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FINAL DEMAND
June 18, 2016
MS. KATHERINE D. VITALEZ
Blk 3 Lot Gloria Diaz Street
BF Resort Village, Las Pias City
Dear Ms. Vitalez,
The undersigned, in behalf of Gloria de Dapitan, Inc., would like to demand
for you to make good of your contractual obligations to us as per Contract
No. MIN 2015-000555 dated October 30, 2015. Per contract, the schedule for
delivery/shipment of equipment and including customs clearing will take a
maximum period of four (4) months from the date of inception of contract. It
has been seven months now but said contractual obligations were not
performed.
We sent our first demand dated March 11, 2016 as hereto attached and on
April 13, 2016, we received your letter of apology on the delay and informed
us change of your timeline which is beyond our contract period. Per new
timeline, you should have delivered to site the 2-unit escalators with the
brand kleeman lift but until this date, said delivery was not made.
Art. 1170 of the Civil Code provides :
Those who in the performance of their obligations are guilty of fraud,
negligence, or delay, and those who in any manner contravene the tenor
thereof, are liable for damages.
NOW, THEREFORE, FINAL DEMAND is hereby given for you to deliver and
install said equipment and settle all the foregoing obligations with the
company within five (5) days from receipt hereof, otherwise, we will be
constrained to institute legal actions against you on this matter if only to
protect the companys interest.
Thank you.
Very truly yours,
CHEMBEELYN A. BALUCAN
Legal Counsel
By registered mail _____________________
ROMEO G. JALOSJOS
Gloria de Dapitan, Dapitan City
Mortgagee
DEMAND TO VACATE
July 8, 2016
MS. ADELAIDA B. MALACAT
Potol, Dapitan City,
Zamboanga del Norte
Dear Ms. Malacat,
Notice is hereby given for you to vacate from the parcel of land
now owned by Dakak Park and Beach Resort under TCT No. T3746 as evidenced by the copy of the Deed of Absolute Sale as
attached. Please be advised that the company is giving you a
period three (3) months from date of receipt of this notice to
vacate from the premises.
Per TCT No. 3746, Community Rural Bank of Dapitan, Inc., owns
share of the entire area of 196 square meters as embraced in the
aforesaid title or equivalent to 147 square meters. The said
share is now owned by Dakak Park and Beach Resort as
represented by the undersigned by virtue of Absolute Sale
executed by the Community Rural Bank of Dapitan, Inc. in its
favor.
NOW, THEREFORE, FINAL DEMAND is hereby given for you to
vacate the premises within three (3) months from receipt
hereof. If you do not leave, your continued occupancy of the land
will be construed as willful and in bad faith. But your immediate
and faithful compliance with this notice will prevent any further
eviction action against you.
Thank you.
ROSSINI J. MONTECALVO
For and in behalf of the vendee,
Dakak Park & Beach Resort
ROMEO G. JALOSJOS
Mortgagee
Art. 1197. If the obligation does not fix a period, but from its
nature and the circumstances it can be inferred that a period
was intended, the courts may fix the duration thereof.
The courts shall also fix the duration of the period when it
depends upon the will of the debtor.
In every case, the courts shall determine such period as may
under the circumstances have been probably contemplated by
the parties. Once fixed by the courts, the period cannot be
changed by them. (1128a)
Art. 1198. The debtor shall lose every right to make use of the
period:
(1) When after the obligation has been contracted, he becomes
insolvent, unless he gives a guaranty or security for the debt;
(2) When he does not furnish to the creditor the guaranties or
securities which he has promised;
(3) When by his own acts he has impaired said guaranties or
securities after their establishment, and when through a
fortuitous event they disappear, unless he immediately gives
new ones equally satisfactory;
(4) When the debtor violates any undertaking, in consideration
of which the creditor agreed to the period;
(5) When the debtor attempts to abscond. (1129a)