Mr.

Christian Grey
Unit 402 The Centerpoint Bldg.,
Garnet St., cor. Julia Vargas Ave.,
Ortigas Center, Pasig City 1605
Dear Mr. Grey:
This legal opinion seeks to answer your question regarding the Condominium
Unit bought by Mr. Eaton Maton by installment for 24 months which the latter
subsequently failed to pay.
The Facts:
On September 3, 2003, Mr. Eaton Maton bought on installments a
condominium unit, worth 3 Million Pesos, located at Avida, payable in 24
months and issued postdated checks. He immediately occupied said unit. On
May 3, 2005, Mr. Matin failed to pay his monthly installment together with
the interest, despite repeated reminders and demand to pay from the
creditor, Mr. Christian Grey.
The Applicable Law
Art. 1169 of the Civil Code
Those obliged to deliver or to do something incur in delay
from the time the obligee judicially or extrajudicially demands
from them the fulfillment of their obligation.xxx
B.P. 22 section 1
Checks without sufficient funds. - Any person who makes
or draws and issues any check to apply on account or for value,
knowing at the time of issue that he does not have sufficient
funds in or credit with the drawee bank for the payment of such
check in full upon its presentment, which check is subsequently
dishonored by the drawee bank for insufficiency of funds or
credit or would have been dishonored for the same reason had
not the drawer, without any valid reason, ordered the bank to
stop payment, shall be punished by imprisonment of not less
than thirty days but not more than one (1) year or by a fine of
not less than but not more than double the amount of the check
which fine shall in no case exceed Two Hundred Thousand Pesos,
or both such fine and imprisonment at the discretion of the
court.
R.A. 6552 otherwise known as the Maceda Law Section 4
In case where less than two years of installments were
paid, the seller shall give the buyer a grace period of not less

than sixty days from the date the installment became due. If the
buyer fails to pay the installments due at the expiration of the
grace period, the seller may cancel the contract after thirty days
from receipt by the buyer of the notice of cancellation or the
demand for rescission of the contract by a notarial act.
Analysis and Conclusion
The continuing refusal of Mr. Maton to heed on your demands to fulfill his
obligation constituting the payment of the installment unmistakably shows
the existence of a cause of action on your part against Mr. Maton. As the
aggrieved party, you have the right to demand for the payment of the sum
of money consisting of the unpaid installment and interest. In addition to
this, you may file a criminal case for violation of BP 22 against Mr. Maton for
issuing a check knowing at the time of issue that he does not have sufficient
funds in or credit with the drawee bank for the payment of such check in full
upon its presentment.
You may also opt to rescind your contract with Mr. Maton under the Maceda
Law. If you wish to pursue this you shall give Mr. Maton the grace period of
not less than 60 days from the date the installment became due, that is from
May 3, 2005 until July 2, 2005 to pay for the installment which became due.
If the buyer, Mr. Maton fails to pay the installment on or before July 2, 2005
you shall notify Mr. Maton of you intention to cancel the contract or demand
for rescission of the contract by notarial act and after thirty days from
receipt, you then may annul the contract and demand the eviction of Mr.
Maton from the premises.
I am happy to share with you my opinion regarding this matter. Please let me
know if you would like to discuss this matter extensively.

Very Truly Yours,

Diane Erika Modesto