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Service is cancelled

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1 Service is cancelled on Fri Jul 13, 2018 1:25 pm


Arresto Menor
Hi may question po ako im just a freelancer installing cctv now. My rude client na foreigner na naninigaw, pabagobago ng isip, parang mananakit pa is tinangihan ko ng serbisyo dahil sa mga binangit ko sa reason. Ngayon nag abiso din ako na iba na lang ang tawagin nya pero ayaw nya instead nagreklamo sa barangay and nagfile ng formal complaint. Nagiisue sila ng summon. I told them na I will wait for an advise from an attorney. Ok lang po na di ko tinangap yung summon. Please advise po sa naayon na dapat gawin ayon sa batas. Salamat!

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2 Re: Service is cancelled on Sat Jul 14, 2018 4:38 am


Reclusion Perpetua
I believe that just for you to be sure not to incur any liability in cancelling your service, you should have terminated your contract in accordance with modes agreed upon. I hope you were able to document your service agreement (even through text messages and email conversations will do) so that it would be easier for you to prove the terms you agreed upon, including the mode of terminating it. If the contract is terminated based on how you agreed it should be done, then you cannot be faulted for exercising your contractual right.

Regarding the barangay summons, you will be considered to have been validly served with it despite your refusal to receive. So if you will not attend the barangay hearing, it might be taken against you. At any rate, the barangay proceedings is only for the purpose of mediating between the parties, and it is not adversarial, so if you are considering reconciling your differences with the company, you should consider attending the barangay proceeding. It is not a guarantee that you will amicably settle your differences, but I believe that it is worth your try.

Just keep in mind that barangay proceedings is already a preliminary in filing a court case, so it is possible that the company went to the barangay just to get the barangay issue what we call a "Certificate to File Action". which is a condition before a case may be filed in court.

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