ENG203D LEGAL ENGLISH

FINALS

I.

Christian G. Infante
Municipality of Jordan
Province of Guimaras, 5045

Phone Number: 09474535668

E-mail: christianinfante008@gmail.com

May 22, 2023

LAX Construction Corp.

Municipality of San Jose
Province of Antique, 5700

Re: Installation of Fence on Lot No. 8905

Dear Sir/Madam,

“Without Prejudice”
I am writing to you as the legal representative of Amy Padilla, granddaughter of Carlos
Padilla, Jr. who holds lawful possession of Lot No. 8905 in San Jose, Antique. This is
clearly established by the Transfer Certificate of Title No. T-3179. It has come into our
attention that your company installed a fence on the property while my client was away
attending a family event, resulting in her inability to access and possess the land.

It is important to highlight that a Torrens title, like the one in the possession of Amy
Padilla, provides irrefutable proof of absolute ownership and lawful possession of the
property, as established in the case of G.R. No. 164402, July 05, 2010, ASUNCION
URIETA VDA. DE AGUILAR, REPRESENTED BY ORLANDO U. AGUILAR, v. SPOUSES
EDERLINA B. ALFARO AND RAUL ALFARO. The said decision affirms that the titleholder
is entitled to all the attributes of ownership, including the right to possession.
Consequently, my client has the right to enjoy and dispose of her property, in accordance
with Article 428 of the New Civil Code.

Furthermore, my client, as the owner and lawful possessor, has the right to exclude any
person from the enjoyment and disposal thereof, as stated in Article 429. Any act to the
contrary is in direct violation of her rights. Considering that Lot No. 8905 is lawfully owned
and possessed by Amy Padilla, your company's actions in erecting the fence over the
property have caused her significant prejudice and damage.

In view of the foregoing, I demand that you promptly cease and desist any ongoing
occupation or dismantling of the fence on Lot No. 8905. If you fail to comply with this
demand within a period of fifteen (15) working days from the date of this

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correspondence, we will be left with no alternative but to take legal action to safeguard
my client's rights, as prescribed by the New Civil Code and in alignment with relevant
legal precedents.

Please be advised that any continuation of your unauthorized actions will be considered
a clear violation of my client's property rights, thereby causing her undue prejudice and
damage. Whereof, we trust that you will take immediate steps to rectify this matter and
restore my client's rightful possession of Lot No. 8905. Thereafter, we kindly request that
you provide a written response to this letter within five (5) working days, indicating
your full compliance with our demand.

Finally, keep in mind that the content of this letter may be used in any legal proceedings
that may arise from your failure to rectify the situation promptly. In accordance with the
principles of justice and equity, we hope to resolve this dispute amicably without resorting
to further legal action.

We appreciate your timely consideration of this matter.

Yours faithfully,

CHRISTIAN G. INFANTE
Paralegal Officer
ET Reyes III and Associates Law Office

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 II. (A)

Christian G. Infante
Barangay Makiling
City of Pasig, 5846

Phone Number: 09474535668

E-mail: christianinfante008@gmail.com

May 22, 2023

Jay Batumbakal, Cindy Batumbakal, and others

acting on their behalf
Barangay Makiling
City of Pasig, 5846

Re: Illegal Occupation of Land

Dear Sir/Madam,
“Without Prejudice”

I am addressing you in my capacity as the buyer and lawful owner of the property situated
in Brgy. Makiling, Pasig City, as specified in the Contract to Sell executed on October 6,
2019 with Document Number 8, Page 2, and Book III, Series of 2019, bearing the
notarization seal and signature of Atty. Christian Eric Bulohabo— confirming its validity
and legal authenticity.

I have recently become aware that you are presently occupying a section of the
aforementioned property without any legal entitlement or permission. Your presence
constitutes a breach of my rights as the rightful owner.

I must bring to your immediate attention that as per the provisions outlined in the
aforementioned Contract to Sell, it was agreed upon by the parties involved that the
sellers would allow the buyer to take immediate possession of the property upon
execution of the contract. Moreover, the contract explicitly grants consent to fence the
property to secure it from illegal occupants or intruders:

“4. The VENDORS shall allow the VENDEE to take immediate

possession of the subject property upon execution of this Contract and
give their consent to fence the same in order to secure the area from
illegal occupants or intruders.”

Furthermore, I would like to emphasize that a land survey was conducted as evidence of
our compliance with the provisions outlined in the Contract to Sell:

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 “4.1 The VENDORS expressed their conformity to the survey
conducted by the surveyor of the VENDEE over the subject
property for the purpose of determining its metes and bounds, and
have agreed to share equally the cost incurred thereof amounting
to Seven Thousand (P7,000.00), Philippine Currency, or Three
Thousand Five Hundred (P3,500.00), Philippine Currency, for each
party.”

Subsequent to the completion of the survey, it was determined that your presence falls
within the defined boundaries of the property. As the rightful owner, I hereby assert my
right to fully enjoy and exercise all the attributes of ownership within those bounds.

This clearly establishes my right as the buyer to the immediate and exclusive possession
of the entire property. If you wish, I can provide you with a copy of the contract for your
reference, where you will find further details.

Based on the aforementioned circumstances, I hereby demand that you promptly

evacuate the premises and cease all unauthorized occupation of the property. Your
presence without legal permission directly infringes upon my rights as the owner. Failure
to comply with this demand within a period of twenty (20) working days from the
date of this correspondence will leave me with no alternative but to pursue available legal
measures to safeguard my rights as the rightful owner of the property.

Please be advised that your continued illegal occupation of the property may result in
legal actions being taken against you, including eviction proceedings, to safeguard my
rights as the rightful owner. Any costs or damages incurred as a result of such legal
actions may be sought from you as well.

I urge you to acknowledge and uphold my rights as the legal owner and expeditiously
evacuate the premises. I anticipate your complete cooperation in resolving this matter
harmoniously and in compliance with applicable laws. Thank you.

Yours faithfully,

CHRISTIAN G. INFANTE
Property Owner

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 II. (B)

Christian G. Infante
Barangay Makiling
City of Pasig, 5846

Phone Number: 09474535668

E-mail: christianinfante008@gmail.com

May 22, 2023

Francis Carlos
Barangay Makiling
City of Pasig, 5846

Re: Breach of Contract and Illegal Occupation of Land

Dear Francis,
“Without Prejudice”

I hope this correspondence finds you in good health. I am writing to you in my capacity
as the purchaser and lawful proprietor of the property situated in Barangay Makiling, City
of Pasig. This property was the subject of the Contract to Sell executed between us on
October 6, 2019, as evidenced by Document Number 8, Page 2, and Book III, Series of
2019. The aforementioned contract bears the notarization seal and signature of Atty.
Christian Eric Bulohabo.

I have recently been made aware of a breach of the terms and conditions outlined in the
contract, specifically pertaining to the unauthorized presence of individuals on the
property. Therefore, I assert my right to demand swift measures be taken to address the
breach and resolve the issue of these illegal occupants.

As stated in the Contract to Sell, specifically Clauses 4 and 4.2, you, as the seller, have
certain obligations, including allowing me, the buyer, to take immediate possession of the
property upon execution of the contract and providing consent to fence the property for
security purposes:

“4. The VENDORS shall allow the VENDEE to take immediate

possession of the subject property upon execution of this Contract and
give their consent to fence the same in order to secure the area from
illegal occupants or intruders.”

Furthermore, it was agreed that in the event of any refusal by existing occupants to
vacate a portion of the property, the size of the land that cannot be occupied by me as

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the buyer shall be deducted from the total consideration based on its square meter
price:

“4.2 In the event that the VENDORS cannot deliver the entire property
to the VENDEE due to the refusal of existing occupant/s to vacate a
portion thereof, the size of the land that cannot be occupied by the
VENDEE shall be deducted from the total consideration based on its
square meter price.”

I was greatly disappointed to find out that there are unauthorized occupants on the
property after the contract was executed. Their presence not only breaches our
agreement but also interferes with my rightful possession and enjoyment of the property.
I firmly assert my rights as the buyer and insist that you promptly address this issue and
take necessary measures to rectify the situation.

Considering the aforementioned circumstances, I hereby demand the following actions:

1. Take immediate action to address and evict the unauthorized occupants from
the property, allowing me to assume complete possession of the entire property
in accordance with our agreement.

2. Honor your responsibility to grant consent for the installation of a fence

around the property, ensuring its protection against any future illegal occupation
or intrusion.

Furthermore, the contract allows for compensation by reducing the total price based on
the space occupied by these illegal occupants, should they choose to remain on the
property. Consequently, I am invoking provision 4.2 of our contract to sell, which allows
for a reduction in the total price of the property if the illegal occupants do not vacate
within fifteen (15) days of receiving this demand. I expect these actions to be
completed within that period.

Failure to comply with this demand within the specified timeframe will leave me with no
recourse but to exercise my legal rights and pursue appropriate legal remedies available
to me under the terms of the contract and relevant laws.

I strongly urge you to treat this matter with the utmost seriousness and address the
breaches promptly. It is in the best interest of both parties to resolve this dispute amicably

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and uphold the integrity of our contractual agreement. I expect your immediate attention
to this matter and a swift resolution.

Please confirm the receipt of this letter and provide a written response within five (5)
working days from the date of receipt. Should I not receive a timely and satisfactory
response, I will have no choice but to seek legal action to safeguard my rights and protect
my interests as the buyer.

Thank you for your immediate attention to this matter. I look forward to a prompt
resolution.

Sincerely,

CHRISTIAN G. INFANTE
Property Owner

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 III.

CONTRACT OF SALE

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF SALE is entered into on this 22nd day of May, 2023 by and
between:

NENITA VILLO, of legal age, widow, and a resident of No. 3156 Bayswater
Street, Metro Ville Subdivision, Parañaque City, hereinafter referred to as the
"SELLER";

- and –

CARISSA BAUTISTA, of legal age, single, and a resident of Maninging, Quezon

City, hereinafter referred to as the "BUYER."

WITNESSETH:

WHEREAS, the SELLER is the registered owner of a house and lot covered by
Transfer Certificate of Title No. 67890 of the Register of Deeds of Paranaque City, with
an address at No. 3156 Bayswater Street, Metro Ville Subdivision, Paranaque City;

WHEREAS, the SELLER has indicated her intent to sell the mentioned property,
and the BUYER has conveyed her interest in acquiring said property, contingent upon
the terms and conditions stipulated herein;

NOW, THEREFORE, in consideration of the mutual agreements set forth herein, the
parties hereby agree as follows:

I. PURCHASE PRICE. The total cost of the property shall amount to THREE
MILLION PESOS (₱3,000,000.00), with payment to be made as follows:

a. The BUYER shall provide a down payment of ONE MILLION PESOS

(₱1,000,000.00) upon the execution of this contract, which the Seller
acknowledges receipt of.
b. The remaining balance of TWO MILLION PESOS (₱2,000,000.00) shall be
paid by the BUYER upon the successful transfer of the property title in her
name.

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 II. GOOD FAITH. The parties agree to comply with the terms and conditions set
forth in this Contract in good faith pursuant to Article 1159 of the Philippines
Civil Code.

III. TAXES, FEES, AND EXPENSES. The SELLER shall be responsible for all taxes,
fees, and costs related to the sale, including capital gains tax, documentary stamp
tax, and notarial fees. Conversely, the BUYER shall bear all taxes, fees, and
expenses associated with the transfer of the title, including transfer taxes and
registration fees.

IV. TITLE TRANSFER. The SELLER shall facilitate the transfer of the property title
to the BUYER’S name. The SELLER agrees to furnish all necessary
documentation and cooperate with the Buyer throughout the title transfer process.

V. POSSESSION. Upon full payment of the purchase price and completion of the
title transfer, the SELLER shall grant full possession of the property to the
BUYER.

VI. DEFAULT. If either party fails to fulfill their obligations, the party not in default
retains the right to pursue legal recourse, including but not limited to seeking
specific performance and claiming damages, in accordance with the relevant legal
provisions.

VII. BINDING EFFECT. This agreement shall be valid and binding, not only on the
parties represented herein but also on their heirs, agents, representatives,
successors, and assigns. Any assignment or transfer of rights and obligations under
this agreement shall require the prior written consent of the other party.

VIII. GOVERNING LAW. This agreement shall be governed by and interpreted in

accordance with the laws of the Republic of the Philippines.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their signatures
this 22nd day of May 2023 in the City of Parañaque, Philippines.

NENITA VILLO CARISSA BAUTISTA

SELLER BUYER
SSS ID No. 23-5862833-9 Driver’s License ID No. D05-11-032567-3

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 Signed in the presence of:

________________________ and _______________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

City of Parañaque)
S.S. X-------------------------------X

BEFORE ME, a Notary public, this 22nd day of May 2023, personally appeared NENITA
VILLO and NELSON FERRER known to be the same persons who executed the foregoing
Contract of Sale and acknowledged to me that the same is their true and voluntary act
and deed. This instrument consisting of three (3) pages, including this page in which this
acknowledgement is written, signed by the parties and their instrument witnesses on
each and every page thereof. They exhibited to me their identification documents written
below their names, wherein their pictures and signatures are shown.

WITNESS MY HAND AND SEAL, on the place and date first above-written.

NOTARY PUBLIC

Doc. No. 35;

Page No. 7;
Book No. III;
Series of 2023.

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 IV.

To: Pablo S. Uriondo

Subject: “SJC training and workshop”

Dear Mr. Uriondo,

Good day!

I am writing to you on behalf of the administrative office. This is to inform you about an
upcoming event organized by SJC Advertising Company – "ITIKal! The Do's and
Don'ts of Advertising". This event is scheduled to take place on July 15-16, 2023, at
WS Students and Professionals Lounge, Luna St, La Paz, Iloilo City.

The primary objective of this training is to explore on the ethical practices and guidelines
in advertising, aiming to elevate our company's standards in this field. The workshop will
feature captivating keynote presentations, engaging panel discussions, and interactive
workshops; fostering collaboration among participants.

We have secured the participation of Ms. Kyla Ramirez, a highly regarded speaker and
expert in this field to ensure the success of this training. She will share her experiences,
insights, and strategies to help us cultivate ethical practices.

In lieu of the said event, we kindly request your support and assistance in the following
areas; provision of the necessary budget for the summit, including expenses such as
speaker’s token of appreciation, venue rental, and catering arrangements. And also,
recognition of the workshop as an official company event, allowing participants to attend
without being marked absent. This recognition will enable them to fully engage in the
summit without concerns or hesitations.

We firmly believe that this event will serve as a compass for our company's growth and
success, aligning our strategies with integrity and social responsibility.

We kindly ask for your prompt response of this request. If there are any further
requirements or considerations, please do not hesitate to inform me. Thank you.

Regards,

Christian G. Infante
Administrative Assistant

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