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the heir wants to file us case that we breach a contract and putting 5% interest to the remaining balance to pay per month was that legal?

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Arresto Menor
Good day,

I am seeking advice, my parents had a contract to the land owner for a 50 sqm land with a price of 5000/sqm with a total price of 250,000 pesos, both parties agreed to pay 300 per month as stated in the contract which starts from March 1996 which continuously pays until 2003 but due of the first parties negligence to get the payment my parent stop paying but when the time that the daughter come to collect payment year 2011 we pay 15,000 pesos, 2012- 2000 + another 7000, and on 2013 we pay 14,000 now we only have total balance of 187,700, but since the father died and they inherit the land they are not accepting my parents payment, because as per them we breach contract and wanting my parents to sign a new agreement which stating.

Kami, sina Estrella , Flor , Divina , mga anak ni Pablo , may ari ng lupa at may mga sapat na gulang, Pilipino at naninirahan sa Lungsod ng Quezon, na sa kasunduang ito ay tatawaging UNANG PANIG at ELEAZAR at VIOLETA na sa kasunduang ito ay tatawaging IKALAWANG PANIG, ay nagkakasundo tulad ng mga sumusunod.

1. Na ang UNANG PANIG ay siyang may-ari ng lupa na hinuhulugan ng IKALAWANG PANIG;

2. Na ang IKALAWANG PANIG ay may natitirang balanse na bayarin sa halagang
P 244,478.00 kasama ang 5% interest kada buwan simula Octobre 2013.

3. Na ang kabuuang balanse na nagkakahalaga ng P 244,478.00 ay dapat mabayaran hanggang Disyembre 2014;

4. Na kung sakaling hindi makatupad sa usapan ay mawawalan ng saysay ang salaping kanyang naihulog pati na rin ang anumang istruktura na naitayo doon, at ililipat ng UNANG PANIG ang karapatan sa nasabing lupa sa kaninuman na nais bigyan ng UNANG PANIG;

AT SA KATUNAYAN NG LAHAT NG ITO ay kusang loob kaming lumagda sa ibaba nito ngaung ika-7 ng Abril 2014.

- and since 2013-with a balance of 187,700 up to 2018 we have to pay a total of 25,000 to comply and welling to give the money, but they don't want to accept because as per them the total balance is increasing with the interest of 5% monthly.
and now them want to eject us from our house.

Can they eject us to our house?
was the new agreement legal?
was the old contract be voided due of their deceased parents?
and what can we do if they file a law suit?

thank you

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if you want to contest the legality of the 5% per month interest, you will have to go to court and claim that it is unconscionable

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Reclusion Perpetua
1. They can eject you.

2. The new agreement is legal, so if you agree to it, then it binds you.

3. The old contract cannot be voided simply because of death of the original parties, as contracts are binding not only upon the parties, but also upon their heirs, successors-in-interests and assigns.

4. Once they file a lawsuit, consult a lawyer.

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