flooded car damage

Good Morning Atty,

I am Jay only 20 years of age. I bought a car from a buy and sell dealer amounted to 460,000 pesos. The dealer said that the car was not flooded and he also gave me a six months service warranty in the car because he has a auto shop. However, in less than 1 week ,the car’s damages showed, I texted the seller to check it and he said that he was unavailable because it was Holy Week that time so he advised me to go to other auto shop. I went to Mandaluyong and they scanned the car and they told me the faults. They said that computer box was a repaired unit and electrical circuit of the car is grounded, they said that it was flooded because the computer box of the car was flooded. I also went to Mazda Makati to ensure the problems of the car and they told me the same thing. I am telling that to the dealer and he keep on insisting that it was not flooded. I already payed him and I don’t know how justice can work this time. The car was not titled to him, he’s only a dealer. I cant think of a way on how I can sue him. And the worst thing is I can not contact his number now. The only thing I got is a signed letter by him that he received the payment I gave. I also have his cellphone number and house address. I also have saved text messages of him insisting the car is not flooded and he will fix it. But up to now I can not contact him. I also have pictures of the car parked at their house before I bought it which I think may be useful to prove that he has possession of the car before I bought it. I also have print screen pages of the advertisement of the car before I bought it containing his name and cellphone number. Up to now I do not erase his text messages as they may be of further use. I don’t know if it is covered by ART 316 of revised penal code or what legal actions can I take. Please help me sir. Thank you.

In your case, you may file an action to revoke the contract of sale with damages. It seems to be clear that the seller knew it beforehand that the car was slightly damage due to flood but still insisted that none of them had occured which prompted you to eventually buy the same.

rather than art 316, I would advise that if you want to file a criminal case, you use art. 318 (other deceits).

what is the end result that you hope for, or at least be satisfied with? is it enough that the car is fixed? or do you want him to give back the whole payment? do you want to see him in jail?

If the cost of repair is less than P100k and you are sure of the address where he lives, then you can have the car fixed and file a small claim against him.

If it's a criminal case then you will have to file a complaint affidavit with the prosecutor's office but the case will not prosper if you are not sure of his address.