my business partner don't want to make refund of my capital money because of force majeur.

good day to all! i have a problem with my business partner. i need some advise please! we made a contract in planting 1 hectare of lacatan banana in cavite, he made a lease on the land for five years with the land owner,and on the contract it states that we will harvest approximately in 14 months, on this contract i stand as the financer of the project. around 10-12 months the person(moneth)that is our medium in paying the maintenance told our partner that we don't have any money anymore , this is due to miscommunication between my wife and moneth, but after a while we continued the maintenance.
16 months past they told me that the fruits need more ripening,after a few months we ask what happened and they told us the plantation was destroyed by the typhoon considering it reach already 20 months when that happened! so we told the guy to bring back our capital money that we invested but sadly he is not cooperative enough, he told us that he doesn't have any money yet and he volunteered that he will pay us when one of his property is sold, after some time we ask again how it's going, and he told us that ( to think of it he doesn't have to pay anything because we didn't follow the maintenanceof the crop and it is covered of the force majeur that happened to the crop. how can we deal with this kind of matter? i am not always in the philippines because i'm a seafarer in profession. hope to read your advise sooner! thanks and GOD bless!

how much is involved here. do you have a written agreement between you and the this person (aside from the lease contract)?

yes we have a written agreement between parties and the land owner. the propose cost of the project is around 288,000 pesos but we spent more than 300,000 pesos the net income is around 473,775 pesos estimated.
this is the sharing scheme and percentage:
Investor: P473,775x.50=p236,887.00
land owner: P473.775x.20=p94,756.00
technical/management: P473,775x.15=71,066.00
production crew: P473,775x.15=71,066.00

total: 473,775.00

on our memorandum of agreement is states on the other condition that:" any problem arise in the process of production shall be resolved mutually by both parties with an arbiter at their choice if necessary." thanks and GOD BLess once Again!

you have to investigate what really happened here; whether any bananas were really planted and destroyed in the typhoon; whether any harvest was ever made.

you will have to show there was negligence to make him liable for the losses. if there was abuse of confidence and money was misappropriated, then there may be a case of estafa.

but on its face, if all the funds were properly invested in the plantation, and there was valid reason why it reached 20 months and the typhoon, then force majeure will apply and no recovery can be made.