LASERNA CUEVA-MERCADER
Law Offices
Unit 15, Star Arcade, C.V. Starr Avenue,
Philamlife VillageLas Pinas City 1740 Philippines
Tel/Fax: (63 2) 8725443 & 8462539;
Mobile: (63) 943 3425978
URL: http://lcmlaw1.blogspot.com;
http://www.twitter.com/lcmlaw_ph;
January
28, 2016
Via LBC Express
Corp.
Atty.
xxx
Counsel
for xxx
xxx
Law Office
xxx
Bldg.
xxx
Ave., xxx
xxx
City
RE
: YOUR DEMAND LETTER, DATED JANUARY
22,
2016, ADDRESSED
TO xxx.
MABUHAY:
We represent xxx, a resident of xxx ,
xxx, xxx City.
This refers to your Demand Letter,
January 25, 2016, which the spouse of our client xxx received on January
28, 2016, demanding the sum of P88,424.00 in re: the vehicular incident
that happened on January 8, 2016 at about 7:00 AM in xxx, xxx City.
We respectfully DENY the claim of your
client, the same being unfounded, baseless and contrary to the truth and the
evidence, the truth being that the reckless imprudence, lack of due
diligence, and criminal irresponsibility of your client were the proximate cause
of the said vehicular incident which likewise caused damage to the vehicle of our
client in the amount of P96,480.82 (See attached Toyota Alabang
estimate/quotation, dated January 8, 2016).
The said amount of damage shall be proven
in due time by our clients before the Office of the City Prosecutor and the
proper Trial Court.
Per latest inquiry by xxx, the PNP xxx
City Traffic Bureau has forwarded to the Office of the City Prosecutor the
records of the said vehicular incident for regular preliminary investigation.
The case is reportedly docketed as I.S. 16A-xxx before the said
Office and will still be raffled to an investigating prosecutor as of today.
Our clients are prepared to LITIGATE
their claim before the said Office and the proper Trial Court of xxx City in
due time, without prejudice to the right of the contending parties to discuss
and explore a possible Compromise during the Mediation and the
Judicial Dispute Resolution phases of the said case.
For your information, xxx will fly
tomorrow for abroad as an overseas Filipino worker (a seaman in a foreign
cruise liner). His wife, xxx (who is the registered owner of the xxx
vehicle involved in the aforecited vehicular incident), will represent him as
his attorney-in-fact for purposes of the litigation of the aforecited case
before the Office of the City Prosecutor and the proper Trial Court.
Please note that we had previously send a
Letter, dated January 8, 2016, to your
client xxx, with address of record as per his Driver’s License at xxx, xxx City, inviting him to a
conference at our law office on January 13, 2016 at 3:00 PM to
discuss/explore a Compromise. Your client did not appear during the said
conference. Thank you.
Very truly yours,
Atty. MANUEL J. LASERNA JR.
Counsel for Spouses xxx
Noted:
xxx
Spouse of xxx
And the Registered Owner of
The xxx Family Vehicle
(Toyota
xxx, Plate No. xxx)
