Easy money on an easy case...Marceda Law

I HAVE PAID MEGAWORLD payments for 3 years...I stopped paying...sent them a notice I was stopping payment...I also sent them a notice regarding the Marceda Law...I wanted 50% of my monies returned....They responded that all monies paid were forfeited..

I will give an attorney 50% of the collected monies for filing and collecting on this simple case....Philippine law says I am entitled to a 50% refund if I have paid for 2 years or more....It just take a Lawyer to file the papers and go to court if needed..

I will be in Manila on the 23rd of this October 2012 and on the 12th of November...

Surely this easy case with a good money pay off would interest Law Students and or an Attorney friend../Teacher.

Thnx ... Robert

This is a misnomer from Maceda Law. What Maceda law provides is prohibition against oppressive conditions upon the buyer. From the facts, you did the first step - stopping of payment. Refund is only possible if there is an actual cancellation of the contract after thirty days from receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act and upon full payment of the cash surrender value to the buyer. From the statements above, there is no showing that you had received notice of cancellation from Megaworld.

The Megaworld sent me a cancellation of the contract and put in there that all monies I paid were forfeited to Megaworld to cover expenses/rents and etc.

So what do I do now... I plan to be in Manila on Oct 23 6pm at the Marriott Hotel Newport City Pasay....and again Nov 12th and 13th..I am bringing all my MegaWorld
papers and communications..

I would like to get legal papers filed with the proper Govt agency and pursue a case..

Thnx for answering me..., Robert..

Arresto Menor ...., I believe the agency the papers have to be filed with is H L U R B

Home Land Use Regulatory Board ..

I can't file the needed papers with this agency ... that's what I need a Lawyer or legal assistant to due...I will pay %50 of refund from Megaworld to the one who does this for me..

Thank you . Robert ....

You can file a complaint with HLURB arbiter invoking the following Supreme Court Decisions

1. G.R. No. 140468
January 16, 2003
OLYMPIA HOUSING, INC., vs.
PANASIATIC TRAVEL CORPORATION and MA. NELIDA GALVEZ-YCASIANO

2. Rillo vs. Court of Appeals, 274 SCRA 461

The Court posits that

"The enactment (Maceda Law) recognizes the right of the seller to cancel the contract but any such cancellation must be done in conformity with the requirements therein prescribed. In addition to the notarial act of rescission, the seller is required to refund to the buyer the cash surrender value of the payments on the property. The actual cancellation of the contract can only be deemed to take place upon the expiry of a 30-day period following the receipt by the buyer of the notice of cancellation or demand for rescission by a notarial act and the full payment of the cash surrender value."