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1legal advised Empty legal advised Sat May 13, 2017 11:30 am

love72


Arresto Menor

Hi Im love a newbie on this site asking for legal advise.

here you go:

My siblings and I owned a property leased by Petron Corp.  We issued an SPA to one of our siblings to represent us in the dealings , negotiation and collection of payments. Its a 10 yr contract which will end in the next 4 or 3 years.

Unfortunately 2 of my brothers as we are 6, created a rift on our properties.  They never remitted their earnings on our other properties which we are also part owners of.  In asking for a dialogue with them, they never want to cooperate and starting evading us.  Petron leasing has the biggest income potential for all of us.  We withheld their share on Petron rent for last year.  

Fuming mad to us remaining 4 siblings, they motioned a letter of revocation of the SPA to Petron.  Petron thinks and honor this as a valid and legal claim.  Do we have the right to insist the validity of the SPA since the contract is still in effect and 4 of us have expressed our disagreement on the revocation of the power of attorney?

Petron on the other hand told us that in such case that one of the principals expressed their revocation it will be honored and they will be paying us individually.  If that happens we will lose our claims to get the share for the tax payments from our 2 scalawag brothers, which is totally unfair.

Aren't we protected by the Civil Code of the Phil 1927 on the irrevocable SPA, since the contract is foregoing and it is a bilateral contract between Petron and us?

What protection or move can we make against the evil intention of my 2 siblings?

Thanks in advance ,

Love

2legal advised Empty Re: legal advised Tue May 16, 2017 10:22 am

Katrina288


Reclusion Perpetua

Yes, Petron is correct in saying that revocation by one of the principals will be honored because it is the principal's right to do so, unless the SPA was executed for a consideration which is not applicable to your situation.

What you can do is to send a demand letter to your two brothers for the unremitted earnings. The siblings who have claims against your two brothers should sign in the demand letter or you can have a lawyer prepare and sign it, your choice.

If they do not pay or do not respond to the demand letter, you may file a case against your brothers to collect the unremitted amounts. Depending on the amount owed to you and your siblings, it can be a small claims or a full blown collection case in court.

Regards,
Atty. Katrina

http://www.kgmlegal.ph

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