ANGELO IBAEZ GARGARITANO

DEMAND LETTER
TO: Atty. Angelo Luis Cabanes
Legal Department, Head
ABCD Asia Bldg. Park Residences,
Pasig City, Metro Manila, Philippines
FROM: Marahomsalic Legal Clinic
Tower One and Exchange Plaza, Ayala Avenue, Ayala Triangle, Makati City, Metro
Manila, Philippines
October 10, 2016
Good day Sir.
Our office is representing our client, Ms. Angelica in this issue.
On June 3, 2007, Ms. Angelica purchased from your company a condominium
unit located at Field Park Residences, Pasig City. It is stipulated in the contract that
you have executed in light of the sale that the purchase price of the unit alone is TWO
MILLION SEVEN HUNDRED NINETY THREE THOUSAND FOUR HUNDRED
TWENTY PESOS (Php 2,793,420.00).
As agreed upon, our client, Ms. Angelica, has paid the ten percent (10%) down
payment. The ninety percent (90%) balance which shall be payable in ten (10) years
with an eighteen percent (18%) interest per annum, which is FORTY SIX
THOUSAND FOUR HUNDRED THURTY NINE PESOS AND THREE
CENTAVOS (Php 46, 439.03) per month, has been faithfully paid by Ms. Angelica
from May 5, 2007 until August 15, 2010. The forty monthly installments have
accumulated to the amount of TWO MILLION ONE HUNDRED THIRTY SIX
THOUSAND NINE HUNDRED AND THREE PESOS AND TWENTY
CENTAVOS ( Php 2,136,903.20).
On November 22, 2008, Ms. Angelica also purchased a 12.50 square meter
parking space located still at Field Park Residences, Pasig City for the amount of
THREE HUNDRED EIGHTY SIX THOUSAND ONE HUNDRED SEVENTY SIX
PESOS AND EIGHTY FOUR CENTAVOS (Php 386,176.84) which was payable in
twelve monthly installments or TWENTY EIGHT THOUSAND SIX HUNDRED
SEVENTEEN PESOS AND SIXTY EIGHT CENTAVOS (Php 28,617.68) per
month. Ms. Angelica, however, was charged FOUR HUNDRED ONE THOUSAND

SIX HUNDRED TWENTY THREE PESOS AND EIGHTY SEVEN CENTAVOS

(Php 401,623.87) in total, including closing fees of the Contract, in the timespan of
November 4, 2008 to December 30, 2009.
ABCD has failed, however, to produce the Official Receipts for the following
paid installments:
1) Condominium Unit-316: December 2009; January, February, April and May of
2010 (five months)
2) Parking Space: Payment on 24 December 2009 worth Php 15,447.07 and 30
December 2009, worth Php 28,963
Ms. Angelica Armstrong has also spent more than the amount of SIX
HUNDRED THOUSAND PESOS (Php 600,000) to refurbish the Condominium
Unit.
On September 2011, through an e-mail to ABCD, Ms. Angelica Armstrong
requested that the remaining monthly installments of the Condominium Unit be
restructured from the previous interest rate of eighteen percent (18%) to a lesser
interest rate of ten percent (10%) which ABCD charged to its new buyers.
On April 11, 2012, Ms. Angelica Armstrong had received a Notice of
Cancellation/Rescission dated April 3, 2012 involving the Contracts of the
Condominium Unit and the Parking Space. It was stipulated in the contract that Ms.
Angelica Armstrong is given by your company thirty days from the receipt of the
letter to settle the account, otherwise the unit shall automatically be cancelled and
rescinded and shall be sold to other buyers.
In a reply dated April 17, 2012, Ms. Angelica Armstrong stated that ABCD has
breached its obligations to deliver the CCT on the Parking Space and the receipt of
some installment payments. She also offered to update the unpaid balances payable
within four months and requested that ABCD waive the penalties. Ms. Angelica
Armstrong has also provided her new office address located at Unit 406, Verde
Condominium, Valle Verde 1, Gate 2, E. Rodriguez, Jr. Avenue, Pasig City for ABCD
to send the subsequent correspondences to the same.
ABCD came up with a computation approving the four-month installments Ms.
Angelica Armstrong has requested but refused to waive the corresponding penalties
amounting to FOUR HUNDRED FIFTY SIX THOUSAND NINE HUNDRED
FIFTY EIGHT PESOS AND THIRTY FOUR CENTAVOS (Php 456,958.34).
Our office has previously sent you a letter dated May 14, 2012 citing the
reasons on the oversight and lapses of issuing additional postdated checks and of not
addressing your reciprocal obligations to Ms. Angelica Armstrong. We have informed

you, on behalf of Ms. Angelica Armstrong, that she will not be paying until you have
delivered the CCT of the Parking Space and start paying at least one percent (1%) per
month as penalty charges on the purchase price of the the same.
On June 16, 2012, the father of Ms. Angelica Armstrong, Mr. Neil Armstrong,
saw a Notice to Vacate posted by you, ABCD, dated June 1, 2012. It was provided in
the Notice that you have given Ms. Angelica Armstrong five days to initiate
ejectment proceedings and demanded THIRTY THOUSAND PESOS (Php 30,000)
rental fee for the unit every month. However, no notice was sent to Ms. Angelica
Armstrong's office.
Then, on June 27, 2012, Ms. Angelica Armstrong arrived with a couple of
family members in the Condominium Unit only to see that it was padlocked. The
security guard informed them that it was your legal counsels who padlocked the unit.
This demand letter is written on behalf of our client, Ms. Angelica Armstrong,
to inform you that despite the damages done towards her person and her family, i.e.:
1) the suffering of Ms. Angelica Armstrong's mother, Mrs. Herminia
Armstrong, from asthma and emphysema in going up and down the building;
2) the trauma the event has cause to Ms. Angelica Armstrong's cousin, Mr. Mig
Ryan, who is a minor; and
3) the humiliation and irreparable damage to the person and reputation of Ms.
Angelica Armstrong, a former beauty queen who won the coveted crown of Mutya ng
Pilipinas Asia-Pacific 2002,
and the blatant breach of contract that have occured, i.e. the failure to:
1) release the CCT of the purchased Parking Space located at Field Park
Residences, Pasig City; and
2) provide the necessary receipts of the installment payments made by Ms.
Angelica Armstrong,
we are willing to negotiate and settle things out of court.
We only demand the following conditions:
1) that you release the CCT of the purchased Parking Space
2) that you provide the necessary receipts of the installment payments made
3) that you allow Ms. Angelica Armstrong to pay the balance of the
Condominium Unit through a bank loan, after the preceding demands have been met.
As provided for in Article 1192 of the Civil Code, In case both parties have
committed a breach of the obligation, the liability of the first infractor shall be
equitably tempered by the courts. If it cannot be determined which of the parties first
violated the contract, the same shall be deemed extinguished, and each shall bear his
own damages, and as provided in Section 4 of Presidential Decree No. 115 (1973), or
the Providing for the Regulation of Trust Receipts Transactions,:

Section 4. What constitutes a trust receipt transaction. A trust receipt

transaction, within the meaning of this Decree, is any transaction by and
between a person referred to in this Decree as the entruster, and another
person referred to in this Decree as entrustee, whereby the entruster, who owns
or holds absolute title or security interests over certain specified goods,
documents or instruments, releases the same to the possession of the entrustee
upon the latter's execution and delivery to the entruster of a signed document
called a "trust receipt" wherein the entrustee binds himself to hold the
designated goods, documents or instruments in trust for the entruster and to sell
or otherwise dispose of the goods, documents or instruments with the
obligation to turn over to the entruster the proceeds thereof to the extent of the
amount owing to the entruster or as appears in the trust receipt or the goods,
documents or instruments themselves if they are unsold or not otherwise
disposed of, in accordance with the terms and conditions specified in the trust
receipt, or for other purposes substantially equivalent to any of the following:
1. In the case of goods or documents, (a) to sell the goods or procure
their sale; or (b) to manufacture or process the goods with the purpose of
ultimate sale: Provided, That, in the case of goods delivered under trust
receipt for the purpose of manufacturing or processing before its
ultimate sale, the entruster shall retain its title over the goods whether in
its original or processed form until the entrustee has complied fully with
his obligation under the trust receipt; or (c) to load, unload, ship or
tranship or otherwise deal with them in a manner preliminary or
necessary to their sale; or
2. In the case of instruments,
a) to sell or procure their sale or exchange; or
b) to deliver them to a principal; or
c) to effect the consummation of some transactions involving delivery to
a depository or register; or
d) to effect their presentation, collection or renewal
The sale of goods, documents or instruments by a person in the business
of selling goods, documents or instruments for profit who, at the outset
of the transaction, has, as against the buyer, general property rights in
such goods, documents or instruments, or who sells the same to the
buyer on credit, retaining title or other interest as security for the
payment of the purchase price, does not constitute a trust receipt
transaction and is outside the purview and coverage of this Decree.
We only demand what is stipulated in the contract you executed and what is
required by the law. We hope that you will agree to our demands and we look forward
to having this settled as soon as possible.
Sincerely,

Atty. Angelo Ibaez Gargaritano

Legal Counsel
Marahomsalic Legal Clinic