Dear Attorney,

I am writing to seek legal advice on a situation I find myself in. I owe money to my lessor, and at their insistence, I signed a promissory note. Although I had some concerns about certain provisions that seemed excessive, I went ahead and signed to avoid conflict. According to the note, I promised to pay the amount by the end of 2024.

The relationship with my lessor has deteriorated. Despite having a close relationship before, they suddenly asked me to vacate the property, which I complied with immediately to prevent further issues. However, after this, they began sending me threatening and abusive messages, accusing me of theft and other false claims. They have even made threats to involve my children in legal action and have demanded that I return certain items that I did not take.

This situation has severely affected my mental health. I am a person with a disability (PWD) due to major depression and severe anxiety. Unfortunately, I was unable to renew my PWD card due to financial difficulties and the lack of a recent medical check-up. This ongoing harassment has caused me to relapse, and I now find it difficult to seek medical help due to my current circumstances.

Given this situation, I would like to know if I have grounds to file a case for harassment or emotional distress against my lessor. I am also concerned about the legal implications of the promissory note I signed under duress. Any advice you can provide would be greatly appreciated.

Sincerely,
A distressed tenant with mental health concerns

Insights:

In this situation, there are several legal issues to consider:

Promissory Note Validity:
If you signed the promissory note willingly, even under emotional stress, it is still legally binding. However, if you can prove that you signed it under duress or undue influence, such as being pressured to sign terms that were not agreed upon beforehand, there may be a basis to challenge its validity. The court would evaluate if you were coerced into signing the note under unfair circumstances. It would also be relevant to assess whether any unreasonable or unlawful terms were added that could potentially void the contract.
Harassment and Emotional Distress Claims:
You may have a valid claim for harassment, especially if the lessor's threats and abusive communications are persistent and intended to cause fear, anxiety, or distress. Under Philippine law, harassment can be a civil or criminal offense depending on the gravity of the situation. Given that the threats have also caused you significant emotional distress and have exacerbated your mental health condition, you could potentially file a claim for emotional distress. You would need to gather evidence such as messages, emails, or witnesses to support your claim.
Mental Health as a Factor:
Your mental health condition and disability status may be important in the legal process. If the harassment worsened your condition, you could argue that the lessor's actions are directly responsible for your relapse. It is advisable to gather medical evidence supporting your mental health struggles, even if your PWD card has expired, to present a strong case.
Senior Lessor and Overseas Jurisdiction:
Since your lessor is a senior citizen residing in Australia, it may add complexity to pursuing legal action, especially if the lessor files a case or if you need to file a counterclaim. Jurisdictional issues may arise, and any case against the lessor would need to be pursued in the Philippines if the property and transactions occurred there. The lessor's age may also factor into any legal arguments or settlement discussions.
Resolution Strategies:
It is often advisable to seek mediation as a first step before escalating to legal proceedings, particularly in landlord-tenant disputes. Mediation could help reach a peaceful resolution without incurring the costs and emotional strain of a full legal battle. However, if mediation is unsuccessful and the harassment continues, you may need to pursue legal remedies to protect your rights.

Given the complexity of your situation, it is recommended that you seek immediate legal assistance to explore the possibility of filing a harassment case, reviewing the terms of your promissory note, and protecting your mental well-being throughout the process. A lawyer can also help you document the threats and abusive behavior, which will be essential for any legal action you take.