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

Client/Contractor obligations

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

1 Client/Contractor obligations on Wed Oct 19, 2016 6:26 pm


Arresto Menor
Hello Lawyers,

I hope you could help me sort out this predicament.

I was an independent contractor for a digital marketing agency in Alabang. We have a digital contract signed through Hellosign.

Our agreement was to have a pay-per-production scheme, which would be sent out every month on the 15th and 30th.

I manage my invoice sheet, and my client has access to it. The last changes on my invoice sheet had the following changes to the terms:

All content that is submitted AND approved by 5pm/mst on the 10th will be paid on the 15th
All content that is submitted AND approved by 5pm/mst on the 25th will be paid on the last day of month
5% discount on every Php 10k within a pay period
Maximum of 3 revisions

We had talks about a discount, on 9/21, but we have not agreed on a discount. The discount was retrospectively applied to my invoice sheet, which led to a significant deduction on my pay. I felt that this was an unfair business practice, which led me to inform my client that I would no longer be producing content for his company.

Prior to this arrangement, I had referred several people to the business, with my own personal guarantee that the business was good. After experiencing the unfair treatment I had with my client, I warned my referrals to watch out for signs of non-pay, which is what happened to me.

NOW, my client and I had private conversations over email discussing how we could resolve this issue. I explained how the "discount" was not agreed on, and therefore should not be applied. My client responded by REQUIRING me to send an apology email to all my colleagues before issuing the discrepancy of the discount that should have not been applied in the first place..

Is there merit to my complaint if ever I pursue legal action?

P.S. I have copies of the email exchange and the digitally-signed contract between me and my client.

Thank you all!.

View user profile

2 Re: Client/Contractor obligations on Thu Oct 20, 2016 11:14 am


Reclusion Perpetua
There is indeed merit in your legal action, in my opinion.

This is simply a case of a contract being modified without approval from the affected party. Since our Civil code states that further modifications from the terms and conditions of a contract must include the approval of all parties involved, their action should be considered as null and void.

However, please do review the contract you have signed with them since it might contain a stipulation that allows them to alter discount rates retroactively within a specific range. Read all the stipulations and fine print, since it may further contain terms that are vague and suspicious.

At this point, you may want to secure the services of a lawyer so that all the steps you will take will have legal basis. If you are financially constrained, please go to the nearest Public Attorney's Office (City or Municipal Hall located, usually) for you to obtain free legal advice.

Good luck in your situation.

View user profile

3 Re: Client/Contractor obligations on Thu Oct 20, 2016 11:57 am


Arresto Menor
Thank you for your reply!

Another question would be -

would it be worth it to pursue legal action regarding this matter since the amount in question is below 10k php?


View user profile

4 Re: Client/Contractor obligations on Fri Oct 21, 2016 3:18 am


Arresto Menor
Can i put excerpts of our conversation here or would it be better for me to keep these hidden until I meet with a lawyer? Arrow

View user profile

5 Re: Client/Contractor obligations on Tue Oct 25, 2016 2:26 pm


Arresto Menor
Bumping po mga sir. Salamat!

View user profile

6 Re: Client/Contractor obligations on Tue Oct 25, 2016 11:27 pm


Reclusion Perpetua
It is fine to quote our conversation, but please take note that I am not a lawyer yet. I am still a law student and my take on the matter may vary from an actual lawyer's perspective.

The PAO will give you legal advice if your situation is worth pursuing into. There are other options that they can offer you that does not entail going into court, since the PAO usually handles a lot of cases in a daily basis. Maybe a simple letter that has their authorization containing your demand against the other party who made underhanded modifications on the contract will do the trick, and the other party will accede to your demands. These are just mere speculations on my part, however, and take them with a grain of salt.

Good luck once more in your situation.

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