19 October 2015

MR. LEO F. BUCAO

132 Martinez Street
Caloocan City

DEMAND LETTER
It has come to my attention that you entered a loan agreement with MR. EFREN P.
CABAL amounting to thirty thousand pesos (P30,000.00) subjecting the room at the
ground floor which is part and parcel of the two-storey house I owned under tax
declaration 04-028-00389-10-R which is situated at 132 Martinez St, Caloocan City,
as security thereof, without my knowledge and consent.
I allowed you to temporarily reside at said room out of compassion and for being my
relative, but nonetheless, you are not given any authority or legal right whatsoever to
convey, sell, lease, encumber or mortgage the same. Hence, the contracted loan
agreement subjecting my property as security is void, inexistent and/or not legally
binding.
Repeated demands were made to you and the occupants represented by Mr. Efren
P. Cabal, to vacate the premises but you all failed and refused and still fails and
refuses to vacate and surrender the same to my damage and prejudice. I even made
an attempt to settle the matter amicably by filing a complaint before the Barangay
Council of Barangay 27, Caloocan City, for unlawfully depriving me of the peaceful
possession and enjoyment of my house. However, no amicable settlement was
reached since you all disregarded the initial notice sent by the Barangay and even
ignored the scheduled meetings/dialogues before the Lupon. Needless to say, that
earnest efforts were done to settle this matter amicably, but the same have been
futile.
Pursuant to law, any person who, pretending to be owner of any real property, shall
convey, sell, encumber or mortgage the same is liable for the crime of estafa (other
forms of swindling) and may be penalized by imprisonment and fine.
The continued unlawful occupation on my property signifies bad faith and I hereby
formally DEMANDS THAT YOU SURRENDER the subject property immediately.
Otherwise, I will be constrained to initiate criminal action against you without further
notice.
This is a serious matter that needs your utmost preferential attention and
consideration so that availment of other avenues or legal forums for relief would no
longer be a necessity.
Very truly yours,
LOTUZ M. ESCANDOR ET AL