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MA.

JAN DOE
0-09 Mt. Diwata St., Capistrano Complex,
Gusa, Cagayan de Oro City

Reference Deed of Absolute Sale between Dahilayan Forest


: Park Inc. and Patria Aurora B. Roa of a two-
bedroom condominium unit located at 21 st Floor
Unit 18, Centrio Tower 1, Corrales St., Brgy. 24,
Cagayan de Oro covered by Condominium
Certificate of Title No. 137-2019000640.

Dear Ms. Paras:

Good tidings and salutations! In connection with the above-entitled


transaction which was executed on September 13, 2022, a copy of the Deed of
Absolute Sale is hereto attached as Annex “A”, a pertinent provision of the
aforesaid contract stated that, “Parties agree that the Capital Gains Tax,
Documentary Stamp Tax shall be for the VENDOR’S (Dahilayan Forest Park Inc.)
account, while Transfer Fees, Registration Fees, and Broker’s Fee shall be for the
account of the VENDEE (Patria Aurora B. Roa).

However, upon assessment by the City Assessor’s Office for the


computation of the Transfer Fee, a Tax on Sale of Real Property was computed
on the amount of NINETY-SIX THOUSAND PESOS (₱96,000.00) Philippine
Currency. Careful scrutiny of the tax returns that were computed and paid by the
Dahilayan’s Corporate Treasurer and authorized representative, Jenina Louise P.
Legarda shows that instead of paying the CAPITAL GAINS TAX which utilizes
BIR form 1706 as stipulated under the Deed of Absolute Sale, your legal
representative utilized BIR Form 1606 which is a WITHHOLDING TAX
REMITTANCE RETURN.

The repercussion of

filed before the Regional Trial Court branch 42, Medina, Misamis Oriental,
a status hearing was scheduled by the RTC Branch 42 in Medina, Misamis
Oriental regarding the status of the possible out of court settlement with regards
to partition of the community property between you and the respondent.

However, despite three (3) meetings with the counsels for the respondent
there was an impasse and regrettably we could not reach a consensus.
Apparently, the respondent is making it appear that she is amendable to a
compromise as to the manner and amount of the partition, however she is asking
for an increase of your voluntary monthly financial support from P28,000.00 to
P45,000.00 as a condition before they will agree with an out of court settlement of
your properties.

Thereafter, both parties terminated the negotiations and appeared before


RTC Branch 42 at Medina, Misamis Oriental on a scheduled hearing last October
13, 2022 and manifested that both will move forward with the case.

Moreover, per your instruction, the next check for the monthly support for
the two minor children, Gabriel and Kael Cabading shall no longer be delivered to
the law office of ROBN Law and instead will be for pick up basis beginning
November 2022 onwards. (Please see attachment in the email)
For your perusal, as per our retainer agreement below is the itemized
billing for the professional services and out of pocket rendered by the firm for this
case as of October 18, 2022:
Appearance Fee ₱10,000.00
Fuel Expense (RTC Branch 42 Medina) ₱1,000.00
Total Billing ₱11,000.00

Should you have any questions and concerns, please do not hesitate to
contact the firm regarding the status of the case.

Our best regards and appreciation for your usual preferential consideration.

Very truly yours,

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