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Demand Letter (Vasquez)

This demand letter summarizes the following: 1) The client paid ORREI Solar P250,000 to install solar panels at her birthing clinic to reduce electricity bills by 70% but bills increased by P4,000 instead. 2) Repeated demands to repair the solar panels were ignored. 3) The client is invoking her right to rescind the contract and demands a refund of P250,000 within 10 days or the solar panels will be dismantled. 4) Failure to comply will result in legal action being filed in court to enforce the client's rights.

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Eliza Den Devilleres
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416 views2 pages

Demand Letter (Vasquez)

This demand letter summarizes the following: 1) The client paid ORREI Solar P250,000 to install solar panels at her birthing clinic to reduce electricity bills by 70% but bills increased by P4,000 instead. 2) Repeated demands to repair the solar panels were ignored. 3) The client is invoking her right to rescind the contract and demands a refund of P250,000 within 10 days or the solar panels will be dismantled. 4) Failure to comply will result in legal action being filed in court to enforce the client's rights.

Uploaded by

Eliza Den Devilleres
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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June 21, 2023

ENGR. ERLE STANLEY FAUNE


ENGR. REGGY BUENO
ORREI Solar
Davao Orchard Road, Inc.
Circumferential Road
Marfori Heights, Davao City

RE: DEMAND LETTER

Sir,

I write this demand letter on behalf of my client JUDITH C. VASQUEZ (hereinafter


referred to as Judith), concerning your installation of solar panels at JLR Birthing Clinic
located at Cabaluna Street, Brgy. New Visayas, Panabo City.

It was relayed to me by my client that both of you, including MARK ROLAND N.


LAPATING (hereinafter referred to as Mark Roland), have proposed installing solar panels
in her birthing clinic to reduce her electricity bill by seventy percent (70%). You even made
assurances to her that made pay an amount to you and your colleagues a total amount of Two
Hundred Fifty Thousand Pesos (P250,000.00)1.

However, your assurances were in vain because instead of a reduced electricity bill, it
increased by approximately Four Thousand Pesos (P4,000.00) or more from April to June
2023 after installing the solar panels 2. Her constant demands that you make the necessary
repairs for the solar panels you have installed were in vain because, up until this day, you
have failed to heed the same.

Last June 19, 2023, my client also went to the Panabo City Police Station to report the
incident that had happened to her3.

Under Article 1191 of the Civil Code, it provides that:

“Art. 1191. 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.”

1
The written agreement between the parties dated April 14 and 16, 2023 is herein attached as Annex “A.”
2
A copy of the Davao Light electrical bills from April 2023 up to May 2023 is herein attached as Annex “B”, “B-1”, “B-2” and “B-3.”
3
A copy of the Police Blotter is herein attached as Annex “C.”
Article 1191 of the Civil Code, the right to rescind an obligation is predicated on violating the
reciprocity between parties, brought about by a breach of faith by one of them. Rescission is
allowed only where the breach is substantial and fundamental to fulfilling the obligation. The
remedy of the parties if there is a rescission is a mutual restitution.

We, therefore, demand that you immediately pay my client the P250,000.00 amount that she
has paid you within ten (10) days of receiving this letter. You can also dismantle the
installed solar panels on the premises of her birthing clinic. Failure on your part to do so, we
will file the necessary action in court to enforce my client’s rights.

We trust that you will give this matter your prompt and preferential attention to avoid the
expense and inconvenience of litigation.

Thank you!

ATTY. ELIZA DEN A. DEVILLERES


Lawyer

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