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Need Legal Advice Regarding My Family Problem

Hi All,

Just want to hear any legal advice from you guys regarding my family problem. I know its a bit long but I hope you would have time to read it and share some advice. I really need some help/legal advice. Thank you.

Last year, both of my parents died leaving us 5 siblings (all boys) without parents. Since they died, we've been receiving SSS pension since 2 of my brothers are still under 21 and are still studying.

Fast forward, we moved in to my eldest brother's house since he is also the acting guardian of my 2 brothers. Although my eldest brother was receiving the money and although he is the acting guardian, I was the one managing the finances of my younger brothers' schooling and also all the household expenses. Everything was all fine but not until my brother had financial difficulties in managing his internet cafe business. Due to it, he tends to hold on the my brothers' pension allowance; thereby, making it difficult for me and my 2 younger siblings to pay the school expenses, their allowances and all the other household expenses. We've been continuously fighting about it ever since he had a problem with his business. Every time I asked for the money, he would get angry and agitated telling me to wait until he has time to withdraw or something (not sure why - maybe delaying for something personal). In fact, one time, even though he has the money, the time when I was not able to buy grocery for the household, he was so angry with me telling me that I kept cheating on him by depending on his business' income for my brother's allowances. Ofcourse, I would not be able to buy groceries if only he would give me the money but instead, he'd tell me bad things all day just because I was unable to buy the groceries. He'd delay giving me the money but if he knows that there's no grocery, he'd easily get angry. He would often tell me that his business is incurs more expenses because my 2 younger brothers are asking money from him for food. Well, it shouldn't be a problem for him since my younger brothers are also the ones running the shop. He shouldn't be angry about it because they are helping him run his business. But he still would get angry even if my younger brothers would just take PHP 30 each for a meal. Due to our continuous fights, I decided to let him manage the finances. Well, it did not go well. Every time my younger brothers would ask for school allowance or school fees, he would get angry at them and tell them to go ask money from me. He has all the money from the pension but he would still insist that it isn't enough and they should go ask the money from me. I know its not enough but I still would manage it as much as I can for as long as he would give me all the money. Then one day, I got fed up. I asked my brother to hand over the money because there is a pending school fee that needs to be paid immediately (or else my brother won't be able to take the exam). He got so mad that he told my younger brother that he would try to beat him up. He thinks that we kept on asking (or reminding) him about the money because we are afraid that he would use it. Well, we just asked him for the money to pay all the expenses but not because of the thought of fearing that he will use it for his own. Because of all of this, I decided to move out. My younger brothers decided to move out as well.

After we moved out, my eldest brother got so angry and he decided not to give any of the upcoming pension to my youngest brothers. He believes that because he is in financial trouble right now, we left him. We left him because of his bad and selfish attitude. We're still trying to apply another account in SSS to receive the pension in our own bank accounts but upon checking from SSS, for December (with BONUS worth PHP 27K) and January (worth PHP 11K) pensions, they will already be going to his account. We've asked him to send us the money but he told us he won't give us any penny. He just sent us the passbook but we won't be able to use it since it is under his name (he definitely knows about this too). Even worse, he tells us that he will demand us to pay all of the money he sent to our parents (from 2014) for help in our schooling or whatsoever. He will even ask my younger brothers who are still schooling to pay for all of the help he has sent to our parents.

Now, I just would like to us what we can do get the money from my brother and what measures can we do regarding his demand to pay all of the money he has sent to our parents. Since I am already working, I am willing to pay but not everything he has sent to our parents. I am only willing to pay the help he has sent on my tuition and other allowances but for my younger brothers who are not capable, I would like to know what we could do about it.

Thank you so much.

Comments

  • IronHandofJusticeIronHandofJustice Member PEx Guru 🎖️🎖️
    edited December 2019
    Dalawa lang, either file a legal case against him or talk to your two younger brothers na kayo na ang bahala sa isa't isa. 

    He cannot keep the money kasi legally it belongs to the qualified beneficiaries.

    If you choose the latter, mahirap pero that would teach you guys a good lesson. It will be more peaceful din. 

    Depende nalang siguro kung willing ka to burn bridges with him (or kayo). If yes, file a case.
  • mizzitdkmizzitdk Member PExer
    Dalawa lang, either file a legal case against him or talk to your two younger brothers na kayo na ang bahala sa isa't isa. 

    He cannot keep the money kasi legally it belongs to the qualified beneficiaries.

    If you choose the latter, mahirap pero that would teach you guys a good lesson. It will be more peaceful din. 

    Depende nalang siguro kung willing ka to burn bridges with him (or kayo). If yes, file a case.
    thank you so much for your advice po. How about his demand na gusto niya pabayarin yung mga kapatid ko sa naibigay niya nuon? How can I protect yung mga kapatid ko po? Wala pa po silang kakayahan magbayad. Just would like to know ano po magagawa namin. Thanks

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