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    Letter To Lumina Homes

    Uploaded by

    crystine jaye senadre

    Copyright:

    © All Rights Reserved
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    Letter To Lumina Homes

    Uploaded by

    crystine jaye senadre
    552 views2 pages

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    Letter to Lumina Homes

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    552 views2 pages

    Letter To Lumina Homes

    Uploaded by

    crystine jaye senadre

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Lumina Homes, Inc.

    Bacolod City, Philippines.

    Dear Ma’am/Sir:

    Greetings!

    I hope this letter finds you well. I am writing to address an issue regarding the
    development of Lumina Homes East Bacolod Subdivision located in Brgy. Granada,
    Bacolod City, Philippines, for which I had made an equity payment of more or less
    TWO HUNDRED SEVENTY THOUSAND (P270,000.00), for the unit Lot 34, Block 5,
    House Model Athena.

    I have executed a Reservation Agreement for the reservation of the property in March
    24, 2021, and was advised to pay the monthly equity. Thereafter, the property will be
    turned-over to me. I have already completed the payment of the equity, however, you
    have failed to turn-over the property.

    Regrettably, it has come to my attention that the construction of the subdivision has
    ceased, and there has been no communication regarding the resumption of the project.
    Unfortunately, due to this circumstance, the property is no longer available, resulting to
    my damage and prejudice.

    Section 23 of P.D. No. 957 provides that:

    Section 23. Non-Forfeiture of Payments. No installment payment made by a buyer in a


    subdivision or condominium project for the lot or unit he contracted to buy shall be
    forfeited in favor of the owner or developer when the buyer, after due notice to the
    owner or developer, desists from further payment due to the failure of the owner or
    developer to develop the subdivision or condominium project according to the
    approved plans and within the time limit for complying with the same. Such buyer
    may, at his option, be reimbursed the total amount paid including amortization
    interests but excluding delinquency interests, with interest thereon at the legal rate.

    Moreover, Article 1191 of the New Civil Code provides that, “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 power to rescind this agreement is incumbent to the both of us since there is
    already a breach of obligations on your part to turn-over the property upon full
    payment of equity. Rescission creates the obligation to return the things which were the
    object of the contract.

    With the foregoing, I am requesting a FULL REFUND of the equity payment made
    towards the development.

    I understand that unforeseen circumstances may have led to the pause in construction;
    however, the lack of updates or information on the future of the project has left me with
    no choice but to seek a refund of my investment.

    I would appreciate it if you could process the refund at your earliest convenience.
    Please provide me with the necessary instructions and documentation required to
    facilitate the reimbursement process.

    I would like to thank you in advance for your attention to this matter. Should you
    require any further information or clarification, please do not hesitate to contact me.

    I look forward to a prompt resolution to this issue.

    Sincerely,
    RUPERT JOY N. SENADRE

    With my conformity:
    ATTY. CRYSTINE SENADRE-RABELLEZA

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