ENRIQUEZ CAPIN and GAUGANO LAW OFFICES
Door 1, 2nd Floor, LDM Bldg., Pilar St., Zamboanga City
Tel. Nos. (062) 990-1412; (062) 926-1264
March 12, 2010
MR. ROMEO I. LOPEZ
Business Development Manager
Philplans First Inc.
8th Floor Total Corporate Center,
Kalayaan Avenue, Triangle Drive,
Fort Bonifacio, Taguig City
Dear Mr. Lopez,
My client, ANSELMA G. CAPA, of ____________, Zamboanga City, has
referred to my office for appropriate action the cancellation of her Insurance
Policy with the corresponding refund of the Insurance premium charged against
her BPI Card Account No. 5455-1229-0450-7689 in the amount of Thirty Two
Thousand Three Hundred Twenty Four Pesos, Philippine Currency (Php
32,324.00).
On 09 March 2010, Mrs. Capa went to the Philplans First Inc., Zamboanga
City Branch located at La Purisima St., Zamboanga City, upon receiving a call
from one of its telemarketer, informing her that she was selected and entitled to a
free insurance coverage. Upon her visit, she was served by its Unit Manager,
Ermin Vigil, who then apprised her of the various insurance schemes and
benefits which are available to your Company’s clienteles.
Without any other further information, Mrs. Capa was made to sign an
Application Form for which she was assured would still be subject to Approval
from the Main Branch in Manila. Afterwards, my client was asked to give any
available credit card which may be charged with the payment of the insurance
premium, for which Mrs. Capa showed Mr. Vigil her BPI Credit Card. She was
then told that he will verify if the card may be charged with the insurance
premium payments when the insurance application will be approved and by
reason of the same, Mrs. Capa surrendered her BPI Card. Mr. Vigil then left and
unknown to my client, Mr. Vigil already caused the payment of the annual
insurance premium for the Prodigy Plan Type amounting to Thirty Two Thousand
Three Hundred Twenty Four Pesos, Philippine Currency (Php 32,324.00) against
Ms. Capa’s BPI Credit Card. Upon his return, Mr. Vigil asked Mrs. Capa to sign
the Credit Card receipt and the authority to charge the subsequent premium
payments against said Credit Card Account. After which, Mrs. Capa was told to
return to claim her Insurance Policy.
It appears from the foregoing that Mrs. Capa was misled by your
Company representatives into obtaining insurance coverage for which she did
not consent to procuring. Most importantly, by reason of the misrepresentation of
your representatives, Mrs. Capa had been fraudulently divested of the amount of
Php 32,324.00 when the premium payment was charged against her BPI Card
without her permission and knowledge. Said misrepresentations caused damage
and prejudice to my client for which she should be recompensed as Mrs. Capa
never intended to be bound in any manner with your Company with respect to
the insurance policy that she was made to apply for.
In this connection, demand is respectfully made against you to cause the
cancellation of the insurance contract/policy (Prodigy) of my client, Mrs. Capa,
and refund to her the full amount of Thirty Two Thousand Three Hundred Twenty
Four Pesos, Philippine Currency (Php 32,324.00), charged against her BPI
Credit Card account, representing the supposed annual insurance premium for
said policy, within ten (10) days from the receipt of the same.
In accordance with law, our Office is prepared to take immediate action in
order to protect my client’s interest. We hope for an immediate conciliation in
receiving what is rightfully due my client before being forced to seek a harsher
legal and judicial remedy.
Please give this letter your utmost preferential attention and thank you in
advance.
Very truly yours,
ATTY. MARIA FE C. GAUGANO, CPA
At my behest:
ANSELMA G. CAPA
