I am a landowner. In 2010, I entered ito a Contract of Conditional Sale with a Foundation. The subject lot is10,000 sqm more or less. The Contract said the Foundation needed a property for the housing of its members. The payment period is 36 months in equal monthly installments. It also stipulated that after the initial payment the Foundation could start land development and upon subsequent payment, it can put up structure or a smalll office. Further, Contract said, lot buyers could build houses thereon. After two months the Foundation defaulted in payments. To cut the story short, I hired the services of a lawyer to demand payments or else, I would take the Buyer to court. Buyer made a compromise agreement with me to vacate the premises and return the lot to me on the condition that I honor the contract with the six lot buyers who were already occupants of their lots. Meaning, I would credit their payments and that the six could just continue paying the installments according to the contract with the Foundation.
Everything went smoothly until two of the occupants reneged on their monthly payments and incurred big arrears. Later, they demanded that I refund them their payments and that they would vacate their lots. I then computed the payments they gave for the years they stayed as rent and proposed to refund only the difference. They refused the proposal and demanded full refund. When I pressed them for payment, they instead filed with the HLURB a case against me for selling without license to sell.
Ang tanong ko ay may merit ba ang case nila? Alam ko matatalo ako sa kaso sa HLURB kasi noong nagharap kami sa arbiter for conciliation binully ako ng arbiter. Parang hindi conciliation kundi parang lawyer siya ng dalawa. Parang ang tingin ko may payoff na involve sakaling dumating sa settlement ang kaso kung hindi ako mag-appeal.
Please give me your opinion.