Dear Attorney,
I am a small business owner in the Philippines, and I’ve been receiving harassing messages from a supplier demanding payment in pesos for a delivery that was not made. They are threatening legal action and spreading false information about me within our business community. Despite explaining that the delivery was never received, they continue to harass me. I’m deeply concerned about the potential damage to my reputation and the possible legal implications. What legal steps can I take to address this harassment and protect my business?
Insights
In situations like this, where harassment and defamation are involved, it is important to address the issue promptly and through the appropriate legal channels.
First, it is essential to gather and document all evidence related to the harassment. This includes saving all communications (e.g., text messages, emails) where the supplier demands payment or makes defamatory statements. Documentation will be crucial in proving your case if the situation escalates to a legal dispute.
Regarding the supplier’s demand for payment, you are not legally obligated to pay for goods that were not delivered or received. Under Philippine law, specifically the Civil Code of the Philippines, a contract of sale obligates the seller to deliver the thing sold and transfer ownership to the buyer upon payment. If no delivery was made, the obligation to pay does not arise. You may refer to Article 1475 of the Civil Code, which states that the contract of sale is perfected when there is an agreement as to the object and the price, and the buyer must have the opportunity to inspect and accept the goods before payment.
Given the harassment, you may consider sending a formal demand letter to the supplier, clearly stating that no delivery was made and therefore no payment is due. This letter should also request that they cease all forms of harassment and defamation immediately. If they persist, you have the right to file a complaint with the barangay or directly with the court for harassment or defamation under Article 353 of the Revised Penal Code, which penalizes libel. Libel involves the public and malicious imputation of a crime, vice, or defect that can harm a person’s reputation, and in your case, it seems the supplier’s actions may fall under this category.
Additionally, consider seeking a barangay conciliation if the matter is still manageable within the community level. Barangay conciliation is a prerequisite to filing a case in court for disputes like this, according to the Katarungang Pambarangay Law, unless the situation has escalated to a point where conciliation is no longer possible or feasible.
Finally, if the harassment continues despite your efforts, you may seek a Temporary Restraining Order (TRO) from the court to prevent further harassment. A TRO can be obtained as a provisional remedy while the case is being heard, which would legally prohibit the supplier from continuing their harassing actions.
It’s advisable to consult with a lawyer to guide you through these steps and ensure your rights and business are fully protected.