsuli ng pera at babawasan pa ng 3,000.00 as rent). Do we need to follow up them?

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12 Re: BRIDGE OF CONTRACT on Tue Aug 18, 2015 3:17 pm

Lunkan


Reclusion Perpetua
elmaperez1980@yahoo.com wrote:Wala pa din sila sagot, kailangan pa ba namin antayin ang sagot nila sa email namin?( nainform namin sila na di kami papayag sa gusto nilang mangyari sa pagsuli ng pera at babawasan pa ng 3,000.00 as rent). Do we need to follow up them?
I don't understand Tagalog godd, so I'm not sure I understood what you mean.
/You need to hurry make so they can't sell to anyone else. =Try to get note in the register you claim it isn't theirs.
/You don't need to wait for their email answer. Best AFTER you have blocked in the register, but BEFORE you file an estafa, you can mail them you will file an estafa against them if they don't transfer the property to you. Then you can wait a SHORT while - 1 - 2 weeks - to give them chance to answer, because it's much harder to solve things through court, so better for them too, if they solve it to avoid they will risk jail... So it can be worth waiting a short time to give them chance to answer THAT mail. DON'T tell them what you have done to block, just tell them you have blocked so they can't sell, and will file an estafa against them, if they don't give you the needed documents soon.

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13 Re: BRIDGE OF CONTRACT on Tue Aug 18, 2015 5:53 pm

I went to barangay this afternoon and they told us to go to attorney for further information. Thank you very much for your help. . . God bless Smile

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14 Re: BRIDGE OF CONTRACT on Wed Aug 19, 2015 2:56 am

Lunkan


Reclusion Perpetua
You are welcome.

Make sure the attorney HURRY to make the BLOCK, so the property can't be sold to anyone else without they know it's yours.
Still try the email telling you will file an estafa, if they don't transfer the documents soon. It's risk an attorney want to jump direct to file the estafa, because the attorney earn more by that Smile while it's better for YOU if it can be solved WITHOUT going to court Court cases takes years normaly...

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15 Re: BRIDGE OF CONTRACT Today at 2:02 am

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