Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Free Legal Advice Philippines » FREE LEGAL ADVICE » damage to property

damage to property

2 posters

Go down  Message [Page 1 of 1]

1damage to property Empty damage to property Sat May 22, 2010 2:04 pm

porgey


Arresto Menor

Good morning.

A few months ago may sumira sa isang property ko. Sabi ng pulis magfile daw ako ng malicious mischief, pero hindi ko naman kayang mapatunayan na may intent ang sumira sa gamit ko, dahil ako ay pumayag na ilipat niya ang gamit ko at nasira lang yun nung nililipat niya. May nagsabi naman na mag-file nalang daw ako ng civil case para sa damages, dahil ayaw bayaran nung nakasira ang gamit ko. Ang tanong ko lang po ay ano ang procedures para mag-file ng ganitong klaseng kaso?

Kailangan bang unahin ang barangay bago ang city hall?

Salamat po.

2damage to property Empty Re: damage to property Sat May 22, 2010 6:23 pm

attyLLL


moderator

if the value is less than P100k, you can file a complaint in the small claims court. you won't need a lawyer. the rules are on sc.judiciary.gov.ph.

https://www.facebook.com/BPOEmployeeAdvocate/

3damage to property Empty Re: damage to property Sat May 22, 2010 7:18 pm

porgey


Arresto Menor

Thank you AttyLLL.

The link you gave was very informative and I might be able to use what I've read in the future. Unfortunately though, the property was worth more than 100k. In this case should I go to the city prosecutor or to the barangay first?

4damage to property Empty Re: damage to property Sun May 23, 2010 10:44 am

attyLLL


moderator

do both of you live in the same city or municipality? if you do, then it may be better to file a complaint first in the barangay and hopefully you can reach some form of agreement through the mediation of the barangay.

malicious mischief is intentional destruction of property. if it was through negligence, then the better charge may be reckless/simple imprudence resulting in damage to property.

can you tell us the details of what happened?

https://www.facebook.com/BPOEmployeeAdvocate/

5damage to property Empty Re: damage to property Sun May 23, 2010 1:33 pm

porgey


Arresto Menor

The thing is like a shack made of plywood and steel. He and his workers did not wait for me to supervise the dismantling and moving. The way they dismantled it is such that it cannot be put together anymore. Scrap nalang ang natira. I left the scrap materials with them and demanded they pay me or pay for the rebuilding but they would not agree.

I'm not sure where his registered address is, but should I still go to the barangay if he has a property in the same city as me?



Last edited by porgey on Sun May 23, 2010 1:51 pm; edited 1 time in total (Reason for editing : additional details)

6damage to property Empty Re: damage to property Mon May 24, 2010 8:03 am

attyLLL


moderator

with those circumstances, i do not recommend a criminal case because it does not appear to me that a crime was committed.

did you have a written agreement regarding the job to be done? were there written instructions on how the job was to be performed? were your objectives of preserving the shack clear to them?

i believe a civil case for damages is the proper recourse. you will however, have to prove that it was clear to them that the shack was meant to be preserved and had to be dismantled properly.

https://www.facebook.com/BPOEmployeeAdvocate/

7damage to property Empty Re: damage to property Mon May 24, 2010 1:16 pm

porgey


Arresto Menor

I see. Thanks. Will I not be able to claim damages if he claims that it was unintentional? There wasn't a written document but I have the construction plans of the shack and I have not yet given the go signal before he "tried to move it."

8damage to property Empty Re: damage to property Tue May 25, 2010 6:57 am

attyLLL


moderator

if you are able to convince the judge with whatever evidence you have and testimony that they were negligent, then you will be able to recover damages.

https://www.facebook.com/BPOEmployeeAdvocate/

9damage to property Empty Re: damage to property Tue May 25, 2010 7:12 pm

porgey


Arresto Menor

Should I need a lawyer if the damage claim is more than 100k? Could you also point me to a resource or website where I can learn the steps needed to file a damages complaint? Thank you very much.

10damage to property Empty Re: damage to property Thu May 27, 2010 1:11 am

attyLLL


moderator

i'm afraid the process for a regular complaint becomes far more complicated, you will have to retain a lawyer. the procedure is in the rules of court, but even lawyers still have trouble understanding them, even me.

https://www.facebook.com/BPOEmployeeAdvocate/

Sponsored content



Back to top  Message [Page 1 of 1]

Free Legal Advice Philippines » FREE LEGAL ADVICE » damage to property

Permissions in this forum:
You cannot reply to topics in this forum