Law Offices of Calizo Millares MARISTELA Madrid & Associates Suite 327 Eagle Court Condominium 26 Matalino Street, Diliman, Quezon City 1100 Metro Manila, Philippines SERGIO R. CALIZO, JR. MICHAEL P. MILLARES. DOMINGO B. MARISTELA, JR. BJORN M. MADRID
Telephone No. (63) (02) 4262269 Mobile Nos. (0928) 7935180 . (0916) 6374635 Email cmmmlaw@gmail.com
June 20, 2019 MR. RYAN SUMALINOG Vice President For Operations DC Tech Building C Bangoy St. (formerly Ponciano St.) Davao City, 8000. Dear Mr. Sumalinog: We write for and in behalf of our client, MR. JOSE C. MARISTELA owner of the parcel of land in Brgy Katangawan, General Santos City, where your warehouse is situated (“subject property”). He is represented by his son and Attorney-in-Fact MR. JOSE O. MARISTELA, III. It may interest you to know that our client is now the owner of the subject property pursuant to the Deed of Sale between Mr. Isidro Protasio and Mr Jose C. Maristela dated August, 2018. Of course, you are aware that your company, DC TECH MICRO SERVICES, executed a Deed of Conditional Sale with our client covering a parcel of land also in General Santos City. Related to this, you will remember also that you entered into a Lease Contract with Mr. Protasio and that it was the latter who allowed you to construct the warehouse in the leased premises. Subsequently, the lease already expired on October 31, 2018 without it being renewed.
However, we were informed by our client that the warehouse was constructed outside of the property covered by the Deed of Conditional Sale executed by Mr. Maristela and your company. As our client intends to sell the land to interested buyers, we are informing you, effective upon receipt of this letter, your possession and use of the above property is just by mere tolerance of our client. Hence, this letter serves as FINAL DEMAND for you to surrender the premises by REMOVING OR DEMOLISHING your warehouse, cleared the premises, and surrender possession of the subject property within one month or thirty (30) days from receipt hereof. Failure to heed this demand will constrain us, much to our regret, to file the appropriate legal actions in court to protect his rights and hold you liable your company for actual damages, attorney’s fees and litigation cost. We hope that you will take this matter your most preferential attention.
Very truly yours, BJORN M. MADRID MELISSA FINA U. MARISTELA For the firm With my conformity: JOSE O. MARISTELA, III Attorney-in-Fact of Jose C. Maristela