February 20, 2018

ROBINSON’S LAND CORPORATION

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Sir/Madam:

This is in response to the Notice of Cancellation you sent and received by

the undersigned last January 10, 2018, informing that the purchase of the
condominium unit, described as Unit 04F Gateway Garden Ridge located at
Brgy. Barangka, Ilaya, EDSA Mandaluyong City, was cancelled and all
payments by the undersigned were deemed forfeited due to the
following reasons:

1. Failure to remit payments as they fell due according to the schedule;

and,
2. Voluntary withdrawal from the intention to purchase the condominium
unit.

Please be informed that:

1. The undersigned had never received any notice from the bank that any
of the postdated checks issued for the payment (down payment &
installments) of the said unit and its association dues were unfunded.
In fact, all the checks issued and dated until December 16, 2017 were
cleared, as evidenced by the Bank Statement from the BPI Checking
Account of the undersigned dated February 12, 2018 covering the
period from December 14, 2017 to February 11, 2018;

2. It was only during the turn over when the undersigned was informed by
the building admin that renting out the said unit is not allowed as
opposed to what the agent, Ms. Carol Sto. Domingo, told him before
buying the unit;
 3. The purpose of the email to Mary Ann Lim last December 20, 2017 was
actually to reconfirm if indeed renting out the said unit immediately
after the turnover is allowed. However, the question in the said email
was not answered, instead you sent a notice of cancellation with
forfeiture of all the payments; and,

4. The said email is not tantamount to voluntary withdrawal because the

undersigned was just asking whether indeed the said unit can be rented
out immediately after the turnover and that the reason for asking a
refund is due to the fault of the agent and not by the undersigned.

As regards the first reason, if the undersigned had really failed to remit
payments on the due date, it would not be a valid reason for cancellation of
the said Reservation Application because the same is void for violating the
provisions of Maceda Law which applies to all transactions or contracts
involving the sale or financing of real estate on installment payments,
including residential condominium apartments. Under Section 4 of the said
law, it provides that xxx In case where less than two years of installments
were paid, the seller shall give the buyer a grace period of not less than sixty
days from the date the installment became due. If the buyer fails to pay the
installments due at the expiration of the grace period, the seller may cancel
the contract after thirty days from receipt by the buyer of the notice of
cancellation or the demand for rescission of the contract by a notarial act.
Section 7 of the same law reiterates that any stipulation in any contract
to the contrary shall be void. Therefore, the cancellation based on the
abovementioned reason is void for being contrary to law.

As regards the second reason, the withdrawal of the undersigned is

justified because of the presence of deceit. Ms. Sto. Domingo, the agent, was
asked by the undersigned whether the unit sought to be bought could be
rented out. She told the undersigned that it can be rented out as there is no
proscription to the same. It was only during the turnover when the
undersigned was informed that it could not be. The undersigned would not
have agreed to buy the unit if the agent had told the former ahead of time
that renting out is not allowed. The agent was at fault for not informing the
undersigned about the prohibition before he entered into a contract. With that
reason, the asking for a refund is proper because the main purpose will no
longer be served.
 The undersigned cannot accept the fact that he would suffer loss of money
due to fault of the agent. Remember that under the provision of Human
Relations, every person who through an act of performance by another, or
any other means, acquires or comes into a possession of something at the
expense of the latter without just or legal ground, shall return the same to
him. Hence, the undersigned reiterates the demand of full refund of
the payments he made as previously requested in the email dated
December 20, 2017 within ten (10) days from receipt of this letter.
Failure to act on this matter, the undersigned will be constrained to file the
appropriate administrative, civil and criminal action.

Very truly yours,

ROGELIO M. FURUC

COPY FURNISHED:

ROBINSONS LAND CORPORATION

MYRNA S. HERNANDEZ

LALA S. MEDINA

CAROL STO. DOMINGO