ATTY.

FLORRIS VILLANUEVA INOCENCIO

Notarial Services
Main Office: Molino Boulevard, New Bacoor City Hall Access Rd,
Allgreen Nomo-Strip, Molino, Bacoor, Cavite
Branch: 2F, Unit 1 Cantimbuhan Building, Zone IV, Dasmarinas City, Cavite
Contact No.: 0992-5400499/09569154926

JANUARY 24, 2023

VIOLETA GAVERO QUILOP

ORLANDO CABAR QUILOP
B2, L38, Martin Street, Parkdale 2, Perpetual 7, Bacoor, Cavite

Subject: RESCISSION OF DEED OF SALE WITH ASSUMPTION OF

MORTGAGE

Sir/Madam

We write on behalf of our client, MR. BENITO ESLIT MABINI JR.,

regarding the matter of your non-compliance and non-cooperation in settling
your ensnared collection of FIVE HUNDRED SEVENTY THOUSAND PESOS
(PHP 570,000.00) as payment for the condominium covered by CTC No. 002-
2013008218, and covered by a Deed of Sale with Assumption of Mortgage
transpired on January 28, 2021, which happens to be built on fictitious
clauses aimed to defraud Mr. Mabini.

As previously indicated in a demand letter sent to you, the Deed of Sale

with Assumption of Mortgage was consummated without the knowledge of the
bank concerned who should have first knowledge of this transaction. Hence,
despite that our client have paid in full for the said condominium, it still
remains to be registered under your name, when the case should be different.
You even assured that the said property is “free from lien and encumbrances
whatsover” when the following proves otherwise:

According to the signed Contract to Sell dated the same to Deed of

Absolute Sale with Assumption of Mortgage, “full payment of the loan to the
bank, will you, as the seller, sign and execute the DEED OF ABSOLUTE SALE”.
Yet, on that same day, still a Deed of Sale with Assumption of Mortgage was
made, despite that THE AGREED SELLING PRICE HAS ALREADY BEEN
FULLY PAID within the very same date. Yet, our client with weakened
understanding unknowingly signed these documents which he would not enter
into, if and only if, he has proper guidance and been not deceived.

In addition, it is most likely that you covered the fact that the said
condominium has a tremendous leakage before the consummation of your
Deed of Sale. As a seller, it is your utmost duty to be truthful of the said
property’s condition and abide by the conditions of the contract initiated
 ATTY. FLORRIS VILLANUEVA INOCENCIO
Notarial Services
Main Office: Molino Boulevard, New Bacoor City Hall Access Rd,
Allgreen Nomo-Strip, Molino, Bacoor, Cavite
Branch: 2F, Unit 1 Cantimbuhan Building, Zone IV, Dasmarinas City, Cavite
Contact No.: 0992-5400499/09569154926

between the buyer and the seller. Your inability to do so makes the said Deed
violative to the rights of our client.

Hence, in cases where a party becomes injured due to the inability one’s
inability to fulfill their obligation, the 1991 Civil Code of the Philippines
prescribes Rescission as a remedy for such action, to wit:

“The power to rescind obligations is implied in reciprocal ones,

in case one of the obligors should not comply with what is
incumbent upon him.

The injured party may choose between the fulfillment

and the rescission of the obligation, with the payment
of damages in either case. He may also seek rescission,
even after he has chosen fulfillment, if the latter should
become impossible”.

Therefore, we emphasized that our client’s demand to return the payment

of FIVE HUNDRED SEVENTY THOUSAND PESOS (PHP 570,000.00) plus
actual damages suffered by reason of the water seepage and leakage severely
damaging their furniture and belongings, be made FIFTEEN (15) days from the
receipt of this hereof. Moreover, we demand a reimbursement for all the
amortization paid by our clients to your PBCOM loan in the amount of THIRTY-
TWO THOUSAND PESOS (PHP 32,000.00) per month up to present, monthly
association dues of TWO THOUSAND SIX HUNDRED (PHP 2,600.00),
insurance and other expenses applicable that was fulfilled by our client in
relation to the purchased property.

It is in our utmost interest to resolve this matter through this letter

before it elevates to a higher court that can be more grueling and costly for the
both of you.
Failure to comply with this demand shall prompt our client to file
charges against you. We trust that you will give this matter your prompt and
preferential attention to avoid the expense and inconvenience of litigation. Your
continuous disinterest in an amicable settlement shall not be tolerated.

Very Sincerely Yours,

 ATTY. FLORRIS VILLANUEVA INOCENCIO
Notarial Services
Main Office: Molino Boulevard, New Bacoor City Hall Access Rd,
Allgreen Nomo-Strip, Molino, Bacoor, Cavite
Branch: 2F, Unit 1 Cantimbuhan Building, Zone IV, Dasmarinas City, Cavite
Contact No.: 0992-5400499/09569154926

Atty. Florris V. Innocencio