April 12, 2011

ENGR. ENRICO M. PONCO

Manager
E.J. PONCO CONSTRUCTION
87 Alma Manzo Subd., San Antonio
Bian, Laguna
RE: IMPROVEMENT OF THE NEWLY-CONSTRUCTED CAFETERIA
(COMPLETION OF PHASE I) OF PHILIPPINE HIGH SCHOOL FOR THE ARTS

Dear Engr. Ponco:

Our client, the Philippine High School for the Arts (PHSA), has referred to
the Office of the Solicitor General (OSG) the matter of your failure and continued
refusal to complete the project above-stated which was awarded to your
company on December 7, 2009.
PHSA has given you the benefit of the doubt in dealing with your promises
to comply with your obligation under the Contract Agreement. Our client has not
only extended the period within which you should have complied and completed
the project but even offered a win-win solution thereto during the meeting held on
March 14, 2011. In said meeting, you undertook to re-start the completion
thereof on or before March 23, 2011 and agreed to formally confirm the restart/re-mobilization of the project.
However, despite repeated verbal and written demands, consisting of
numerous cellular phone and e-mail messages, you have chosen to ignore and
refuse to proceed with the completion of the project to the damage and prejudice
of our client. Please be reminded that the completion of the project is already
unjustifiably delayed as its original period of completion was supposed to be on
April 8, 2010.
In view thereof, demand is hereby made upon you to immediately comply
with your obligation under the Contract Agreement dated December 7, 2009 to
avoid the inconvenience, expense, and travails of an unnecessary lawsuit.

Failure on your part to comply with this demand shall constrain us to file,
without hesitation, the appropriate legal and judicial action to protect the rights
and interests of PHSA.
Please consider this our final demand.

Very truly yours,

HERMAN R. CIMAFRANCA
Assistant Solicitor General
CHERYL ANGELINE M. ROQUE
State Solicitor