Q. I’ve written to you before for legal view and it was a big help for us in making our decision. I am writing to you again to solicit for legal information that can course us through to the right direction.
My sister bought a 2-bedroom unit in a walk up condominium in Manila sometime in 1996. A French national owned it but there was a Filipino lawyer who acted for and on her behalf by virtue of a Special Power of Attorney (SPA) that was signed by my sister.
It was paid in full with the verbal agreement that they will do the registration, transfer and the payment of the capital gains taxes. After the sale, my sister took over the property and had it rented.
All original documents pertaining to this condominium are in the hand of the Filipino lawyer. The ownership documents were entrusted to this lawyer for the purpose of transferring the title in the name of my sister.
What my sister have, are only photocopies of these documents.
Until now, this Filipino lawyer has not transferred the Condo Title despite the constant prodding of my sister. His reason was that he did not expect the Capital Gains taxes to be so high that he was making a deal with an insider in the BIR to lower it, but this never materialized.
It has been almost twelve (12) long years of already since the transaction took place. In order to settle the problem, my sister offered that she will take care of the expenses, taxes and all and asks for the original documents. He neither said yes nor said no and now he does not communicate with her anymore.
Until now, she doesn’t know what to do. She is living in the US, struggling in this economy and wants to have peace of mind by putting things in order. What action can she take against this Attorney to force him to hand her original documents so she can register and transfer the condominium in her name? Are there other options available to her? I want to help her solve her problem so I wrote to you. Thank you very much and I hope and pray for your continued success and good health. CC
Ands: It is sad to hear that a brother in the legal profession doing such unprofessional and unethical conduct to a client. Your sister could do the following:
1. Engage a professional services of a lawyer based in Manila and for him to make official representation on behalf of your sister, and demand the following:
1. To turn over the original documents and render an accounting to the entrusted funds in his possession (for the payment of the taxes, fees and expenses incident to the sale and supposed transfer of the property to your sister).
2. Failing to comply with this formal/written demand, file a disbarment case against this lawyer and initiate Criminal and Civil proceedings against him for malpractice and damages.
3. To verify with the office of Register of Deeds the actual condition of the subject condominium property as reflected in their official files and records. The findings of this office, will guide your sister and her lawyer what appropriate courses of actions will have to be done in order to protect your sister’s rights and interest without further delay.
4. To confer with the Office of the Assessor’s office as regards the real estate taxes status of the subject condo unit.
5. To verify with the Condominium management the current status of the subject condo unit in question per their official records and to request for issuance of such official certificate attesting to the status of the said property as appearing in their records. (Ex. The Registered owner of the Condo unit as shown in their records, the occupants, the arrears of association dues, if any, among others).
Looking forward you’ll find the above in order. Thank you for writing.
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