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Demand Letter

March 23rd, 2008 by admin   Subscribe To Our Feed

October 2, 2007

Ma. Theresa Aguinaldo
Chief Executive Officer
Culpong Properties Inc.
Unit 211-B
Juan Dela Cruz Building, Madaluyong City

M A D A M:

My services as counsel has been retained by spouse JUN DE GUZMAN AND ELEX DE GUZMAN relative to your contract entitled “Lot Purchase and House Construction Agreement” dated May 27, 2006.

I was made to understand that you, up to this date, have partially constructed only the foundation of the contracted house despite compliance on the part of my clients of their obligations as stipulated in paragraphs One (1), Two(2), Three (3), and Four(4) of Article II (Terms of Payment).

My clients also informed this representation that they have completed the requirements for in-house finance as listed in the said contract specifically Article X paragraph b.

As per said contract, construction work should be commenced and finished 180 - 210 days after the completion of the pre-requisites (par. 1 Article X - Construction).

Sad to say that up to this date, the only construction work done is partially laying the foundation.

To avoid any court litigation resulting from breach of your contract with my clients, kindly comply with your obligation to complete the construction of the house by January 2008 as per contract.

Kindly take heed of this demand.

Respectfully,
Juan Antonio Santos Garcia

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Demand letter follow up

March 22nd, 2008 by admin   Subscribe To Our Feed

March 23, 2008

Ma. Theresa Aguinaldo
Chief Executive Officer
Culpong Properties Inc.
Unit 211-B
Juan Dela Cruz Building, Madaluyong City

M A D A M:

I write you again in behalf of my clients spouse JUN DE GUZMAN AND ELEX DE GUZMAN relative to your contract entitled “Lot Purchase and House Construction Agreement” dated May 27, 2006

In my first letter addressed to your good office dated October 2, 2007, I brought out the matter and called your attention that Culpong Properties, Incorporated have failed to comply with its obligations as per said “Agreement”.

In brief, your principal is guilty of breach of contract despite compliance on the part of my clients of their obligations as stipulated in the “Agreement”.

In reply to my letter your Admin. Manager wrote directly to my clients a letter dated October 5, 2007 obliging your principal (Culpong) to complete construction of the house between January to February 2008.

However, up to this date, you have not commence further construction works on the lot. The condition of the lot is still the same as when I first wrote my letter dated October 2, 2007.

Considering that it is now February, the completion of the house is improbable as staed in your letter dated October 5, 2007.

It is now the intention of my clients to rescind and cancel the “Agreement” dated May 27, 2006 for breach of contract on your part.

Consequently, it is hereby demanded that you reimburse the payments made by my clients the total amount of ONE MILLION ONE HUNDRED THOUSAND FIVE HUNDRED NINETY TWO DOLLARS AND FIFTY FIVE CENTS ($1,100,529.55) with in ten (10) days from the receipt of this demand letter with legal rate of interest and reasonable attorney’s fee to me at my given address.

Your compliance of this demand would certainly avoid and expensive litigation.

Respectfully,
Juan Antonio Santos Garcia

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CONTRACT OF SERVICE

January 31st, 2008 by admin   Subscribe To Our Feed

KNOW ALL MEN BY THESE PRESENTS:

This contract made and entered by and between:

The Provincial Government of Abraham, a local government unit with office address at Dimahanap st., Abraham, herein represented by HON. Joe Magalpok, hereinafter referred to as the “First Party”;
-and-

Antonio De Malanta, Filipino, of legal age, and with residence address at Doña Juana Subd., Jusdado, Bayanbayan City, Abraham, hereinafter referred to as the “Second Party”;

-WITNESSETH-

1. That the First Party is in need of the services of the Second Party who shall perform work not performed by the regular personnel of the First Party as certified to by the Agency YMMMO;

2. That the Second Party has signified his intention, to which the First Party has accepted, to provide the service needed by the latter;

3. That the Second Party hereby possesses the education, experience and skills required to perform the job as described herein;

4. That the Second Party hereby attests that he has not been previously dismissed from government service by reason of an administrative offense; that he has not already reached the compulsory retirement age of sixty-five (65);

5. That in view hereof, the Second Party is hereby contracted as a CONSULTANT ON COOPERATIVES for the period of July 01, 2001 to December 31, 2001, in consideration of monthly rate of One Hundred Thousand Pesos (P 100,000.00), to be paid on monthly basis;

6. That as a CONSULTANT ON COOPERATIVES, the Second Party is expected to perform the following; (Specific duties or functions that make up the service)

a. Provides technical and other forms of assistance to existing cooperatives to enhance their viability as an economic enterprise and social organizations.
b. Recommends on all matters relative to the cooperative development which will improve the livelihood and quality of life of province constituents.
c. Assists in the formulation and implementation of the Provincial Cooperative and Enterprise Development Program with the Provincial Development Plan and National cooperative.
d. Supports the Governor in carrying out measures to ensure the delivery of basic services through development of cooperatives and enterprise.

7. That the Second Party shall perform work at a time and schedule to be agreed upon by both parties; and

8. That it is understood that this contract does not create an employer-employee relationship between the First Party and the Second Party, that the services rendered hereunder are not considered and will not be accredited as government service; and that the latter is not entitled to benefits enjoyed by the regular personnel of the First Party.

IN WITNESS WHEREOF; both parties have hereunto set their hands this ______________________ at Capitol Bayanbayan City, Abraham..

Provincial Government of Abraham ANTONIO DE MALANTA
Name of Agency Second Party
(Hiree)
by: HON. JOE MAGALPOK JR ( GOVERNOR )
Representative

Signed in the presence of:

_______________________ _________________________

ACKNOWLEDGEMENT

REPBULIC OF THE PHILIPPINES)
____________________________) S.S.

BEFORE ME, a Notary Public for and in the above jurisdiction, personally appeared the following;

NAME COM. TAX CERT. NO. DATE/PLACE ISSUED

HON. ENRIQUE T. GARCIA JR _____20042904______ ____01/08/07 _ Balanga City_______

Antonio De Malanta ___________________ ______________________________

known to me to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their own free will and voluntary act and deed.

CERTIFICATION

TO WHOM IT MAY CONCERN:

This is to certify that the specific duties to be performed by the hiree, Antonio De Malanta specified in his Contract of Service are not those pertaining to any vacant regular plantilla position and the hiree possesses the special or technical skills to perform the duties, which are not available in the agency.

Alan Santa Monica
OIC - Prov’l. Human Resource Mgt. Officer

This instrument consists of two (2) pages including this page wherein this Acknowledgement is written, and is signed by the parties and their instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL, this _____ day of ______________________ 200___ at ___________________________________ Philippines.

____________________________
NOTARY PUBLIC

Doc. No. __________
Page _____________
Book No.__________
Series of 2001

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