Early this month, the Supreme Court of the Philippines launched the Small Claims Case Monitoring System that aims to streamline the processes in hopes of fast tracking the release of case resolutions.
Since October 2008, the Supreme Court created Small Claims Courts to make it accessible for anyone to file a case against anyone who owes them money. You don’t need a lawyer and it only cost a small fee to file a case against any individual or business as long as the total claim will not exceed P100,000.
Watch this short video to learn more about the Small Claims Court.
This will make it easy for anyone to file a claim against a bogus seller or a bogus buyer. Learning this can somehow comfort you that you can easily seek legal remedy should someone fail to pay you or refuses to pay for any reason.
What does this mean to bogus buyers? It means that their days are numbered.
Under Article 1595 of the Civil Code of the Philippines:
“Under a contract of sale, the ownership of the goods has passed to the buyer and he wrongfully neglects or refuses to pay for the goods according to the terms of the contract of sale, the seller may maintain an action against him for the price of the goods.”
Contrary to popular belief, a contract doesn’t always translate into a written agreement and in most cases, we enter numerous contracts verbally. Once a verbal contract has been partially or completely consummated, the contract is therefore fully enforceable and the same logic can be used when one mutually agrees via email, text or tweet.
What to do to avoid becoming a bogus buyer? Properly cancel your order by notifying the seller before your payment is due. Article 1597 of the Civil Code of the Philippines provided a provision to allow the seller to cancel the contract of sale so long as proper notification is also given to the buyer. Failure to notify the seller may mean that there was a malicious intention to deceive and may lead to a lawsuit.