11 September 2015
MR. CHRISTOPHER S. MAGTIBAY
Unit 217 Tara Residences,
Barangay Culiat,
Quezon City
Dear Mr. Magtibay:
We write in behalf of our client, TERESITA T. SANTOS.
Our client has informed us that her vehicle, a 2000 model Honda CR-V with
plate number WLH-857, driven at that time by her brother Arturo T. Santos, was in a
car accident involving your 2014 Hyundai Eon vehicle with conduction sticker
number MM-0421 last 2 September 2014, 1:15 a.m., at the parking area of Citi Plaza 2
Building, Tandang Sora Avenue, , Barangay Pasong Tamo, Quezon City. As stated in
the Traffic Incident Report of the Quezon City Police herein attached as Annex “A”, the
events transpired as follows:
“It appears that at about 1:15 a.m., this date, herein party no. 2
driven vehicle (your vehicle), was moving backward at the abovestated
place of occurrence this city, while in the process its rear left edge
portion hit the right front edge portion of party no. 1 vehicle (our
client’s vehicle) which was parked unattended thereat. As a result
thereof both vehicles involved incurred damages at point of contact.”
(Notes and emphasis supplied.)
In your Sinumpaaang Salaysay signed and dated 2 September 2014 (attached
as Annex “B”) you clearly admitted fault on the incident. Furthermore, you stated in a
Certificate of Settlement dated and signed by you last 28 November 2014 (attached as
Annex “C”), that you “shall pay in favor of MR. ARTURO T. SANTOS of whatever
amount(s) that would be incurred on the repair costs of (the) Honda CRV with plate
number WLH 857”. However, despite several attempts to set a meeting and repeated
demands made upon you, you have failed to pay for the cost of repairs for the damage
incurred by our client’s vehicle, nor have you shown any intent to do so.
In order to compensate for the grievous injury which our client suffered due to
your negligence, we are giving you this final demand to pay our client the following:
1. SIXTY FOUR THOUSAND FIVE HUNDRED EIGHTY ONE PESOS (PHP
64,581.00) representing the cost of repairs for the damage sustained by our
client’s vehicle, as shown by the attached copy (see Annex “D”) of the Job
Estimate prepared by Honda Cars Kalookan, Inc.; and,
2. TWENTY FIVE THOUSAND PESOS (PHP 25,000.00) as acceptance fee due to
her undersigned lawyer.
Unless payment is made in full to our client within TEN (10) DAYS from your
receipt hereof, you will leave us no alternative but to institute the necessary criminal
action against you for Reckless Imprudence Resulting in Damage to Property as
defined under Article 365 of the Revised Penal Code, which provides:
“Art. 365. Imprudence and negligence. — Any person who, by reckless
imprudence, shall commit any act which, had it been intentional,
would constitute a grave felony, shall suffer the penalty of arresto
mayor in its maximum period to prision correccional in its medium
period; if it would have constituted a less grave felony, the penalty of
arresto mayor in its minimum and medium periods shall be imposed;
if it would have constituted a light felony, the penalty of arresto
menor in its maximum period shall be imposed.
xxx
xxx
xxx
Reckless imprudence consists in voluntary, but without malice, doing
or falling to do an act from which material damage results by reason
of inexcusable lack of precaution on the part of the person performing
of failing to perform such act, taking into consideration his
employment or occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time and place.
xxx
xxx
xxx.”
Aside from the criminal action abovementioned, our client shall also file a civil
suit for collection and damages.
We trust you will give this matter your serious and preferential attention in
order to avoid the embarrassment, inconveniences and expenses of a court suit.
Very truly yours,
CLARENCE S. SANTOS
Copy Furnished :
MS. TERESITA T. SANTOS
Guildford 202 The Manors at Celebrity Place,
Capitol Hills Drive, Old Balara,
Diliman, Quezon City