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Obligations & Contract case still no decision more than 10 years

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Arresto Menor

I'll just make a brief summary of the case.

Person A - owned property X
Person B - rented property X and put up a store, the term of the contract is 20 years

Person B few years later committed fraud by forging the signature of Person A, in a new agreement (which Person B created), new agreement indicates that the rental has been reduced to x amount, etc, etc.

Person A and family filed a case because Person B would no longer honor the original agreed contract stipulations since Person B was persistent that the new contract is what he will adhere upon.

This is the crux of the matter, the contract still has 10 years left, and now, the lawyer (Person A's lawyer) is suggesting that they will enter into amicable settlement which is as follows:

- Person A's lawyer will ask for 3 months worth of monthly payment as service fee (if Person A family will agree on the amicable settlement)

- Person A's lawyer is asking for 10% of every monthly payment to be paid by Person B

- Person A's lawyer said that he can make Person B execute Post Dated Cheques for the next remaining 10 years.

These new fees that Person A's lawyer is asking is on top of whatever arrangement they have had when they started the case.


1. Will it take this long to resolve an obligation & contract case?
2. Is Person A's lawyer's request reasonable?
3. Would it be good to consult another lawyer on this?
4. Can Person A sell the property in dispute? what will be the repercussions?


Person A already died and the family is pursuing the case
Person B is still delayed in his monthly payments for the property rental
Person A's family is worried that their lawyer seem to be waiving the white flag, the family is against the amicable settlement not just because they have spent so much money already on the case, and also, as a matter of principle that they wanted to finish the case as their promise to their late dad (Person A)

Can you suggest best course of action?

Many thanks for your help

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you are in mediation? a settlement is an opportunity for both sides to win as long as an agreement can be reached.

there are no rules in mediation. 'fairness' is purely subjective based on the appreciation of the parties.

weigh your chances; there is a supposed claim of forgery of a signature. The strongest evidence here would be an analysis by the PNP crime lab or the NBI

as for the lawyer's fees, consider his fees if trial continues and your original agreement. if he took this on with no acceptance fee, it doesn't sound so bad depending on what is the amount of this rental amount.

10 years is reasonable because that is the term of the lease.

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Arresto Menor
Person A's lawyer's suggestion is to enter into mediation and thus, offering those terms for his service. The family however felt disgusted as it seems the past 10 years seems to be heading nowhere, there has been a decision in the court in Person A's favour, but Person B is escalating it to Court of Appeals awaiting decision apparently.

The case was breach of contract apparently, and it's been 10 years since it was filed and yet still can't get a Final decision. Person A's family is willing to go to supreme court if needed, but is this necessary with this type of case?

Person A's family is just having this second thoughts as they are divided as to the real intention of their lawyer as to how the case progress or regress in this case, they have been thinking that since there was a decision already at RTC in their favour and now it's at the hands of the Court of Appeals and yet, it seems Person's A's lawyer's inclination is towards the side of Person B, at least that's how some family members of Person A felt.

Some family members are somehow inclined to go with the mediation process, but they are worried what if the post dated cheques will bounce again in the future, this will be another case to file. Some family members are having doubts of the purpose of the mediation, they think it's a manifestation that they admit losing the case.

Are there no timelines as to when cases involving breach of contract will be decided in court? 10 years seem to be too long in the family's opinion. Some family members even thought of contacting 8888 if that would help.

Appreciate your comments.

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