DEMAND LETTER

07 June 2024

CALMARLAND Development Corporation

CLDC Building, Maharlika Highway
Kanlurang Mayao, Lucena City

Attn: SHEINA MAE NAVARRO-CARINGAL

Account Officer / Loans Section – Batangas

SHARA MAE TOLENTINO

Selling Agent

ANDREA FABREA
andrea.fabrea@calmarland.com

MELCHOR ALDAYA
melchor.aldaya@calmarland.com

Sir and Madams:

I write on behalf of my client, Mr. Marlon C. Laluan, in connection with a property more
particularly described as follows:

Project Package: House and Lot

Project : Sorrento
House Model : Lara End Complete
Area : Lot Area of 122 sq.m., and Floor Area of 68 sq.m.
Location : Phase 2C, Blk 11, Lot 24

which he purchased by virtue of a Reservation Agreement No. 002349 dated April 22, 2019.

Based on the above agreement which includes the agreement relating to the down payment
and/or equity, Mr. Laluan is bound to pay such payment in the amount of Php 197,622
representing fifteen (15) monthly equity (Php 13,174.80 per month), to be paid beginning
on May 5, 2019 to July 28, 2020. Said downpayment was fully paid exactly on June 28, 2020
by Mr. Laluan; the latter religiously and faithfully paying the equity due for each month. By
way of claiming what he believed he is entitled to, he demanded that the construction and
development of the aforementioned described property ensue; but to his surprise, he was then
told by Ms. Tolentino, the selling agent, that the same would not be possible because the
construction and development of the units for the said project shall be by batch, that is,
notwithstanding the full payment of the equity and/or downpayment and the bank’s approval
of the housing loan by the client, the housing unit purchased cannot be constructed yet if
there is no another unit to be simultaneously constructed under the same project.

The above circumstances are in contrary of the promises made by Ms. Tolentino to Mr.
Laluan, during the time that the parties were negotiating the sale. Accordingly, the former
made representations to the latter that upon full payment of the downpayment and the bank’s
approval, construction and development shall immediately ensue. Mr. Laluan’s loan was then
disapproved by the bank. Possibly due to the fact that it was the time of a global pandemic,
my client admitted that he failed to process the re-application of the Agreement and/or the
Contract, as agreed upon. It was then that his account was forfeited. My client insists that
such sanction due to delay in processing the re-application was not disclosed to him by Ms.
Tolentino. He was not at all informed of the developer’s timeframe for re-application of
account, nor did he receive any notice whatsoever about the forfeiture of his account.

After my client came to know about this forfeiture, he sent an email to Mrs. Caringal, seeking
for a possible relief. To his frustration, he was merely told that the company sends a notice
before it forfeits an account, which my client strongly belies. Ms. Caringal, in a separate
email, then ordered Mr. Laluan to make a Reinstatement Letter to which the latter
immediately complied to on March 22, 2023. Mr. Laluan made a follow-up sometime in July
2023, but this seems to fall on deaf ears.

Needless to say, the above circumstances both prove prima facie evidence of deceit
constituting false pretenses and a clear failure to fulfil the obligation of a party bound by an
Agreement, which may be punished under the law.

Records show that my client has paid a total of Php 207, 622 representing both the
reservation fee made on April 22, 2019, O.R. NO. 15660UP and the total down payments.

In view of the foregoing and on behalf of my client, we opt to exercise the right of rescission
of the contract with Calmarland predicated on the injurious breach suffered by Mr. Laluan. In
addition, we DEMAND the refund of the downpayment, as well as other payments made; as
allowed by law, specifically by Presidential Decree No. 957 and all other pertinent provisions
of the Civil Code that regulates the rights of a buyer of real property on installment.

Attached herewith is a copy of the pertinent documents relevant to this demand.

You are hereby given five (5) days from receipt of this letter to comply with the
aforementioned requests. Should you fail to comply within the period provided, we shall then
be constrained to proceed the enforcement of my client’s rights before a tribunal of competent
jurisdiction.

We trust that you will give this matter your preferential attention.

Yours truly,

ATTY. ELLEN L. GONZALVO

atty.ellen.gonzalvo@gmail.com / +63 949-607-1958
Roll of Attorney No. 85909
IBP No. 345132 / May 13, 2023 / Pasig City
PTR No. 3554784 / May 12, 2023 / Tanauan City
MCLE for Initial Compliance until April 14, 2025