28 June 2013

Engr. OCTAVIO DG. CANTA

Regional Officer, HLURB-Northern Tagalog
3rd Flr., Insular Life Bldg.
Dolores, City of San Fernando
Pampanga

Gentlemen:

Re: Cancellation of Joint Venture Agreement

Between A.B. Finez and Justino Tiamsic, Jr.
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We write on behalf of our client, A.B. Finez Engineering

Services (AB Finez).

On June 14, 2009, AB Finez and the late Justino Tiamsic, Jr.
entered into a Joint Venture Agreement (JV). Accordingly, the JV was
annotated in Transfer Certificate of Title No. T-456897 (M) as per Entry
2011013218 dated 05 August 2011.

The JV was entered into for the development of a subdivision

project now registered as EEJ North Villas with this Office under
Certificate of Registration No. 22582 and License to Sell No. 24196,
both dated 31 May 2011.

On 26 July 2012, AB Finez, through undersigned counsel, wrote

the late Justino Tiamsic, Jr. informing him that two (2) of fully paid lot
buyers in EEJ North Villas Project have demanded the release of the
Transfer Certificates of Title covering the lots they purchased. Further,
AB Finez reminded the late Justino Tiamsic, Jr. of his 8 December 2011
sworn undertaking to execute the necessary Deed of Absolute Sale and
to release the corresponding Owner’s Duplicate Copy of Title in favor
of a buyer who fully pays for the lot within EEJ North Villas, within
three (3) days from notice and upon showing of receipts evidencing
the buyer’s full payment as supplied by the Plaintiff.

Thus, plaintiff requested the late Justino Tiamsic, Jr. to release

the Transfer Certificate of Titles covering Lot 11, Block 4 and Lot 6
Block 8 of the EEJ North Villas, or in the alternative, to provide AB
Finez with a date when he can come to the EEJ North Villas Project site
office so that AB Finez and the late Justino Tiamsic, Jr. can jointly
surrender/hand-over the Transfer Certificates of Title to the two full
paid buyer-owners. Aforesaid demand went unheeded. A copy of the
26 July 2012 letter to the late Capt. Tiamsic is hereto attached as Annex
“M”. Likewise attached is a copy of the 13 August 2012 letter of
Commissioner Linda L. Malenab-Hornilla of the HLURB
acknowledging AB Finez’s 26 July 2012 letter to the late Justino
Tiamsic, Jr. demanding the release of Transfer Certificates of Titles for
fully paid buyers.

After the death of the late Justino Tiamsic, Jr., or on 25 October

2012, AB Finez wrote Mrs. Emma Buenaflor Tiamsic to inform her of
the development of the EEJ North Villas Project and being an
identified living heir and a conforming signatory to the Joint Venture
Agreement and, thus knowledgeable to the terms and conditions of
the contract, AB Finez invited Mrs. Tiamsic to sit down with Plaintiff
to discuss further the pending completion of the EEJ North Villas
Project. Mrs. Tiamsic refused to receive AB Finez’s letter-invitation for
a meeting, thus, a copy thereof was sent through a courier.

In view of the death of Justino Tiamsic, Jr. and considering the

fact that the Transfer Certificates of Title covering the subdivided lots
of TCT No. T-456897 (M) are in the possession of the heirs of the late
Justino Tiamsic, Jr. (namely, Mrs. Emma Buenaflor Tiamsic, Elaine
Tiamsic-Francisco and Jeremy Tiamsic, herein referred to collectively
as the “Tiamsics”), AB Finez talked to Mrs. Tiamsic to explain to her
that she and the rest of the Heirs should comply with the provisions
the Joint Venture Agreement, which she also signed.

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 Mrs. Tiamsic refused to comply and even declared that she and
the rest of the Tiamsics can do whatever they want with the titles in
their possession since said titles are in the name of Capt. Tiamsic. Mrs.
Tiamsic threatened that they would sell the lots on their own and
would even mortgage the titles of the subdivided lots to secure their
alleged family’s share in the profits of the sale of the lots.

Verily, the late Justino Tiamsic, Jr. and now his heirs are
unlawfully withholding the subdivided titles from the fully paid end-
buyers of EEJ North Villas contrary to the 08 December 2011 Sworn
Undertaking of the late Justino Tiamsic, Jr. to release the
corresponding Owner’s Duplicate Title in favor of a buyer who fully
pays for the lot within the EEJ North Villas Project. A copy of the 08
December 2011 Sworn Undertaking of the late Justino Tiamsic, Jr. is
hereto attached for easy reference.

Thus, when the Tiamsics refused to heed our client’s repeated

demands to comply with 08 December 2011 Sworn Undertaking of the
late Justino Tiamsic, Jr. coupled with Tiamsics’ threat to sell, encumber
and dispose of the subdivision lots to person of their choice to the
utmost prejudice of bonafide buyers of the EEJ North Villas Project, we
filed an action to compel the Tiamsics to deliver the TCTs covering the
subdivision lots of the EEJ North Villas Project and to restrain any act
of interference in the implementation of the JV and development of the
EEJ North Villas Project. The case against the Tiamsics is now pending
before the Regional Trial Court of Quezon City entitled “Alberto B.
Finez vs. Heirs of Capt. Justino C. Tiamsic, Jr. namely, Emma
Buenaflor Tiamsic, Elaine Tiamsic-Francisco and Jeremy Tiamsic”
docketed as Civil Case No. Q-13-72563.

Recently, it has come to the attention of our client that the

Tiamsics are seeking from this Office the cancellation of the JV
allegedly on the ground that the late Justino Tiamsic, Jr. or the
Tiamsics have not received anything from AB Finez.

There is simply no truth to the Tiamsics’ claim. Please be

informed that during the lifetime of the late Justino Tiamsic, Jr., he has
received substantial advances from AB Finez not to mention the value

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of the lots he appropriated for his brother and lawyer, Atty. Galit. As
we were hoping to completely settle issues relating to the EEJ North
Project and totally wind up the affairs of the Tiamsic-AB Finez
partnership, we were hopeful that the Tiamsics will raise the alleged
non remittance of their share as a counterclaim in Civil Case No. Q-13-
72563. Unfortunately, based on their refusal to coordinate with our
client to comply with the obligations of the JV to the buyers, they are
obviously not concerned with their share but they would want the
Project for themselves and avail, for their own benefit, the
developments that AB Finez has thus far invested in the project.

The Tiamsics may have also presented before this an Order

issued by the Regional Trial Court of Quezon City Branch 218 where
the case filed by our client is pending entitled “Alberto B. Finez vs. Heirs
of Capt. Justino C. Tiamsic, Jr. namely, Emma Buenaflor Tiamsic, Elaine
Tiamsic-Francisco and Jeremy Tiamsic” docketed as Civil Case No. Q-13-
72563.

Please be informed that we have filed, as a matter of right, an

Amended Complaint for Winding Up and Completion of Unfinished
Partnership Transactions. In said Amended Complaint, our client, as
the sole surviving and liquidating partner, seeks to wind up and
complete all transactions entered into pursuant to the JV.

We trust that we have clarified matters concerning the specious

claim against AB Finez and that the foregoing will enlighten this Office
as to the unmeritorious request of the Tiamsics.

Should you feel that a meeting will help in further enlightening

this Office regarding the foregoing, please do not hesitate to
communicate with AB Finez or the undersigned.

Very truly yours,

WINSTON P.L. ESGUERRA

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 ERIC C. CRUZ

MARIA CRISTINA PORTIA G. GUEVARRA

Copy Furnished:

Atty.  LINDA L. MALENAB-HORNILLA 

Commissioner
Housing and Land Use Regulatory Board,
HLURB Building, Kalayaan Ave., Diliman, Quezon City
Supervising Commissioner for Northern Tagalog Region - NTR
(Region III)

Atty. DUNSTAN T. SAN VICENTE

Head, Monitoring & Adjudication Division
Housing and Land Use Regulatory Board, Region III
3rd Floor, Insular Life Bldg., McArthur Highway
Dolores, City of San Fernando
Pampanga