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Arresto Menor
good pm all attys! i would be so glad if you can answer me as soon as possibe your advice is very important to us especially next week my family is filing a suit for specific performance and damages against the personal representative of the estate(administrator). This is what happened : My mom(married) contracted under a Contract to Sell dated Jan. 29, 1999 to buy 2 adjoining parcels of land(lot 1: 391sqm & lot 2: 395 sqm) in Cagayan de oro with a single,unmarried woman and with no surviving parents but with surviving siblings under a Contract to Sell with my aunt as her personal representative and with the seller's nephew named Ricky ( w/ general power of atty). The contract to sell was annotated at the back of the title ( march 10, 1999 ) with the terms thereof: 140,000 down payment upon singning and 20,000 monthly installments starting Feb. 1999 with total contact price for the two TCT at 700,000. After my aunt paid the total payments of 350,000 , both parties agreed to change the contract to a new one (novation) with the intention of application of previous payments to effect the transfer of one parcel of land to us. The new terms under MOA dated Aug. 10,1999: 350,000 will be paid within one year(aug. 10, 2000) for the second lot. On January 27, 2000, we made an initial payment of 50,000 in check payable ( w/ deposit slip) to his personal representive (Ricky) for medical expenses ( reason stated ). Unfortunately, on march 28, 2000 the seller died due to sickness with a valid will that all her real and personal properties shall belong to her sister- Victoria (1/2 part) and 8 children (including Ricky) of her sister(1/2 part) but no designation as to the specific property/ies to be given to the heirs. On april 12, 2000 my aunt paid another 50,000 in check payable ( w/ deposit slip) to his nephew(Ricky) for wake expenses( reason stated). My aunt and his nephew (Ricky) agreed verbally to reduce the price from 350,000 to 300,000 for the advances made.On Aug 6, 2000, 4 days before the expiration of the contract my aunt sent her letter through mail addressed to heirs c/o one of the sibling ( marivic-sister of ricky) to offer the payment for the balance stating the original contract price:350,000 , reduced price: 300,000 and remaining balance:200,000 as orally agreed previously . A day or two before the expiration of the term my aunt received a call from marivic (ricky’s sister) and ramon (ricky’s brother - who was currently applying for as the administrator) and instructed her to pay 200,000 to his counsel (also location). On Aug 9, 2000 his counsel accepted the 200,000 and issued a FULL RECEIPT in hand writing for the Heirs of the estate ( stated in the receipt ). During the same day, the 200,000 was deposited under their joint account ( my aunt and his counsel named Javier) in MDB (Mindanao Development Bank). On Jan 31, 2001 my aunt and atty Javier withdrawn the 200,000 because according to atty Javier ( now deceased) at that time his client (Ramon) withdrawn the application for the administration since his client’s mother(Victoria) intervened the application for the estate administration. Subsequently my aunt deposited the 200,000 in UCPB under ITF account for the heirs of the estate (all heirs named). A day or two before June 21, 2002 my aunt received a call from Ricky and Victoria (their mother and the duly appointed court administratrix ). Victoria instructed her to deposit the amount to Atty. Gomez in Managers Check in favor of her or his counsel ( MC: IN FAVOR OF ATTY GOMEZ OR VICTORIA SHER).Victoria (administratrix) also told my aunt that the DEED OF SALE was to be followed because they have to ask the court’s authority. Victoria and all her children are residents of metro manila.On june 21, 2002, my aunt did what was instructed to her by the administratrix : gave the managers check (debited from ITF account for the heirs) to atty Gomez. My aunt was shocked when atty. Gomez issued a PARTIAL RECEIPT and asked him why. He replied “ some of the heirs protested in granting the discount “. My aunt called the same day and afterwards but they could no longer contacted despite my aunt and her husband’s persistent effort. My aunt was so disappointed and subsequently gave 30,000 on aug 29, 2002 and another 10,000 on aug 3, 2002 to atty Gomez so that according to her there would be no problem. Afterwards, my aunt asked atty Gomez when could she possible get the property if she will pay the remaining balance of 20,000, the counsel replied “ after they will ask the court’s authority”. So my aunt told him “she will immediately pay 20,000 if they will execute the deed of sale at the same time”. According to my aunt on 2007 or 2008 was able to contact ricky and told her “ hintayin mo na lang makarecover si atty Gomez ,walang ibang gagawa niyan kundi si atty gomez”- contain more or less- because during that time atty Gomez was under recovery from prior head surgery. Despite various repeated verbal demands, no one seemed to cooperate for years. On march 5, 2011 my aunt sent her demand letter for the deed of sale to Ramon (current duly appointed administrator in place of her deceased mother- died on 2008) and attached thereto the documents consisted of MOA, letter sent to marivic, full receipt from atty Javier( w/ deposit slip for opening the joint account , withdrawal slip, and passbook from MDB), checks payable to ricky ( w/ deposit slips to his Metrobank account, managers check issued from UCPB ( debited from ITF account for the heirs), partial receipts from atty Gomez of P200,000 , P20,000 and P10,000 ( total: 230,000 ),and copy original title.On april 2011, my aunt received a call from Ramon and they met in the office of Ramon’s cousin ( a lawyer ). He told my aunt they were not able to get 200,000 and atty Gomez was not authorized to received the payment etc.He told my aunt to show him proof – get the deposit slip from atty Gomez if deposited and if whether the manager’s check was encashed or negotiated directly to Metrobank (ricky’s account in metrobank). Now, we are able to get the UCPB proof of encashment- encashed by atty Gomez on June 24, 2002 and we cannot get the deposit slip from atty. Gomez it was misplaced or lost. On June 2011 ( 3 mos ago more or less ), we sent a another demand letter addressed to Ramon ( current administrator ). He replied to us few days after in a letter that the heirs nor his late mother authorized atty Gomez to receive payment because his sole duty was for probate proceeding alone. We made various exchanges of txt messages most are arguments. I found out from his txt msgs that they were able to get the 10,000 and 20,000 from atty gomez. Worst, he asked our party to sell the property and get 250,000 out of it, threatened us to rescind the contract, and the initial amount to be forfeited. The property is still included in the current inventory of real property. Atty Gomez was the one who notarized the MOA. How much at maximum we can ask the court for total damages especially moral damages? Can we ask for 2 million? for it has been causing us extreme anxiety , sleepness nights and my parents’ relationship with my aunt has been greatly affected for more than 9 yrs now ( 9 and 3 mos.. How should the property be disclosed in their inventory of real properties ? I know we have to present now our claim in court so that we will not be disbarred forever.. My general impression is fraud and estafa. I want those held liable for fraudulent acts to be punished.How long would it take to end the case so that we can get our property and excess payment of 30,000? I need to resolve it fast especially im going out of the country so soon. *location and names change*

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