My grandfather's lot in pangasinan was subdivided to all his living children (6 including my mother). However before it was subdivided, 1 of my cousin built a house for his family which was later on assigned to my mother as hers.
During that time, they asked one of my cousin if my mother will be interested to sell her lot to him and since his house is already there for so many years and due to our financial problems that time, my mother agreed to sell the lot to him at P70,000.00 to which we have a written agreement that their payment will be fully settled before the end of year 2009. The agreements has been signed by both parties (including the spouses).
My cousin failed to pay in full on the date stated in the written agreement, my mother sent them a demand letter to fully settle their arrears on January 2010 thru LBC but we cannot find the receiving copy anymore...
Last May 18, we sent them a letter asking them to vacate the lot within 15-days from receipt of notice which they did not heed. And caused an argument between them and my parents when they came to my parent's house.
Last June 2, my mother issued an SPA to me to transact on their behalf with regard to this matter. To which, I was advised to summon them in barangay as talking to them at home will not be better... June 3 at barangay, they keep on insisting na nagipit lang sila and they are willing to settle the full amount on the said date by 4pm... to which I declined.
The barangay captain, gave us another 15-days to think again if I will be accepting their offer. Come June 20, barangay captain asked them to ask for an apology and perhaps I will change my mind but none... Resulting to barangay issuing a Certificate to File Legal Action... to which I am still waiting until now.
My lawyer friend advise me to file a case for recovery of possession since the last demand letter we sent to them (which they deny) is more than a year resulting for us not eligible to file for ejectment case.
I would appreciate your legal advise on this matter and what necessary steps do I need to do when I file a case - recovery of possession. And how much would the case will cost me? As I plan to file next month.