ACOSTA LAW OFFICE

25 Mabini St. Poblacion 1, Oroquieta City, Misamis Occidental

(088) 531 1185
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July 28, 2022

Mary Rose Lumantas-Bernaldez

Purok 3, Lower Lamac
Oroquieta City, Misamis Occidental

Dear Madam:

I am writing this letter in behalf of my client CERGIL U. TAN who referred to me this
matter about your failure to comply with your obligation concerning a Deed of Sale
Under Pacto De Retro which you have entered with my client dated 1 December 2015,
with its considerations, terms and conditions, which reads:

“A PARCEL OF LAND, identified as Lot No. 5962-Part, situtated at Lower

Lamac, Oroquieta City, xxx containing an area of NINE THOUSAND FOUR
HUNDRED SIXTY-ONE (9,461) SQUARE METERS, more or less declared in Tax
Declaration No. 211656. Still in the name of the late Victoriana Cabrisos.”

“That the VENDORS-A-RETRO, for and in consideration of the sum of Pesos:

ONE HUNDRED THIRTY THOUSAND PESOS (Php130,000.00), only,
Philippine currency, to them in hand paid by and receipt whereof is hereby
acknowledged by them from the VENDEE-RETRO, do hereby SELL, TRANSFER,
and CONVEY, by way of PACTO DE RETRO, unto the said VENDEE-A-RETRO,
his heirs, successors, or assigns the above-described parcel of land as the share of
the late ELMER LUMANTAS, one of the surviving children of the late Victoriana
Cabrisos, the registered owner of the above-described real property;

“That the VENDORS-A-RETRO, in executing this conveyance, hereby reserves

the right to REPURCHASE and the VENDEE-A-RETRO, in accepting the same,
hereby obligates himself to RESELL the above-described parcel of land, after six
(6) months, from the date of execution hereof, for the same price of ONE
HUNDRED THIRTY THOUSAND PESOS (Php130,000.00) only, Philippine
currency;

“That the said property is registered under the Provision of Sec. 113 of
Presidential Decree No. 1529, as amended;”

The Deed of Sale Under Pacto De Retro is herein attached and marked as Annex “A”.
That the parties in this subject Deed of Sale under Pacto De Retro are you yourself and
your mother, Mrs. Letecia P. Lumantas. I would like to remind you that the principal
amount above-mentioned subject consideration of the Deed of Sale under Pacto De
Retro which you are under obligation to pay my client is still unpaid together with its
accumulating interest at a rate of six percentum (6%) per annum until fully paid. It
must be noted that in the subject Deed of Sale under Pacto De Retro, that your right to
repurchase the subject parcel of land must be made within six (6) months from the date
of the execution of the subject Deed of Sale under Pacto De Retro which should have
been exercised by you sometime in the first week of June 2016 which you have failed to
avail and act upon.

That a handwritten agreement was entered between you and your husband, OSCAR Y.
BERNALDEZ, and my client in which you also received FIFTY THOUSAND PERSOS
(Php50,000.00) from my client, this with a five percentum (5%) interest rate per month
payable within six (6) months dated 15 Decemeber 2015, as annexed to that of the
above-mentioned Deed of Sale Under Pacto De Retro. The handwritten agreement
being annotated on the back of the subject Deed of Sale Under Pacto De Retro is herein
attached and marked as Annex “B”.

In behalf of my clients, I call upon your attention and demand that you comply your
obligation the soonest with my client. Failure to comply and deliver on your part would
force my client to act upon their right and interests in accordance with law, and file a
civil action against you and your mother before the court.

It has also come to my clients knowledge that the subject parcel of land has been
recently occupied and used by another as a construction supply store and have been
paying rent to you and to your best interest and benefit and to the prejudice and
detriment to that of my client’s right and interests as a vendee-a-retro entitled to the
possession, use, enjoyment, and fruits of the subject parcel of land. It should have been
that my client is entitled to all the benefits of possession, use, enjoyment, and fruits of
the subject parcel of land being the vendee-a-retro to which under the law you are
bound and under obligation to provide.

My clients are open to such and any offer of amicable settlement from your clients and
on such terms favorable to my clients in such a way as to resolve this matter in a win-
win resolution both within and without the intervention of legal counsels to prevent the
matter from escalating into the rigors of a full-blown litigation.

Finally, my client however despite the long period of time is giving you the chance to
fulfill your obligation. It is in this connection that I am giving you ten (10) days from
receipt of this DEMAND LETTER to give your answer. Otherwise, you leave us with no
choice but to file a case against you in court in order to protect the interest of my client.
Please give this matter your serious preferential action.

Sincerely,

ATTY. MAXRIO LOUEL R. SIMBAJON, MBM

Acosta Law Office
Counsel for Cergil U. Tan