January 8, 2016
URGENT MATTER –
Via Personal
Delivery
Atty. xxx
Vice Pres. – Real Estate Asset
Disposition and Management
Office (READMO)
Government Service Insurance
System (GSIS)
GSIS Financial Center
Pasay City
Re: GSIS Housing Loan Account
No. x x x; TCT No. xxx
(As Cited in the “Final
Demand Letter”, dated
October 22, 2015, issued by xxx, Manager, GSIS Housing Account Reconciliation
Dept.)
Mabuhay:
We are the legal heirs of the deceased ATTY. xxx,
who died on February 20, 2008 in xxx City of natural cause.
This
refers to the conjugal/family home left by our said deceased father located at Lot xxx, Block xxx, xxx St., xxx
Subdivision, xxx, xxx City, with a lot area of 219 sq. m., with
improvements thereon, and covered by TCT
No. xxx issued by Register of Deeds of xxx Province on March 20, 1972.
We are
writing in re: the aforementioned “Final
Demand Letter”, dated October 22, 2015, issued by xxx, Manager, GSIS Housing
Account Reconciliation Department, addressed to our said deceased father, which
was received by us on December 10, 2015,
giving him (i.e., his legal heirs or
legal estate) 30 days from receipt thereof to settle the alleged total
liability of P17, 831, 394.99,
otherwise, the GSIS shall be constrained to cancel/foreclose
the Deed of Conditional Sale (DCS)/Deed of Real Estate Mortgage (DREM) on the
said property.
This
letter is co-signed and conformed to by the legal heirs of our deceased father,
named hereinbelow who are present and available in the Philippines to sign this
letter, as proof of my authority to write this letter to the GSIS in behalf of legal
estate and all the legal heirs of my deceased father.
The purposes of this letter are
(a) to seek from the GSIS a clarification
of the vague, confusing or inaccurate data and figures contained in the GSIS
accounting database relative to the loan account of our deceased father and (b) to seek a fair
and accurate updating and reconciliation of the true figures and
data involving the said account of my deceased father.
While
the foregoing requested activities are in progress, being studied and reviewed
by the GSIS and the legal heirs, we respectfully request that further legal
actions, e.g., cancellation and foreclosure of the DCS and DREM be DEFERRED AND
SUSPENDED, in the interest of justice and fairness.
More
particularly, we request the following:
1. We
request that a RECONCILIATION OF ACCOUNTS be made by the GSIS considering that
there were non-posting or non-inclusion of payments made by our deceased father
in 1972 and onwards.
2. We
request that the said 1972 payments be CREDITED against the principal loan (the
official receipts for which are no longer available in our records);
3. We
request that the 1985 payments (P13,000.00 plus) be CREDITED against the
principal loan (the official receipts for which are no longer available in our
records but the said figure appears in the GSIS accounting database);
4. We
request that payment of another amount of P16,000.00 plus be CREDITED against
the principal loan (the official receipts for which are no longer available in
our records but the said figure appears in the GSIS accounting database).
5. We
request a clarification and/or correction of the real or correct principal
amount of the loan, considering the following confusing information we have
gathers from the GSIS:
(a)
In a Letter, dated February 28, 2003, issued by the
GSIS Housing Finance Services, and signed by xxx, Vice President, together with
the Statement of Account (SOA) as of December 31, 2002, copies of which are
attached as Annex “A” to Annex “A-1” hereof, it is stated the outstanding
balance was P434, 007.75, consisting of P36, 530.11 as principal, P227, 933.96
as interest, P168, 736,41 as surcharge, P798.75 as fire insurance premium, and
P8.52 as surcharge of fire insurance premium.
(b)
In said Annex
“A-1”, supra, the principal was
P36, 530.11. The loan amount was P44, 000.00.
(c)
In a document entitled “LIST OF HIGHLY
DELINEQUENT INDIVIDUAL REAL ESTATE LOANS (IREL) ACCOUNTS AS OF DECEMBER 31,
2002” published in The Philippine Star
on March 9, 2003, Sunday, attached as Annex ”B” hereof, the outstanding balance
of my deceased father was P193, 907.03.
(d)
In a Letter,
dated March 9, 2006, issued by GSIS Housing Finance Administration
Department and signed by xxx, Division Chief, attached as Annex “C” hereof, the original loans were P44, 000.00 as
principal and P14,000.00 as principal for Loan No. R00022490 and Loan No.
R00022491, respectively.
In view of the foregoing
facts, we further request that all payments against the principal be posted and
recognized and that thereafter the interests be accurately computed as a basis
for settlement of the said account of our deceased father; and that we be
provided for a REVISED COPY OF THE STATEMENT OF ACCOUNT duly signed by the
proper officers of the GSIS, for our further review and appropriate action.
Further, in the meantime, we
respectfully request that the GSIS suspend/defer
any legal action to cancel or foreclose the deed of conditionals sale and
deed of real estate mortgage of our
deceased father, in the interest of justice and fairness.
Furthermore, we respectfully
request the CONDONATION of the penalties and surcharges attributed to the said
loan account of my deceased father, for reasons of compassion and
humanitarianism, considering the service of more than 25 years of our deceased
father to the Philippine Government (1954 or thereabout to 1980), more
particularly as Public School Teacher and Acting Principal in xxx, xxx, as
Messenger Clerk of the xxx, and later as Senior Researcher at the xxx (after
taking up Law while working). He joined the Government Service in 1954 or
thereabout. In 1980, he retired due to heart ailment. In 1990 he suffered a
severe stroke. In 2000 he was bedridden due to a second attack of severe
stroke. In February 2008 he died of heart and lung ailments in xxx City. Please
see a copy of his Death Certificate
as attached as Annex “E” hereof. Before our father died, he informed us that
he was working for the CONDONATION of his GSIS account, a matter which we
respectfully wish to pursue thru this letter.
Finally,
we respectfully manifest our willingness
to amicably settle the account of our deceased father, for which reason we
respectfully request a CONFERENCE with the proper GSIS officers assigned to
study the account of our deceased father to discuss with them the foregoing
prayers contained in this letter on such date and at such time as may be most
convenient to the GSIS.
Thank you.
Very truly yours,
X x x
Legitimate Eldest Son Of the Deceased Atty. xxx
(Address)
CONFORME:
xxx
Widow of the Deceased Atty. xxx
(Address)
xxx
Legitimate Son of the Deceased Atty. xxx
(Address)
X x x
Acknowledged Illegitimate Son of the Deceased Atty. xxx
(Address)
X x x
Acknowledged Illegitimate Son of the Deceased Atty. xxx
(Address)
Notes:
1. The
legal heir xxx (my full-sister) died single in xxx on May 8, 1995 without legal
heirs.
2. The
legal heir xxx (my sister) now lives and works in xxx as an xxx citizen.
3. The
legal heir xxx (my half-brother) also lives and works in xxx as a permanent
resident therein.
X x x
Legitimate Eldest Son Of the Deceased Atty. xxx
(Address)
Copy Furnished:
xxx
Manager – Housing Accounts
Reconciliation Dept.
GSIS Financial Center
Pasay City
(personal
delivery)
File copy
