case leg wri

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10. On 25 April 2012, Seller came up with a computation approving the four-month installments computed at three percent per month but refused to waive the corresponding penalty amounting to Php 456,958.34. 11. On 14 May 2012, Buyer through her counsel Atty. DU sent a letter to Seller citing the reasons on the oversight and lapses of issuing additional postdated checks and of not addressing its reciprocal obligations to the Buyer. Buyer stated her deferment to pay until ABCD delivered the CCT of the parking space which she already paid since 2009. The Buyer also demanded that Seller must likewise pay at least 1% per month as penalty charges on the purchase price of the parking space from the date of it was fully paid. 12. On 16 June 2012, Buyer's father saw a Notice to Vacate posted on Buyer's Unit door dated 1 June 2012. The notice gave the Seller 5 days to initiate ejectment proceedings and demanded Php 30,000.00 rental fee for the Unit every month. No notice was sent to the Buyer's new office address. 13. On June 27, 2012, the following relatives of Buyer arrived at the Condominium Unit about 4:30pm: 1. Herminia (60 yrs. old, mother of Angelica ) 2. Dr. Minerva (aunt of Angelica , youngest sister of her mother Herminia) 3. Mig Ryan (cousin of Angelica , who just arrived recently from California, USA for a short vacation, 17 yrs. old son of Dr. Minerva B. Santos) 4. Adelaida (aunt of Angelica , younger sister of her mother Herminia) 5. Mervin (helper and driver) 14. When they arrived, they saw that the Unit was padlocked. Shortly, the security guard informed them that the legal counsels of ABCD that padlocked the Unit were still at the club house. Immediately, Mig Ryan and Mervin Perez went to the club house to ask the ABCD legal counsels. 15. In the club house, Mig Ryan and Mervin saw 2 men both in barong tagalog. One of them introduced himself as a ABCD lawyer and advised that they padlocked the Unit because of the Buyer's non- payment. He further informed Mig Ryan and Mervin that they forcibly entered the Unit, made an inventory of the items inside and padlocked the door with ABCD administrative personnel, baranggay officials and security guards. 16. Herminia then called the Buyer. The latter immediately called the ABCD administrative office to ask why they padlocked the Unit. The administrative personnel clarified that it is the ABCD legal representatives who padlocked the 4

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Page 1: Case Leg Wri

10. On 25 April 2012, Seller came up with a computation approving the four-month installments computed at three percent per month but refused to waive the corresponding penalty amounting to Php 456,958.34.

11. On 14 May 2012, Buyer through her counsel Atty. DU sent a letter to Seller citing the reasons on the oversight and lapses of issuing additional postdated checks and of not addressing its reciprocal obligations to the Buyer. Buyer stated her deferment to pay until ABCD delivered the CCT of the parking space which she already paid since 2009. The Buyer also demanded that Seller must likewise pay at least 1% per month as penalty charges on the purchase price of the parking space from the date of it was fully paid.

12. On 16 June 2012, Buyer's father saw a Notice to Vacate posted on Buyer's Unit door dated 1 June 2012. The notice gave the Seller 5 days to initiate ejectment proceedings and demanded Php 30,000.00 rental fee for the Unit every month. No notice was sent to the Buyer's new office address.

13. On June 27, 2012, the following relatives of Buyer arrived at the Condominium Unit about 4:30pm: 1. Herminia (60 yrs. old, mother of Angelica ) 2. Dr. Minerva (aunt of Angelica , youngest sister of her mother Herminia) 3. Mig Ryan (cousin of Angelica , who just arrived recently from California, USA for a short vacation, 17 yrs. old son of Dr. Minerva B. Santos) 4. Adelaida (aunt of Angelica , younger sister of her mother Herminia) 5. Mervin (helper and driver)

14. When they arrived, they saw that the Unit was padlocked. Shortly, the security guard informed them that the legal counsels of ABCD that padlocked the Unit were still at the club house. Immediately, Mig Ryan and Mervin Perez went to the club house to ask the ABCD legal counsels. 15. In the club house, Mig Ryan and Mervin saw 2 men both in barong tagalog. One of them introduced himself as a ABCD lawyer and advised that they padlocked the Unit because of the Buyer's non-payment. He further informed Mig Ryan and Mervin that they forcibly entered the Unit, made an inventory of the items inside and padlocked the door with ABCD administrative personnel, baranggay officials and security guards. 16. Herminia then called the Buyer. The latter immediately called the ABCD administrative office to ask why they padlocked the Unit. The administrative personnel clarified that it is the ABCD legal representatives who padlocked the 4

Unit and not the administrative personnel. The administrative personnel then passed the phone to the counsel of ABCD and accordingly told the Buyer that they were instructed to padlock the unit. According to the counsel of DMCI, the Notice of Rescission/Cancellation was enough to padlock the Unit and there is no need for a court order. The Buyer mentioned that there's an ongoing settlement and an unresolved complaint against ABCD regarding its negligence to comply with its commitments. The Buyer asked for the name of the person on the other line but the latter did not answer. However, the line was cut-off.

17. In the meantime, Mig Ryan and Mervin informed the Buyer's mother and relatives about their discussion with ABCD counsels. The Buyer's aunt, Dr. Minerva went with her son, Mig Ryan and Mervin Perez back to the club house to discuss the matter with the ABCD counsels because the latter refused to go with them to the Unit and the Buyer's mother who's suffering from asthma and emphysema easily get tired in going up and down the building, 18. When they arrived at the club house, they talked to ABCD's legal counsel. Again they were told that ABCD personnel, baranggay officials and security guards entered the unit, padlocked the same based on the premise that the notice of cancellation posted at the door is sufficient per instruction of the ABCD legal counsel. The Buyer then made a call through the cell

Page 2: Case Leg Wri

phone of her aunt, Dr. Minerva and talked to the legal counsel of ABCD. 19. The Buyer asked the ABCD legal counsel if there was a Court Order that allowed ABCD to forcibly open, enter and padlock her Unit. The ABCD counsel informed her that there was a Notice and a Demand letter from ABCD to validate ABCD's actions.

20. Dr. Minerva, then informed the administrative personnel that ABCD breached its contract which caused the Buyer to suspend payment in the meantime. Dr. Minerva informed the administrative personnel that ABCD, in the absence of any Court Order violated the rights of the Buyer as the lawful owner of the Unit and there are valuable things inside the Unit that might be lost and thus calls for an inventory. 21. Upon subsequent verification with the security guard, the family was informed that they only acted per instruction of the ABCD legal department. Dr. Minerva requested a copy of the incident report of the security guard. The following day, the administrative officer gave a copy of the report and the pictures taken when they opened the Unit. 22. On the same night of the incident however, a person who introduced himself as a ABCD counsel went to the Unit and asked the family how they were able to get inside the Unit. Dr. Minerva answered that upon checking, the lock was not properly locked so they were able to come in. The man asked again if they were given permission by ABCD to enter the unit. Dr. Minerva replied that she was not bound to ask permission from anyone other than the owner of the Unit.

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23. According to the report from Alcatraz Security Agency, the security agency assigned to Field Park Residences: a. On 27 June 2012 at 4:00 p.m., personnel from ABCD Developer's Counsel Law Firm, Mr. Bernard and Neil arrived and padlocked Unit 316. b. They arrived with the Barangay Security Force of Barangay Rosario, Pasig City, headed by Mr. Daniel, Victor and Jhun to witness the opening and to conduct inventory of the items inside the unit which was forcibly opened by locksmith, Mr. Arnie.

c. They were escorted by Security Personnel and SO Remegio of the Alcatraz Security Agency. The security guards and administrative personnel likewise coordinated with a certain Joy of ABCD's legal department through the latter's cell phone with no. 0922-8543852 as indicated at the back of the incident report. 24. Furthermore, the cousin of the Buyer, Mig Ryan who is a minor suffered trauma. Mig Ryan lives in the US and went to the Philippines for the first time for a short vacation The Buyer was terribly humiliated by the incident. The Buyer was a beauty queen and won the coveted crown Mutya ng Filipinas Asia-Pacific in 2004. The incident will definitely make an irreparable damage of her reputation.

Note: Buyer is willing to pay the balance of the purchase price through a bank loan, rather than continuously pay installments at a high interest rate of 18% per annum through the in-house loan.

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