DISCLAIMER: This article does not create an attorney-client relationship between the author and the reader.  The answer of the author on the issue is just an expression of his general opinion based on Philippine law and hence does not constitute legal advice.

My former classmate has several questions about his property. One of his questions was whether he can file a case against the person who tried to sell his property without his consent. Can he file a case?

Yes, he can file a case at any time during office hours but on whether the case may prosper or not is another issue.

In Custodio vs CA, G.R. No. 116100, February 9, 1996, it is not enough that one’s legal right has been violated by someone else. To have a prima case capable to withstand, the violation of one’s legal right must have resulted to a loss or damage against his person or property. Otherwise, there is no case to speak of because wrong without damage (or damage without wrong) does not give one the right to institute an action.

In responding to the query, I shared these requisites to file action in mnemonic presentation, ROVDC, as a guide. All the requisites must be present so an action may prosper provided prescription or estoppel is absent.

You may consult a lawyer to assist you if certain condition precedents must be complied with before filing a case. Condition precedents are mandatory acts intended to resolve a conflict without going to the court. Failure to comply with the required condition precedents, the case is susceptible to dismissal for being premature. An example of condition precedent is barangay conciliation where parties are assisted to come into agreement to resolve the conflict. After compliance with the required condition precedent and the conflict is still not resolved, a case may now be filed in court.

Aggrieved lately? Filing a case should be your last resort! Find other legal means to resolve it without going to the court. You do not only avoid the costly litigation, but you avoid being stressed in attending court hearings.

(September 21, 2024)