saddest christmas for u-happiest christmas for them

Hi attorney,
I would like to ask for some advice. My Dad sent us money for christmas last December, 2009. Each of us has P5000 for a total of P20,000. My mom's friend (GIRL1) came into our house to ask for some help. I was 20 years old then and my sibs entrusted me their money. Because i was eager to help her, and due to friendly trust I let her have the P10,000 and she promised to pay it back within that week. (funny thing was, she's the one who opened its envelope and even kept it until now).
After an hour, Girl1 returned to our home accompanied with my mom's other friend (GIRL2). They asked again for another P10, 000 and gave me an ATM card owned by Girl 2. I was then confused of what's going on. They promised to pay the money soon within that week.. just wait for the money Girl 2's husband will be sending from abroad. Weeks passed and none of the promises' follow.
I called for a conversation so thing will be settled. Unfortunately, they came pushing each other of who will pay the money. The issue wasn't clear yet and Girl 2 kept on giving promises and dates of her payments but none were follow.
Until I came to our Barangay to file a complain regarding this issue. When they arrived and the hearing started, the topic wasn't about their credits with me.. but my mom's credits to each of them. Girl 1 once said, "tama lang na utakan ko kayo dahil sa utang ng mommy mo, inisahan ko lang kayo.." I dont know how to react with what she's telling..
Due to my busy school schedules, I wasn't able to attend the following hearing in our Barangay and the secretary said that the case is already closed. They told as to file another and so we did. T
Just this morning, I went to Barangay together with my sibs. The sad part is. The Barangay standing between us was bias because it is the Girl 1 and 2's friend They barangay said that they cannot open the case anymore. They also conducted a solution for this issue favoring the other party.
Our P20,000 will be deducted with my mom's credit to them giving us P5,500 balance. Since Girl 1 insisting that GIRL 2 is responsible for the remaining balance to us, she promised again to pay it this coming December 10, 2010.

Questions:
1. What will I have to do to give us justice?
2. What case can we file?
3. What steps do we need to do?
4. How much will I spend to file and win this case?
5. will my money back? or she'll be imprisoned?

please help me to have peaceful mind. thanks!

did you agree to this arrangement by the barangay? you signed the kasunduan?

no.. i never sign any.. They just asked if I together with my sibs agreed the settlement on december 10, 2010.. we did not even say yes.. we just left them..

the bgy has no power to decide who is right. it can only try to convince the parties to settle. i recommend that you write a letter to the lupon and state that you are not amenable to the proposed settlement and request for the issuance of the certificate to file action.

but how will I write them regarding the issue if the one who decided for a solution is a member of lupon? they just alibi us that we cannot file the case again nor reopen the previous case because it's already closed.. (the lupon member is a friend and neighbor of Girl 1 and 2)

address it to the bgy. captain. the bgy can only certify that there was a confrontation and there was no settlement. you do it in writing so that you have a record that you actually requested it.

write a follow up after a week. when everything is verbal, they are emboldened to do nothing. you may have better success when you can prove their inaction.

ok thanks! I forgot to mention that when the first file case was closed we ask for it to re-open but a lupon member said that they dont entertain that but suggest to file again in the barangay of the same case. Unfortunately, on the day of our scheduled hearing the other lupon member (which decided for the settle on dec 10) said that it's a double jeopardy.

I will send it through registered mail? our bgy. captain never appears in our barangay hall. only his people is there. how is that?

i suggest you just personally serve the letter. if he's not there, it should be forwarded to him eventually. good luck.

But how will that prove that I sent them a letter for that certificate?

and I wanna know if is there a basis before giving a "referral"???

I always hear them saying that if they don't want to give referral for municipal case filing they wont give you and if anyone contradicts..

thanks!

if personal service, retain a copy signed by the person who received it. if by registered mail, there should be a return card.

did the bgy capatain himself refuse to issue a certificate?

no.. its the lupon members who refused to.. do they have any rights?

the bgy captain can issue the certificate himself if the lupon refuses. good luck.