CG Co Legal Service

29/12/2024

While individuals are entitled to express their grievances, they must do so within the bounds of the law. Accusations made in the heat of the moment or without factual basis may lead to criminal liability for slander. It is essential to handle disputes with prudence and, when necessary, seek legal remedies instead of resorting to defamatory utterances that may lead to further complications under Philippine criminal law.

The Supreme Court clarified that even a claim of being "wronged" by another does not justify slanderous remarks, particularly when such statements are made publicly without sufficient factual basis. The accused was held criminally liable after falsely accusing the complainant of fraud during a public event, causing irreparable damage to the complainant’s reputation.

In the Philippines, slander, or oral defamation, is a criminal offense punishable under Article 358 of the Revised Penal Code (RPC). This offense arises when a person makes a public and malicious imputation of a crime, vice, defect, or any act, omission, or circumstance that tends to cause dishonor, discredit, or contempt to another person. Slander can either be simple or grave, depending on the nature and effect of the defamatory statement.

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08/10/2024

If a buyer fails to pay the agreed purchase price of a house in the Philippines, the seller has several legal options to protect their rights. Here’s a simplified explanation:

1. Cancel the Sale

If the buyer doesn’t pay, the seller can either:

- Demand that the buyer pay what is owed, or
- Cancel the sale and take back the house.

The seller can also ask for damages if they’ve suffered any losses because of the buyer’s failure to pay.

2. Foreclosure (if the Buyer Took a Loan)

If the buyer used a loan to buy the house and fails to pay, the seller (or the bank) can start foreclosure proceedings. This means the house will be sold at a public auction, and the money from the sale will be used to cover the unpaid debt.

3. Take Back the House (if Ownership Hasn’t Been Transferred Yet)

If the buyer hasn’t fully paid yet and ownership hasn’t been transferred to them, the seller can take back the house. This often happens in “contract to sell” agreements, where the seller only transfers ownership once the buyer completes payment.

4. Maceda Law Protection for Installment Buyers

The Maceda Law gives some protection to buyers who are paying in installments:

- If the buyer has paid less than two years of installments, the seller can cancel the contract after giving a 60-day grace period for the buyer to catch up on payments. The buyer can also get a refund of part of what they’ve paid.

- If the buyer has paid at least two years of installments, they get more protection. The seller must give them a grace period of one month for every year they’ve been paying before the seller can cancel the contract. The buyer also gets back at least 50% of the payments they’ve made.

5. Claim for Damages

If the buyer doesn’t pay, the seller can ask for compensation for any losses caused by the non-payment. This is based on the general rule that people must follow their obligations under a contract.

6. Keep Down Payments or Partial Payments

If the contract says the down payment or partial payments are non-refundable, the seller can keep the money if the buyer fails to pay the rest. However, this depends on what the contract specifically says and on applicable laws.

7. Interest on Late Payments

If the contract states that interest should be added for late payments, the seller can also demand payment of interest on top of the overdue amount.

In most cases, the seller might need to go to court to enforce these rights, such as filing a case to cancel the sale or foreclose the mortgage. The best remedy depends on the specific agreement between the buyer and the seller, and the stage at which the payment problem arises. 🫰😊

25/05/2024

Deeply grateful to IBP CalMaNa Chapter for the recognition; it’s an honor to be acknowledged by such esteemed peers.

19/02/2024

Delay in Release of Property Title

Buying a new home is a big deal for your family, and you want everything to go smoothly. One crucial aspect is getting the property title transferred to your name. However, this process can be more complicated than it seems, often leading to delays in obtaining the title.

Transferring a property title involves several steps that may consume much time and effort. First, you must pay various taxes such as creditable withholding, documentary stamp, and transfer taxes. After that, you must submit a Certificate Authorizing Registration (CAR) to the Bureau of Internal Revenue (BIR), pay the registration fee, file for the transfer of title, and then pay the transfer tax declaration at the City Hall. Only after handling all these tasks and having all necessary documents ready will the Register of Deeds start processing the release of the new title. Unfortunately, this part can take a long time due to bureaucratic processes.

Sometimes, the title transfer process can take much longer than expected, sometimes over a year. People share frustrating stories online, such as buyers who paid all fees but were told their title was missing after a year and a half. Another person complained about waiting two years for property titles they inherited, facing difficulties despite numerous follow-ups with the BIR. Various reasons contribute to these delays, including lost titles, documentation problems, legal issues, and challenges with computerization at the Land Registration Authority. Buyers need to understand the title transfer process, and they must also acknowledge the considerable time and effort involved. It might be more practical to let professionals handle it.

Additionally, taking precautions before investing in real estate can help prevent issues. Buyers should verify the title's authenticity with the Register of Deeds, check for liens or encumbrances, ensure up-to-date real estate tax payments, and inspect the land for potential problems. These simple measures can go a long way in avoiding documentation and titling delays. - CGC