SIGUENZA, CRYSTALINE A.

SECTION 3-B
GROUP 1

ISSUES:

1. Whether or not the two corporate shares of Pang-ay Golf Club

should be delivered to Juan Lakad through a deed of conveyance?

2. Whether or not unit 1 of Maargay Condominium can be delivered

to Juan Lakad through a deed of conveyance?

3. Whether or not juan lakad is entitled to the accrued rentals in unit

1 of Maargay Condominium?

4. Whether or not unit 2 can be transferred to Juan, in the absence

thereof, be replaced with the same kind and value?

5. Whether or not unit 3 can be replaced with the same kind and
value and delivered to Juan lakad through a deed of conveyance?

6. Whether or not the agricultural land including the improvements

therein shall be transferred in the name of juan lakad?

THEORY OF THE CASE:

Juan Lakad is entitled to the properties indicated in the board

resolution as payment including the fruits arising therefrom. Any
property that cannot be delivered shall be replaced with the same
kind and value plus damages.
DEMAND LETTER 1
March 17, 2017

LUPA REALTY INCORPORATED

No. 23, Mapukpukaw street
Dimasarakan City
Philippines

Joyce Jones

FORMAL DEMAND LETTER

Dear Maam;

You may recall that Lupa Realty Incorporated has not yet settled all
my unpaid salaries amounting to ten million pesos (P10,000,000) for
my services in managing the corporation from year 1995 to 2008.
Moreover, I have accounts receivables from the corporation
amounting to seven million five hundred thousand pesos
(P7,500,000) which the corporation has not yet paid.

You may also recall that we have entered into a compromise

agreement on the said unpaid liabilities as evidenced by Board
resolution no. 01, series of 2008 which was duly acknowledged and
approved by the board. The board and I agreed that due to the
alleged insolvency of the corporation, the reduced amount of
P15,000,000 should be given by means of properties namely; 2
corporate shares of Pang- ay Golf Club, 3 Maargay condominium
units (units 1,2, and 3), and a five-hectare agricultural land. You have
delivered 2 corporate shares of Pang-ay Golf Club, Title to units 1
and 2 which are still under the name of the corporation, and owners
copy of TCT No. 3 on the agricultural land also still under the name of
the corporation. However, the occupant of unit 1 refuses to vacate the
premises to this day and has been paying you the rentals. Occupant
of unit 2 also refuses to vacate the premises on the basis of a
contract to sell the corporation has allegedly executed in his favor.
Unit 3 is already sold to Laos corporation even prior to our
compromise agreement. Moreover, the corporation shares of Pang-ay
Golf Club and the title over the agricultural land was never transferred
under my name as we have agreed upon.

Please be reminded that despite several oral demands for you to

deliver the condominium units, the rentals the corporation received
from occupants thereof and to transfer the title of the properties under
my name, the same demands have been left unheeded. Consider this
then, as a formal demand for you to deliver the three Maargay
condominium units including the rentals from January 1, 2009 to
present and transfer the titles of all properties agreed upon under my
name including payment of damages amounting to P500,000 for
failure to comply with the compromise agreement within 60 days from
receipt of this notice. Otherwise, I shall be constrained to commence
appropriate civil action to protect my interests.

Respectfully yours,

JUAN LAKAD A.K.A JOHNY WALKER

Assisted by:

ATTY. CRYSTALINE ALFONSO-SIGUENZA

Aequitas Law Office
DEMAND LETTER 2
March 17, 2017

LUPA REALTY INCORPORATED

No. 23, Mapukpukaw street
Dimasarakan City
Philippines

Joyce Jones

FORMAL DEMAND LETTER

Dear Maam;

You may recall that Lupa Realty Incorporated has not yet settled all
my unpaid salaries amounting to ten million pesos (P10,000,000) for
my services in managing the corporation from year 1995 to 2008.
Moreover, I have accounts receivables from the corporation
amounting to seven million five hundred thousand pesos
(P7,500,000) which the corporation has not yet paid.

You may also recall that we have entered into a compromise

agreement on the said unpaid liabilities as evidenced by Board
resolution no. 01, series of 2008 which was duly acknowledged and
approved by the board. The board and I agreed that due to the
alleged insolvency of the corporation, the reduced amount of
P15,000,000 should be given by means of properties namely; 2
corporate shares of Pang- ay Golf Club, 3 Maargay condominium
units (units 1,2, and 3), and a five-hectare agricultural land. You have
delivered 2 corporate shares of Pang-ay Golf Club, Title to units 1
and 2 which are still under the name of the corporation, and owners
copy of TCT No. 3 on the agricultural land also still under the name of
the corporation. However, the occupant of unit 1 refuses to vacate the
premises to this day and has been paying you the rentals. Occupant
of unit 2 also refuses to vacate the premises on the basis of a
contract to sell the corporation has allegedly executed in his favor.
Unit 3 is already sold to Laos corporation even prior to our
compromise agreement. Moreover, the corporation shares of Pang-ay
Golf Club and the title over the agricultural land was never transferred
under my name as we have agreed upon.

Please be reminded that despite several oral demands and the

demand letter dated March 17,2017 for you to deliver the
condominium units, the rentals the corporation received from
occupants thereof and to transfer the title of the properties under my
name, the same demands have been left unheeded. Consider this
then, as a final demand for you to deliver the three Maargay
condominium units including the rentals from January 1, 2009 to
present and transfer the titles of all properties agreed upon under my
name including payment of damages amounting to P500,000 for
failure to comply with the compromise agreement within 60 days from
receipt of this notice. Otherwise, I shall be constrained to commence
appropriate civil action to protect my interests.

Respectfully yours,

JUAN LAKAD A.K.A JOHNY WALKER

Assisted by:

ATTY. CRYSTALINE ALFONSO-SIGUENZA

Aequitas Law Office