Legal Question in Real Estate Law in Philippines

My condominium unit & parking slot were turned over to me back in June 2009. A month prior to turnover, the seller (DMCI) confirmed that bank financing was already settled with my bank. DMCI pulled out my monthly amortization PDCs since they assessed that my loan already covers both the unit and parking slot. Everything was okay and I was able to use my unit and parking slot without issues.

From July 2009 to 2012, I regularly visit DMCI office every year to pay for my real estate tax. As part of my regular visit, I always ask for a statement of account. DMCI never responded with a SOA. Instead, they credited me with P65, 000.00 in Dec 2009. And P35, 000 in Dec 2010 with the confirmation that these are excess payment from me and I have NO outstanding balance with DMCI.

In June 2012 (3 years after turnover), DMCI sent me a statement of account detailing that my parking slot is not yet fully paid and penalizing me about P150K. The parking slot remaining principal is P290K. I checked with DMCI & my bank and indeed the parking slot was not covered by my bank loan. I'm completely puzzled why DMCI decided to pullout my MA PDCs in 2009. The parking slot was turned over to me. I was able to use it for 3 years. And they credited back money to me each year. And yet they go back to me and penalize me for their 3 year mistake in accounting.

I am willing to pay for the remaining principal. But they went back to me and charge me with interest (P180K). I have been in back and forth discussion with DMCI in the past 8 months to waive the interest.

Thanks in advance for your expert advice.


Asked on 1/23/13, 7:08 pm

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

If they have the negligence then you can enforce your right by suing them unless you have some options of settling the issue without suing them for their obvious mistake. Or you can try writing them and informing them about those incidents you narrated here with the end in view of shifting the blame to them then ask for the waiver of the interest. If they decline your demand then you have no option but to sue them.

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Answered on 1/23/13, 7:44 pm


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