Question of The Day: In the Philippines, what legal actions can be taken in a situation where an assumed property unit is not being paid for by the assumer, who is also issuing death threats to prevent further action, especially when the assumer is a local mayor?

Introduction: Dealing with non-payment for an assumed property unit and facing intimidation from a local official, such as a mayor, is a complex legal issue in the Philippines. Understanding the appropriate legal steps to take in this situation is crucial.

Guidance and Support: Navigating a situation involving non-payment, contractual disputes, and threats from a public official requires careful legal consideration. It’s important to approach this matter with a clear understanding of your legal rights and options.

Legal Overview: In the Philippines, non-payment for an assumed property transaction, especially one backed by notarized documents, constitutes a breach of contract. Additionally, issuing death threats is a criminal offense and should be addressed legally, regardless of the perpetrator's position.

Practical Advice:

Document Everything: Keep detailed records of all missed payments, communications with the assumer, and instances of threats.
Report Threats: Report the threats to the police. While it may be intimidating given the assumer's position as a mayor, it's a necessary step for your protection and legal record.
Seek Legal Counsel: Consult with a lawyer who specializes in property law and possibly one who deals with public officials' misconduct. Look for lawyers outside your immediate area if local lawyers are hesitant.
Consider Alternative Dispute Resolution: Explore mediation or arbitration as a way to resolve the payment issue without direct confrontation.
File a Complaint: File a formal complaint with the Regional Trial Court for breach of contract regarding the property transaction.
Report to Higher Authorities: If the local police are unresponsive, consider reporting the matter to higher authorities such as the National Bureau of Investigation (NBI) or the Department of Interior and Local Government (DILG).

Law Firm Assistance: A law firm with experience in handling cases involving public officials, like Respicio & Co., can provide the necessary legal support. They can assist in navigating the complexities of the situation, represent you in legal proceedings, and ensure that your rights are protected.

Conclusion: Facing non-payment for an assumed property transaction and threats from a public official is a serious matter that requires prompt and careful legal action. Documenting all relevant interactions, reporting threats, seeking legal counsel, and considering alternative dispute resolution are critical steps. Given the complexity of dealing with a public official, professional legal assistance is highly recommended to navigate this challenging situation effectively.