Velasco Vs CA Part 3

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5.

Petitioner Lumanlan allegedly constructed 20 houses for the


home buyers and for which he claims a balance of P309,187.76
from the home buyers and Laigo. This is reflected in Exhibit "X" of
petitioners. However, in the letter of Lumanlan to the GSIS on
January 7, 1972, he was collecting only P216,500.00 (Exh. "W"
evidence of Lumanlan). Thus, even the evidence of Lumanlan on
what is due him is conflicting.   chanroblesvirtualawlibrary chanrobles virtual law library

6. Out of his claim, petitioner Lumanlan admits that Mrs. Rhody


Laigo paid him in several checks totalling P124,855.00 but which
checks were all dishonored when presented for payment. This is
Exhibit "X" of petitioners.   chanroblesvirtualawlibrary chanrobles virtual law library

7. Thus, on November 7, 1970, petitioner Lumanlan wrote a letter


to Laigo Realty Corporation (Exh. "Y", evidence of Lumanlan) which
reads -

I wish to inform you that I have received from Mrs. Rhody E. Laigo
several bank checks which were either dishonored by the bank or
were cancelled at the request of Mrs. Rhody E. Laigo for reasons of
insufficient funds. chanroblesvirtualawlibrary chanrobles virtual law library

The following are the checks:

DATE SER. NO. AMOUNT BANK


May 20,1970 646371 P36,000.00 Prudential
Bank
June 10,1970 659907 9,000.00 "
June 30, 1970 646397 20,000.00 "
July 6, 1970 646398 19,800.00 "
July 3, 1970 464399 11,250.00 "
Aug. 7,1970 659913 16,200.00 "
Aug. 14,1970 659914 12,605.00 "
  Total P124,855.00  
8. In the same letter, Exh, "Y", Lumanlan admits that the checks of
Laigo that were dishonored were intended to pay 8 houses occupied
by home buyers, who caused the construction in accordance with
the Agreement of Laigo and Lumanlan (Exh. "GG"). The letter of
Lumanlan also admits -

This amount was intended to pay for eight (8) houses occupied by
the following home buyers:

1
. Liborio Yalung P18,000.00
2. Caridad Pascua 13,500.00
3. Antonio Candelaria 15,300.00
4. Alberto Rarela 11,800.00
5. Felomena Gonzales 16,200.00
6. Estelita Manalang 16,200.00
7. Rogelio Zabala 16,200.00
8. Wilhelmina Paras 16,200.00
  P123,400.00
Refund for expenses  

in the execution of  

housing plans for the 1 ,455.00


above houses. P 124,855.00

It is significant to note that Exhibits "GG", "W" "X" and "Y" are part
of the evidence of petitioners.

9. On December 17, 1970, Laigo acknowledged its dishonored


checks and promised to make good the same. This is reflected in
Exhibit "Y-l" of petitioners. The dishonored checks were all
presented by petitioners and marked Exhibits "II-l" to "II-6".

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