1 March 2021
TO: SHANDELLE C. ADRIAS
Punong Barangay
Sacobia, Barangay San Vicente, Phase 3
Municipality of Bamban, Province of Tarlac
Dear Sir/Madame:
We are humbly sending you our greetings, and hope that this letter reaches you in a good
and safe condition.
We are writing this letter to inform you that we are the Heirs of the late Rogelio Lacson
Gonzales and Carmelita Perez De Jesus-Gonzales, who are the registered owners of a
parcel of land located in Sacobia, Barangay San Vicente Phase 3, Municipality of Bamban,
in the Province of Tarlac, which is under your honorable jurisdiction. Said parcel of land
is occupied by a certain GENEROSO GONZALES MANALO, who is a cousin from our
father’s side of the family. Said person occupied, without our consent, the said parcel of
land and inhabited the whole lot, placing barricades along its entirety, preventing all other
members of the family from entering its premises. For the longest time, due to financial
constraints, we allowed said person to inhabit the lot to assist him with his financial needs.
Such time came when a family member decided to construct a house therein for his
family, but he blocked the entrance to the place, prohibiting said person from finishing
the construction of the house therein. We let this issue slip our hands as it was not a
controversy worthy of filing a complaint thereto. However, an information from an
anonymous source came to our knowledge telling us about his intention to sell the whole
property for FIVE MILLION PESOS (Php5,000,000.00), without our consent or authority.
Said lot already has a potential buyer. To prevent further controversy and the expenses
of a litigation, we are lifting this matter up to your capable hands for proper resolution.
Should the said land be sold to the potential buyer, we are hereby suing for the same
amount for our portion of the parcel of land in the amount it was bought and for any and
all applicable legal remedies and civil, criminal, and real estate claims available for our
disposal in the filing of a Complaint or Information. It is clear that no person can transact
about the sale of a property to which they are not a party except when the person is
authorized by either the buyer or the seller. Should the sale of the property commence,
we are hereby invoking our right to the property under Article 1403 of the Civil Code
which provides that:
“Art. 1403. The following contracts are unenforceable, unless they are ratified:
(1) Those entered into in the name of another person by one who has been given
no authority or legal representation, or who has acted beyond his powers;
(2) Those that do not comply with the Statute of Frauds as set forth in this number.
In the following cases an agreement hereafter made shall be unenforceable by
action, unless the same, or some note or memorandum, thereof, be in writing,
and subscribed by the party charged, or by his agent; evidence, therefore, of
the agreement cannot be received without the writing, or a secondary evidence
of its contents:
xxx
(d) An agreement for the sale of goods, chattels or things in action, at a
price not less than five hundred pesos, unless the buyer accept and
receive part of such goods and chattels, or the evidences, or some of
them, of such things in action or pay at the time some part of the
purchase money; but when a sale is made by auction and entry is
made by the auctioneer in his sales book, at the time of the sale, of
the amount and kind of property sold, terms of sale, price, names of
the purchasers and person on whose account the sale is made, it is a
sufficient memorandum;
(e) An agreement of the leasing for a longer period than one year, or for
the sale of real property or of an interest therein;
(f) A representation as to the credit of a third person.
(3) Those where both parties are incapable of giving consent to a contract.”
Hence, under said law, the sale of the property will be void from the beginning. To prevent
matters from escalating, we are hereby requesting your good office to conduct an
investigation in the matter within ten (10) calendar days upon receipt and to call for a
mediation conference between our parties for us to be able to reach an amicable
settlement and retrieve ownership of the land. We are expecting your honorable reply to
the matter after the day specified herein.
You can send us a copy of your reply at 187 Iba Street, Brgy. Salvacion, La loma, Quezon
City, or contact us at mobile number 09760099569 or 09277709854.
We are hoping that your capabilities will be able to resolve this matter in the soonest
possible time.
Yours very sincerely,
RUBY DE JESUS GONZALES-GARCIA
Heir of the late Rogelio Lacson Gonzales
and Carmelita Perez De Jesus-Gonzales
Complainant
Page 2 of 3
Conforme:
ROSITO DE JESUS GONZALES
ROLITA DE JESUS GONZALES
ROWENA DE JESUS GONZALES
ROMELITA DE JESUS GONZALES-RAYON
Heirs of the late Rogelio Lacson Gonzales
and Carmelita Perez De Jesus-Gonzales
Complainants
By:
KRISANTA GONZALES GARCIA-DE GUZMAN, MPA, JD
Legal Consultant, Complainants
COPY FURNISHED:
GENEROSO GONZALES MANALO
Sacobia, Brgy. San Vicente Phase 3
Municipality of Bamban, Province of Tarlac
Page 3 of 3
