July 26, 2022

ATTY. ROMELIA J. ONGAYO

Legal Counsel of Atty. Hanniyah P. Sevilla
Shared Legal Services, Maryknoll Drive,
Bo. Pampanga, Davao City.

Re: Response to the Demand Letter dated 18 July 2022

Gentlemen,
It is so unfortunate and we apologize for the incident that transpired last 12 July
2022 with regard to the gate installed at your house. It is not our intention and
already beyond our control as the gate we constructed was already finished last May
2022. Further, when the construction was finished, we diligently inspected the same
in view of your demand previously of allegedly sub-standard construction of your
residential unit which costs us P1.2million. Despite this, we acceded to your
demand. As such, when this gate was completed, we inspected the same thoroughly
and carefully constructed the gate in accordance with the approved plan.
Upon our investigation and assessment, we noticed that there are some additional
work near the gate not constructed by us like the guard house and the landscaping.
We believed that the constructions of the aforementioned materially affected the
structure of the gate and could possibly be the proximate cause of the incident.
Based from the CCTV footage, it is possible that the roller at the back was
dislocated which caused the gate to break down and fell. It is possible that the roller
may have been moved by the workers.
Moreover, we still wanted to reach out and willing to amicably settle everything
among us. But the 10-day period for us to comply with your demand is utterly
difficult, if not impossible. The amount needed is huge. At present, we are still
paying to the bank the amount of the redo works on your one-storey residential lot
located at Briz District, Magugpo East, Tagum City. The amount costs P1, 200,
000.00.
With all the foregoing, we don’t have the means to pay all the damages demanded
from us. We are now in default financially due to the amount said redo works. If you
are amenable, we are willing to pay the actual damages except for moral, nominal
and exemplary damages as well as the attorney’s fees. We are hoping for your kind
consideration at this difficult time. It is just so unfortunate that the incident happened
and we mean no harm to you and your family.
Thank you and God bless you!

Sincerely,

Arch. John Lee Lapitan

Engr. Leo L. Cabonita