Dear IBP Davao,
To help his friend who is an engineer, Engr. X, my husband took a loan for P2 Million and invested it on the project of Engr. X with a promise that they will divide the profit. Initial plans say that there will be a return after 3-6 months when the project is finished. 3 months after giving the P2M to Engr X, my husband found out that Engr. X left the project unfinished, put up a new company, and took Purchase Orders worth P3.9M for himself. My husband does not know a thing about construction and Engr. X was even present when my husband took out the loan. Although Engr. X was able to pay us P1.9M, it is still P100,000 short of the loan, not including interest. Can we sue Engr. X?
-Working Wife
Dear Working Wife,
Betrayal of trust is one of the worst things that can happen to us. Of course, filing a case is a right of every citizen, but it is important to look at the evidence you have in your possession to know identify the best remedy. You may share your story to a lawyer, bringing any evidence you have, so that the lawyer can assess what case or cases to file. One remedy is to file a criminal case for estafa, provided all the elements of the crime are present. You may visit the Office of the Prosecutor’s Office as they can assist you in drafting the complaint for this remedy.
Another remedy is to file a civil case for collection of money. You may even be eligible to file your claim under the Small Claims Court as this covers money claims of less than P400,000. You may visit the Office of the Branch Clerk of Court of the Metropolitan Trial Court at Hall of Justice, Ecoland, Davao City to get the pro-forma copy for filing a complaint before the Small Claims Court. After filling-up the forms, you would need a lawyer to notarize the documents, but lawyers are not allowed to appear before the hearing. Only one hearing will be scheduled by the Small Claims Court, after which, the judge will already render a decision.
Of course, as a professional governed by the Professional Regulation Commission (PRC), you likewise have the option to file an administrative case against Engr. X. All professionals are mandated to follow their respective profession’s Code of Ethics and there is a penalty for any violation of the Code. For grave abuse of the Code, Engr. X might even have his license revoked.
There might be other remedies available for you which your lawyer can advise you after examining your evidence. I hope by then, your trust will not be betrayed anymore. Nevertheless, in the event of violation by lawyers of our Code of Ethics, you may also file an administrative case before the Integrated Bar of the Philippines-Davao City Chapter for Davao City based lawyers. Our office is likewise located at Hall of Justice Compound.
Maintaining one’s peace through these trials is important though as there is a long road ahead of you. As Master Choa Kok Sui, the founder of Pranic Healing wrote, “Forgiveness is not a matter of who is right or wrong. It is a matter of doing the right thing. Compassion means to forgive. There is both Inner Forgiveness and Outer Forgiveness. Inner Forgiveness is for all people, but Outer Forgiveness should be done on a case-to-case basis. If the mistake or crime is serious, the offender cannot be forgiven externally. There has to be justice and order, without which there will be chaos.”
(IBP Davao Corner is a weekly column of Integrated Bar of the Philippines- Davao Chapter, giving legal advice as part of its legal aid program. The above legal opinion is based solely on the appreciation of the facts and problem given and stated above. The opinion may vary when other facts, circumstances, and situations are stated. You may send your comments and questions to ibpdavao@gmail.com.)
