My House - My Story

[stevewool]

amazing and off putting too, but hey we all have to try and live the way we can, the best policy it seems is to be there all the time when having a house built, thanks for sharing

[Markham]

If we're honest we've all been ripped off here in the Philippines.

Yep! In my case however, it wasn't Filipinos who ripped me off, it was an American builder who decided to steal over Php100,000 worth of building materials for his own use. The idiot was observed loading my materials on to his truck which he then used to build probably the nicest Sari-Sari store in southern Mindanao which he and his wife now run. He denied it all at first but when he realised that we had 3 eye-witnesses, he finally admitted to the theft. I also discovered that a shipment of around Php55,000-worth of quality plumbing and electrical fittings that we paid him to ship from the US probably never actually arrived - I certainly have not seen any of the items I ordered. I suspect he trousered the money I advanced him.

 

He was paid Php35,000 which he claimed was the Engineer's fee to get my plans approved but because he only paid the Engineer the filing fees, no building permit was ever issued and the Engineer has no interest in progressing them.

 

We have filed a case for in excess of Php200,000 but such is the justice system here, it will probably not be heard for another 5 or 6 years, if at all. But Karma has come a-calling: I'm told, his Sari-Sari - which apparently didn't stock any alcohol or cigarettes (due to their religious convictions) - is a flop and he's come unstuck on a couple of land deals; in short he's broke. And since he's never completed any house build contracts that he's undertaken, nobody is willing to employ him.

 

So if you're in Davao and you're approached by a blonde American offering to build you a house, don't walk - run!

[relcarve25]

 Posted Today, 12:26 AM

 

relcarve25, on 04 Mar 2013 - 10:59, said:

If we're honest we've all been ripped off here in the Philippines.

Markham said: - Yep! In my case however, it wasn't Filipinos who ripped me off, it was an American builder who decided to steal over Php100,000 worth of building materials for his own use. The idiot was observed loading my materials on to his truck which he then used to build probably the nicest Sari-Sari store in southern Mindanao which he and his wife now run. He denied it all at first but when he realised that we had 3 eye-witnesses, he finally admitted to the theft. I also discovered that a shipment of around Php55,000-worth of quality plumbing and electrical fittings that we paid him to ship from the US probably never actually arrived - I certainly have not seen any of the items I ordered. I suspect he trousered the money I advanced him.

 

He was paid Php35,000 which he claimed was the Engineer's fee to get my plans approved but because he only paid the Engineer the filing fees, no building permit was ever issued and the Engineer has no interest in progressing them.

 

We have filed a case for in excess of Php200,000 but such is the justice system here, it will probably not be heard for another 5 or 6 years, if at all. But Karma has come a-calling: I'm told, his Sari-Sari - which apparently didn't stock any alcohol or cigarettes (due to their religious convictions) - is a flop and he's come unstuck on a couple of land deals; in short he's broke. And since he's never completed any house build contracts that he's undertaken, nobody is willing to employ him.

 

So if you're in Davao and you're approached by a blonde American offering to build you a house, don't walk - run!

   Thanks for the great post. Naturally I'm sorry for your shoddy treatment and sympathise with you, but your experience at the hands of a crooked foreigner helps to redress the balance a bit. People like me are only too aware that the Philippines is one of the most corrupt countries in the world and it is easy to fall into the trap of assuming that EVERY Filipino is out to cheat you. Naturally this isn't true. Of course most crime here is perpetrated by Filipinos just as most crime in the UK is carried out by British people, but it is wise for us to remember that,just because someone is from the same country as us, or is another foreigner, doesn't mean that they will deal honestly with us.  As the Philippine Government is only too aware their country has attracted a significant number of foreign 'sleaze bags.' Personally- in spite of many negative experiences in life, I TRY to give people a chance to prove themselves when I first meet them. However, I hope that I have learned enough over the years to be wary- especially where large amounts of money are concerned. Chris McG.

[Call me bubba]

about the american who RIPPED YOU OFF. could someway this be dealt in a US court? if any $$ transactions was in or made in the US system? 

2. about the RP builder?

if you have a "vested interest" in him, re .awaiting your $$ repaid.

is it allowed or possible under "the rp law" is to have a insurance policy on him? so if he not pays

(as it seems that he has pissed off others)

that you could at least get something back.

i have read that some policy are under $25 a yr. (bear with me.on this) , at least this way you have some recourse

 

 

late edit.

 after making my post, i went to 1 of the rp legal sites.(the site i post is a little better/clearer to understand)

it is possible to go to "SMALL CLAIMS COURT" for a case of under 100.000p. althou you lost more. could this be a  way to recover some of your lost    . :89: 

 

 

How to File a Small Claim in Court

 

 

Most people decide not to sue a debtor when the amount involved seems relatively small because of the known hassles and expenses of filing cases in court.  With litigation expenses and time wasted in court, forgetting a debt seemed to be a practical solution instead, until recently, when the Supreme Court issued the Small Claims Rule.

What is the Small Claims Rule?

 

This is an inexpensive and simple procedure for going after money claims that are not more than P 100,000.00 (one hundred thousand Philippine pesos).  The proceedings are quick and informal and all you have to do is obtain a blank form for Plaintiffs (the one suing), fill it up completely and attach the required documents to prove your claim.  Click here for a copy of the Plaintiff’s form in PDF format. You can print this form and use it for filing.

Preparation of documents

Preparation is important for you to succeed in getting a favorable outcome for your case will only be decided on the basis of the documents that you attach to your form.  Thus, before submitting your form, make sure that you have the following:

• Documents proving your claim such as promissory notes, contracts, receipts, Affidavits of witnesses, checks or pictures
• Latest demand letter and proof of delivery and proof of receipt (usually a signed acknowledgment if personally delivered or a registry return card if sent by registered mail)
• Certification to file action from the barangay (if applicable)
• Special Power of Attorney in case Plaintiff cannot attend
• In case of a corporation, a Secretary’s Certificate or Board Resolution authorizing you to file the case

Other steps include:

• Making photocopies of the filing form and supporting attachments (at least 5)
• Having the form including verification notarized by the Clerk of Court in the Office of the Clerk of Court of the place where you are filing your claim.
• Paying the filing fee.
• Getting the date of your scheduled hearing.
• Going to the court to which your case is assigned on the date of the hearing

Note that you are not allowed to be represented by a lawyer in the Small Claims proceedings but you may consult one BEFORE filing and attending your hearing. 

 

If you are representing a company or corporation in a hearing, you will also have to bring written authority to appear at the hearing, enter into an amicable settlement, to submit to alternative modes of dispute resolution and to enter into stipulations or admissions of facts and of documents.

 

http://legalcounseling.wordpress.com/2010/08/08/how-to-file-a-small-claim-in-court/

 

 

 

 

Edited May 18, 2013 by Pittman apartments Sgn

[i am bob]

I would be very hesitant to proceed with the insurance idea...

 

If something should happen to this person outside the norm, this may leave a person open to investigation by the law.

 

Guilty or not - not a happening a Kano wants to experience!

[dakend]

 

about the american who RIPPED YOU OFF. could someway this be dealt in a US court? if any $$ transactions was in or made in the US system? 

2. about the RP builder?

if you have a "vested interest" in him, re .awaiting your $$ repaid.

is it allowed or possible under "the rp law" is to have a insurance policy on him? so if he not pays

(as it seems that he has pissed off others)

that you could at least get something back.

i have read that some policy are under $25 a yr. (bear with me.on this) , at least this way you have some recourse

 

 

late edit.

 after making my post, i went to 1 of the rp legal sites.(the site i post is a little better/clearer to understand)

it is possible to go to "SMALL CLAIMS COURT" for a case of under 100.000p. althou you lost more. could this be a  way to recover some of your lost    . :89: 

 

 

How to File a Small Claim in Court

 

 

Most people decide not to sue a debtor when the amount involved seems relatively small because of the known hassles and expenses of filing cases in court.  With litigation expenses and time wasted in court, forgetting a debt seemed to be a practical solution instead, until recently, when the Supreme Court issued the Small Claims Rule.

What is the Small Claims Rule?

 

This is an inexpensive and simple procedure for going after money claims that are not more than P 100,000.00 (one hundred thousand Philippine pesos).  The proceedings are quick and informal and all you have to do is obtain a blank form for Plaintiffs (the one suing), fill it up completely and attach the required documents to prove your claim.  Click here for a copy of the Plaintiff’s form in PDF format. You can print this form and use it for filing.

Preparation of documents

Preparation is important for you to succeed in getting a favorable outcome for your case will only be decided on the basis of the documents that you attach to your form.  Thus, before submitting your form, make sure that you have the following:

• Documents proving your claim such as promissory notes, contracts, receipts, Affidavits of witnesses, checks or pictures
• Latest demand letter and proof of delivery and proof of receipt (usually a signed acknowledgment if personally delivered or a registry return card if sent by registered mail)
• Certification to file action from the barangay (if applicable)
• Special Power of Attorney in case Plaintiff cannot attend
• In case of a corporation, a Secretary’s Certificate or Board Resolution authorizing you to file the case

Other steps include:

• Making photocopies of the filing form and supporting attachments (at least 5)
• Having the form including verification notarized by the Clerk of Court in the Office of the Clerk of Court of the place where you are filing your claim.
• Paying the filing fee.
• Getting the date of your scheduled hearing.
• Going to the court to which your case is assigned on the date of the hearing

Note that you are not allowed to be represented by a lawyer in the Small Claims proceedings but you may consult one BEFORE filing and attending your hearing. 

 

If you are representing a company or corporation in a hearing, you will also have to bring written authority to appear at the hearing, enter into an amicable settlement, to submit to alternative modes of dispute resolution and to enter into stipulations or admissions of facts and of documents.

 

http://legalcounseling.wordpress.com/2010/08/08/how-to-file-a-small-claim-in-court/

 

 

 

 

 

Thanks for posting the small claims court info. I am sure I will use it at some point while I am living here

[joeatmanila]

LOL!!! I shouldn't laugh but is better than crying for our poor destined fortuned to be ripped off on buildings!!!

We all get ripped off one way or another!!!

My story will try to make it as short as possible.

Came here on 2003, my wife pregnant and she had a year ago gave downpayment and kept monthly payments for a subdivision house of 50m2 on a lot of 100m2. She had just moved in 4 days before I arrive.

I see the house, no fence, hardly any furniture (just some basics which I still keep for memories), I go to take a shower and...where is the shower??? Ok...hon...where is the hot water?? hahahhahaa!!!! first buy was a heater with shower, next day.

We needed a fence, an engineer was suggested to us from the developer, he was working there. We hired him to make our fence...then to extend our kitchen and an extra room. We had the bright idea to go on vacation while he was constructing the nightmare he made. Ok finished with him, he ripped me off about 100k pesos.

Then I wanted a parking area, a lot diagonal from the back of the house was for sale, I bought it. no rip off here.

Then the small house (35m2 on a 80m2 lot) just behind my house was for sale too, I had some extra $$$ I bought it so to have extra space for visitors....after I bought it on a closer look I found out all the walls were crooked!!! MY BAD...

Then decided to connect the two houses, up and down, make a total renovation, in 3 parts I was planning it. First part I hired n engineer, he was telling me yes on everything, the contract was 600k p in 3 gives. He took all before he finished the half of it, and as you guessed he wanted more to continue. That's the time I stepped my foot down. I am not a fool. I stopped him, I hired my own workers (which were actually his own workers who were not satisfied with him) and kept on.

I had very few rip offs on materials, until wife got pissed too and she went buying them from wholesalers. The word was spread.

Then second and third part of the house continued with these workers and my own supervision and hassles of finding properly priced materials. At least I am glad from the result or the house made, way further than my expectations and this just because I could.

Now I am building a commercial building, I hired a foreman and his team. He tries to me the same old tricks...I do know he will not be able to meet his words of finishing the project on the given price. I know he will vanish one day. I pay him "drop by drop" and very stingy. When he will leave, no worries I know the way to continue. All I expect him to do is place the two stories slabs and close them with the hollow blocks, then I am sure he will leave to nowhere to be found.

Yes I made him sign some papers in the barangay that he will finish the project...so what??? Hunt him legally (as I did the previous engineer) then it takes some years plus on the end you can only get the furniture from his house (a matress on the floor?) and that's it. He cannot go to jail for it. They all know it and they all do not afraid to sign you any paper you might want.

When my commercial will finish I will update you for my ordeal!!!! For now I just have fun with it!!!!

Enjoy every one!!!!!

[Bil Brock]

Good luck with your project.

The headaches involved are why I am looking for an already built house. Don't need or want the stress of building.

[samatm]

Never ever build from abroad.   

 

We learned the hardway too.   We  Did have family watching the build, but they being from same village it was too easy for the builders to talk ma and pa into going slack, borrowing  materials , not working.      We too showed up to un finished shell that  we  had  put over  8K USD into. 

[Thomas]

I suppose it's normal to get SOME problem when building in ANY country. But some have managed to get very good building results in South East Asia too. ALL of them have been in place (almost) all the time, some were leading the construction themselves (=Being the TOP leader themselves and checking if things are done good, but having skilled group leader EMPLOYED. And REPLACE them if they  do a good work, so they know they lose their work otherwice.)

 

"SMALL CLAIMS COURT"

I GUESS that's OTHER than the baranggay court. I have no idea how it is in cities, but in rural baranggays they have "courts" for some types of legal issues. Perhaps worth checking.

 

Thank you for your interesting information.

But I hope I will never need to use it  :)