Legal Questions

[Bruce]

An interesting turn of events and I would like some of your opinions..... I am building a boarding house out on Samar for local widows. On a lot that is owned by my woman friend who inherited it along with others from her parents. Ownership is not an issue. There was an abandon falling down wood house on the lot that was abandoned several years ago as the house owners moved to a different area into a nicer house. My woman friend contacted the house owners at their jobs and informed than she was going to remove the old house and build a new one. The did not respond. So she hired an attorney who sent off a certified letter, which they received. They did not respond. So the attorney went to court and they did not show up so permission was given to remove the old house. Before the old house was removed, many pictures had already been taken of the falling in roof, no windows, grown up yard and smashed toilet. After the house was removed, plans were made for a new building and a building permit issued. Construction is ongoing now.Up comes the adult daughter of the house owners and she brings a complaint starting at the local barangy level saying that we' took' her house with out notice. A meeting was held with the captain, pictures were shown of the house and yard and a copy of the letter from the attorney was shown as well as a letter from the attorney who sent it saying that all proper procedures were followed. The daughter and her mother then admitted the letter from the attorney was received and they simply chose not to answer it. So, at the barangay level, it was dismissed. 2 days ago a court case was filed saying that the family house was taken with out compensation and also 15 fruit trees and furniture as well. Further stating that they, the house owners never knew who owned the land! An interesting point is also that the husband, the true house owner is NOT a party to this action, it is his daughter and his wife. My woman friend has all the photos (trashed falling down house, NO fruit trees, and she has from many years ago the actual signed lease agreement between her family and the house owners, thereby disproving that they did not know who the owner was. Now.... my questions! My issues here are not with the people who brought this case. They simply think that I will buy them off. However, I instead, via my woman friend aer countersuing and will be able to disprove all all they say and that proper legal notice was given and followed. My issue is with the attorney that they hired. Either he is a fool or he is dishonest. Either way, I want a piece of his ass. Is there a Bar Association in the Philippines? Are there rules to follow that are in place to prevent fraudulent lawsuits being filed? Is there a rule that requires attorneys to do some research before filing a case? Is there a method in place to file a Bar Complaint against him?Any other advice other than pay them beacuse I am a Kano and can afford it?

Edited July 19, 2011 by Kuya Lee
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[Dave Hounddriver]

This is Philippines. this is normal.

[Garpo]

An interesting turn of events and I would like some of your opinions..... I am building a boarding house out on Samar for local widows. On a lot that is owned by my woman friend who inherited it along with others from her parents. Ownership is not an issue. There was an abandon falling down wood house on the lot that was abandoned several years ago as the house owners moved to a different area into a nicer house. My woman friend contacted the house owners at their jobs and informed than she was going to remove the old house and build a new one. The did not respond. So she hired an attorney who sent off a certified letter, which they received. They did not respond. So the attorney went to court and they did not show up so permission was given to remove the old house. Before the old house was removed, many pictures had already been taken of the falling in roof, no windows, grown up yard and smashed toilet. After the house was removed, plans were made for a new building and a building permit issued. Construction is ongoing now.Up comes the adult daughter of the house owners and she brings a complaint starting at the local barangy level saying that we' took' her house with out notice. A meeting was held with the captain, pictures were shown of the house and yard and a copy of the letter from the attorney was shown as well as a letter from the attorney who sent it saying that all proper procedures were followed. The daughter and her mother then admitted the letter from the attorney was received and they simply chose not to answer it. So, at the barangay level, it was dismissed. 2 days ago a court case was filed saying that the family house was taken with out compensation and also 15 fruit trees and furniture as well. Further stating that they, the house owners never knew who owned the land! An interesting point is also that the husband, the true house owner is NOT a party to this action, it is his daughter and his wife. My woman friend has all the photos (trashed falling down house, NO fruit trees, and she has from many years ago the actual signed lease agreement between her family and the house owners, thereby disproving that they did not know who the owner was. Now.... my questions! My issues here are not with the people who brought this case. They simply think that I will buy them off. However, I instead, via my woman friend aer countersuing and will be able to disprove all all they say and that proper legal notice was given and followed. My issue is with the attorney that they hired. Either he is a fool or he is dishonest. Either way, I want a piece of his ass. Is there a Bar Association in the Philippines? Are there rules to follow that are in place to prevent fraudulent lawsuits being filed? Is there a rule that requires attorneys to do some research before filing a case? Is there a method in place to file a Bar Complaint against him?Any other advice other than pay them beacuse I am a Kano and can afford it?

Bruce,I would suspect that the attorney that you would like to see on the bottom of the ocean with cement shoes on is gong on what information that he receives from his client. You would have to prove that he knew ahead of time that is complaint issures were non existant or made up. That would pretty much mean that the other family (daughter) would have to admit to being a part of a conspiracy. Good luck with that one.That being said, your best bet would be to retain you own Philippine attorney and follow his advice. I assume that your lady friend is a filipina so I would also think that it would be best for her to be the one to go and talk with an attorney and not you. Philippine lawyers eyes light a glow when they see sombody like us (you) walk into their office. You have already lit the light on the other attorney.

[Jake]

My issue is with the attorney that they hired. Either he is a fool or he is dishonest. Either way, I want a piece of his ass. Is there a Bar Association in the Philippines? Are there rules to follow that are in place to prevent fraudulent lawsuits being filed? Is there a rule that requires attorneys to do some research before filing a case? Is there a method in place to file a Bar Complaint against him?Any other advice other than pay them beacuse I am a Kano and can afford it?

Hello Bruce,Well, I think you and your extended family took all the necessary steps to bring out the "smoking gun",which was readily accepted by all local officials as the gospel truth. Although I have not researchedany grievance boards against "hoodlums in robes", I'm sure your friend can find a judge or two to nailthis lawyer. He probably asked and received a "retainer" to pursue the case without even botheringto get off his butt. I do recommend to keep a very low profile in order to prevent or eliminate greedy fingers in the countersuit. Needles to say, watch you six......Respectfully -- Jake Edited June 11, 2011 by Jake
korrect my Englesh agin

[Bruce]

An interesting turn of events and I would like some of your opinions..... I am building a boarding house out on Samar for local widows. On a lot that is owned by my woman friend who inherited it along with others from her parents. Ownership is not an issue. There was an abandon falling down wood house on the lot that was abandoned several years ago as the house owners moved to a different area into a nicer house. My woman friend contacted the house owners at their jobs and informed than she was going to remove the old house and build a new one. The did not respond. So she hired an attorney who sent off a certified letter, which they received. They did not respond. So the attorney went to court and they did not show up so permission was given to remove the old house. Before the old house was removed, many pictures had already been taken of the falling in roof, no windows, grown up yard and smashed toilet. After the house was removed, plans were made for a new building and a building permit issued. Construction is ongoing now.Up comes the adult daughter of the house owners and she brings a complaint starting at the local barangy level saying that we' took' her house with out notice. A meeting was held with the captain, pictures were shown of the house and yard and a copy of the letter from the attorney was shown as well as a letter from the attorney who sent it saying that all proper procedures were followed. The daughter and her mother then admitted the letter from the attorney was received and they simply chose not to answer it. So, at the barangay level, it was dismissed. 2 days ago a court case was filed saying that the family house was taken with out compensation and also 15 fruit trees and furniture as well. Further stating that they, the house owners never knew who owned the land! An interesting point is also that the husband, the true house owner is NOT a party to this action, it is his daughter and his wife. My woman friend has all the photos (trashed falling down house, NO fruit trees, and she has from many years ago the actual signed lease agreement between her family and the house owners, thereby disproving that they did not know who the owner was. Now.... my questions! My issues here are not with the people who brought this case. They simply think that I will buy them off. However, I instead, via my woman friend aer countersuing and will be able to disprove all all they say and that proper legal notice was given and followed. My issue is with the attorney that they hired. Either he is a fool or he is dishonest. Either way, I want a piece of his ass. Is there a Bar Association in the Philippines? Are there rules to follow that are in place to prevent fraudulent lawsuits being filed? Is there a rule that requires attorneys to do some research before filing a case? Is there a method in place to file a Bar Complaint against him?Any other advice other than pay them beacuse I am a Kano and can afford it?

Bruce,I would suspect that the attorney that you would like to see on the bottom of the ocean with cement shoes on is gong on what information that he receives from his client. You would have to prove that he knew ahead of time that is complaint issures were non existant or made up. That would pretty much mean that the other family (daughter) would have to admit to being a part of a conspiracy. Good luck with that one.That being said, your best bet would be to retain you own Philippine attorney and follow his advice. I assume that your lady friend is a filipina so I would also think that it would be best for her to be the one to go and talk with an attorney and not you. Philippine lawyers eyes light a glow when they see sombody like us (you) walk into their office. You have already lit the light on the other attorney.

Well I am thinking like a (damn) Kano and here in the US, we have SO MANY lawyers that it is not hard to find lawyers that suit other lawyers for fun and profit. Under our federal rules, we have Rule11 in which if the attorney fails to do his own investigation into the issue he can be held liable for all costs and sanctions for filing a fraudlent suit. Similar rule in FLorida which are in place to prevent an attorney from simply claiming that he was just taking his client on face value. With the Philippines trying to be taken seriously by the rest of the world, I am hoping that there is an (Philippine) attorney member of the forum that is familar with the Bar and it's rules and if there is a way to 'f**K with this guy. Remember this is WAY out on Samar and not Cebu or Manila. So what goes on in Samar might not fly in the 'big city'. With out me asking, I won't know. If there are no such rules, then we just go the court route. If there are such rules and I can make a complaint, that alone may make the attorney realize that he should back off this one because he will be made to look like a fool in a court that he must pracrtice in over and over. SInce the attorney that was used to write the original letter and filed the original removal case is in fact a former local judge, my woman friend is in good hands.... But that does not stop me from wanting to make this go away quickly......

[Mr Lee]

An interesting turn of events and I would like some of your opinions..... I am building a boarding house out on Samar for local widows. On a lot that is owned by my woman friend who inherited it along with others from her parents. Ownership is not an issue. There was an abandon falling down wood house on the lot that was abandoned several years ago as the house owners moved to a different area into a nicer house. My woman friend contacted the house owners at their jobs and informed than she was going to remove the old house and build a new one. The did not respond. So she hired an attorney who sent off a certified letter, which they received. They did not respond. So the attorney went to court and they did not show up so permission was given to remove the old house. Before the old house was removed, many pictures had already been taken of the falling in roof, no windows, grown up yard and smashed toilet. After the house was removed, plans were made for a new building and a building permit issued. Construction is ongoing now.Up comes the adult daughter of the house owners and she brings a complaint starting at the local barangy level saying that we' took' her house with out notice. A meeting was held with the captain, pictures were shown of the house and yard and a copy of the letter from the attorney was shown as well as a letter from the attorney who sent it saying that all proper procedures were followed. The daughter and her mother then admitted the letter from the attorney was received and they simply chose not to answer it. So, at the barangay level, it was dismissed. 2 days ago a court case was filed saying that the family house was taken with out compensation and also 15 fruit trees and furniture as well. Further stating that they, the house owners never knew who owned the land! An interesting point is also that the husband, the true house owner is NOT a party to this action, it is his daughter and his wife. My woman friend has all the photos (trashed falling down house, NO fruit trees, and she has from many years ago the actual signed lease agreement between her family and the house owners, thereby disproving that they did not know who the owner was. Now.... my questions! My issues here are not with the people who brought this case. They simply think that I will buy them off. However, I instead, via my woman friend aer countersuing and will be able to disprove all all they say and that proper legal notice was given and followed. My issue is with the attorney that they hired. Either he is a fool or he is dishonest. Either way, I want a piece of his ass. Is there a Bar Association in the Philippines? Are there rules to follow that are in place to prevent fraudulent lawsuits being filed? Is there a rule that requires attorneys to do some research before filing a case? Is there a method in place to file a Bar Complaint against him?Any other advice other than pay them beacuse I am a Kano and can afford it?

Well Bruce you have finally run into one of those situations that I knew would come your way by your being, or acting like the rich Kano, and that I warned you about. Yes there is a Philippine Bar Association and your questions might be best asked to them. As others have said, the Philippines plays by a whole different set of rules, so as long as you are in the picture and well known as the rich Kano, I suspect that any lawsuit you bring will be very costly, and then on top of that, if you should win, then there will probably be retaliation towards you and possibly your lady friend. I would say just beat them in court and let sleeping dogs sleep, or be prepared for this to continue on for many years and you and the family should hire a body guard from a different island while you are there because if you make the lawyer, or family, or anyone with enough money to hire someone to kill you, lose face, watch out.

[Bruce]

An interesting turn of events and I would like some of your opinions..... I am building a boarding house out on Samar for local widows. On a lot that is owned by my woman friend who inherited it along with others from her parents. Ownership is not an issue. There was an abandon falling down wood house on the lot that was abandoned several years ago as the house owners moved to a different area into a nicer house. My woman friend contacted the house owners at their jobs and informed than she was going to remove the old house and build a new one. The did not respond. So she hired an attorney who sent off a certified letter, which they received. They did not respond. So the attorney went to court and they did not show up so permission was given to remove the old house. Before the old house was removed, many pictures had already been taken of the falling in roof, no windows, grown up yard and smashed toilet. After the house was removed, plans were made for a new building and a building permit issued. Construction is ongoing now.Up comes the adult daughter of the house owners and she brings a complaint starting at the local barangy level saying that we' took' her house with out notice. A meeting was held with the captain, pictures were shown of the house and yard and a copy of the letter from the attorney was shown as well as a letter from the attorney who sent it saying that all proper procedures were followed. The daughter and her mother then admitted the letter from the attorney was received and they simply chose not to answer it. So, at the barangay level, it was dismissed. 2 days ago a court case was filed saying that the family house was taken with out compensation and also 15 fruit trees and furniture as well. Further stating that they, the house owners never knew who owned the land! An interesting point is also that the husband, the true house owner is NOT a party to this action, it is his daughter and his wife. My woman friend has all the photos (trashed falling down house, NO fruit trees, and she has from many years ago the actual signed lease agreement between her family and the house owners, thereby disproving that they did not know who the owner was. Now.... my questions! My issues here are not with the people who brought this case. They simply think that I will buy them off. However, I instead, via my woman friend aer countersuing and will be able to disprove all all they say and that proper legal notice was given and followed. My issue is with the attorney that they hired. Either he is a fool or he is dishonest. Either way, I want a piece of his ass. Is there a Bar Association in the Philippines? Are there rules to follow that are in place to prevent fraudulent lawsuits being filed? Is there a rule that requires attorneys to do some research before filing a case? Is there a method in place to file a Bar Complaint against him?Any other advice other than pay them beacuse I am a Kano and can afford it?

Well Bruce you have finally run into one of those situations that I knew would come your way by your being, or acting like the rich Kano, and that I warned you about. Yes there is a Philippine Bar Association and your questions might be best asked to them. As others have said, the Philippines plays by a whole different set of rules, so as long as you are in the picture and well known as the rich Kano, I suspect that any lawsuit you bring will be very costly, and then on top of that, if you should win, then there will probably be retaliation towards you and possibly your lady friend. I would say just beat them in court and let sleeping dogs sleep, or be prepared for this to continue on for many years and you and the family should hire a body guard from a different island while you are there because if you make the lawyer, or family, or anyone with enough money to hire someone to kill you, lose face, watch out.

Well I don't let the 'possibility' of a probelm dictate my life. Actually my woman friend is the connected family. The former gov, now a senator or congresswoman is a classmate of hers. Past vice gov was her cousin. No money per se, but it was her father that owned a huge part of the land the town is built on and the family is well regarded as they donated a lot of land. She is a former barangay official and has 'friends' all over the place because she did not take bribes. So we will see what happens. If there are any actual threats (none so far) I am sure that some pedicab driver will take care of it whilst I am in the US..... As for a body guard, I am followed by the pedicab men where ever I go as they know if they have no food or medicine and show up at the house, they will be taken care of. But things are no where near the level of any threats against me or her. So don't send out funeral notices just yet. This is not like Cebu. People here know who belongs and who doesn't.....

[Mr Lee]

Well I don't let the 'possibility' of a probelm dictate my life. Actually my woman friend is the connected family. The former gov, now a senator or congresswoman is a classmate of hers. Past vice gov was her cousin. No money per se, but it was her father that owned a huge part of the land the town is built on and the family is well regarded as they donated a lot of land. She is a former barangay official and has 'friends' all over the place because she did not take bribes. So we will see what happens. If there are any actual threats (none so far) I am sure that some pedicab driver will take care of it whilst I am in the US..... As for a body guard, I am followed by the pedicab men where ever I go as they know if they have no food or medicine and show up at the house, they will be taken care of. But things are no where near the level of any threats against me or her. So don't send out funeral notices just yet. This is not like Cebu. People here know who belongs and who doesn't.....

Bruce I think you miss my point, in a country that is all about FACE and a persons refusal to lose face, and add that to a country where people only think about today and not the future, and then add the fact that a person can have someone killed for as little as $100 or maybe even less, and you then have a volatile situation if a lawyer or family should end up losing FACE. Lets say the lawyer or family loses the lawsuit and you win say p20,000, which is probably less than it will cost you, but none the less win, well the lawyer or family will most likely appeal and then decide which is less expensive, hire a hit person or pay the money owed. And then on top of that, your pedicab drivers who also live for today, once offered more money than they might see in a year might decide to play along with the other side and report exactly where you are and when, or maybe even decide to kill you for the payment offered themselves. In the land of text messaging, anyone can be waiting ahead of where a person will be. So Cebu, Samar and possibly anywhere in the Philippines, the same applies, be worth more alive than dead and do not make a person lose face. Oh and BTW, your quote above is exactly correct, you do not belong, so no matter how connected a person is or was, it really does not matter since we will always be outsiders even when married to, or living with a local Filipina. So while I never wish to tell you to not help everyone, I do and did suggest that you do it in different ways, such as get a line of credit or prepay from where you buy medicine, instead of whipping out a roll of cash and paying for it in front of the locals who need meds, establish a line of credit or prepay at Jollybee, again so the locals do not see you paying and may figure you have worked out a deal with those establishments. Do not talk like p2300 a day is nothing, it is more than 12 people usually make a day and more than one person may make in a month or more, and so on and so on. I am not telling you I told you so, I am telling you to live and learn the way things are in the Philippines, or pay the price someday. If mayors, news people, judges, police officers etc can be shot dead in the street and no one caught and convicted for the crime, what seems to make you think that you are bullet proof because of who your lady knows, believe me you are not. My legal advice, leave it alone and just win the court case to show everyone that way that you will not be pushed around.

[Bruce]

Lee..... When I said they know who belongs, I meant that they know who belongs in the area (not about me)... they know a stranger when he shows up in their barangay.As far as the rest of what you wrote...... I am suprised. If I did not know you were a cop and then ran strip clubs and pawn / gun shops I would think you are some shut in reclusive germaphobe.If you lived 500 years ago...... America would have never been discovered! No ships, no travel because something might happen.....I don't live my life in a bunker. I do not judge my life by how long I might live.... but what I have accomplished in my life. In reading what you wrote.... if you really see danger lurking everywhere.... why did you even travel to Cebu? You should be here, in a home made bunker, adding ammo to your stockpile for when the 'commies' (our generation) try to take over America. Seriously..... I want you to read what you wrote and then realize it is on a semi public forum.... AND if there are any 'fence sitters' thinking about either vacations or moving to Phils or bringing back a Pinay (very violent people reading what you wrote) which way do you think they will go with their decision? I also work by the theory that if I (or anyone) appear to be an easy mark, it attracts more problems.... I have a minor issue and I am simply asking for details on ways to handle it. Running and hiding or keeping a low profile just ain't me!

[Mr Lee]

Lee..... When I said they know who belongs, I meant that they know who belongs in the area (not about me)... they know a stranger when he shows up in their barangay.As far as the rest of what you wrote...... I am suprised. If I did not know you were a cop and then ran strip clubs and pawn / gun shops I would think you are some shut in reclusive germaphobe.If you lived 500 years ago...... America would have never been discovered! No ships, no travel because something might happen.....I don't live my life in a bunker. I do not judge my life by how long I might live.... but what I have accomplished in my life. In reading what you wrote.... if you really see danger lurking everywhere.... why did you even travel to Cebu? You should be here, in a home made bunker, adding ammo to your stockpile for when the 'commies' (our generation) try to take over America. Seriously..... I want you to read what you wrote and then realize it is on a semi public forum.... AND if there are any 'fence sitters' thinking about either vacations or moving to Phils or bringing back a Pinay (very violent people reading what you wrote) which way do you think they will go with their decision? I also work by the theory that if I (or anyone) appear to be an easy mark, it attracts more problems.... I have a minor issue and I am simply asking for details on ways to handle it. Running and hiding or keeping a low profile just ain't me!

Bruce and others, it is not my job to just promote the Philippines, IMO it is my lot in life to be honest with people, and that includes being honest as to what they might expect could happen to them, if they are not careful. Being careful includes not being flashy, so if you had been reading this forum and quite possibly others for years as I have, then you would know that almost every member with experience in the Philippines, basically will say the same thing as I do, you should not be flashy, and you should try to not be worth more dead than alive, and you should never make a Filipino lose face. Sorry those are the facts of life in the Philippines as many others and I have seen them for the last many years of going back and forth, and if people do not like them, then they should not move or visit there. I would much rather someone not go to the Philippines, than read about them in the news having gotten themselves killed. Life has been safe in the Philippines for those of us that use our heads and keep a low profile, and for those who refuse to listen to those who have had experience, then all I can say is that I wish them the best of luck and hope they do not become one of the statistics, as many we have read about over the years have become.