The law office of Sorrera-Ty Salise-Gonzaga represents Lea Jean B. Makiling regarding the contract of lease/purchase/mortgage agreement she entered into with BALTRANSCO cooperative for a Toyota Vios taxi. The vehicle was recently totaled in an accident. The letter informs BALTRANSCO that Ms. Makiling is terminating the agreement since the vehicle is no longer operable and the obligations cannot be fulfilled. As the registered owner, BALTRANSCO maintains full ownership and liability for the vehicle and its drivers. Ms. Makiling waives any rights or claims regarding the accident.
The law office of Sorrera-Ty Salise-Gonzaga represents Lea Jean B. Makiling regarding the contract of lease/purchase/mortgage agreement she entered into with BALTRANSCO cooperative for a Toyota Vios taxi. The vehicle was recently totaled in an accident. The letter informs BALTRANSCO that Ms. Makiling is terminating the agreement since the vehicle is no longer operable and the obligations cannot be fulfilled. As the registered owner, BALTRANSCO maintains full ownership and liability for the vehicle and its drivers. Ms. Makiling waives any rights or claims regarding the accident.
The law office of Sorrera-Ty Salise-Gonzaga represents Lea Jean B. Makiling regarding the contract of lease/purchase/mortgage agreement she entered into with BALTRANSCO cooperative for a Toyota Vios taxi. The vehicle was recently totaled in an accident. The letter informs BALTRANSCO that Ms. Makiling is terminating the agreement since the vehicle is no longer operable and the obligations cannot be fulfilled. As the registered owner, BALTRANSCO maintains full ownership and liability for the vehicle and its drivers. Ms. Makiling waives any rights or claims regarding the accident.
The law office of Sorrera-Ty Salise-Gonzaga represents Lea Jean B. Makiling regarding the contract of lease/purchase/mortgage agreement she entered into with BALTRANSCO cooperative for a Toyota Vios taxi. The vehicle was recently totaled in an accident. The letter informs BALTRANSCO that Ms. Makiling is terminating the agreement since the vehicle is no longer operable and the obligations cannot be fulfilled. As the registered owner, BALTRANSCO maintains full ownership and liability for the vehicle and its drivers. Ms. Makiling waives any rights or claims regarding the accident.
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SORRERA-TY SALISE-GONZAGA LAW OFFICE CO.
2nd Floor, FSUU-CBE Building, P. Burgos St., corner San Francisco St., Butuan City Tel.nos. 085-2259102; 085-8153868 Email Address: [email protected]
August 16, 2020
JUANITO UBAS Chairman BALANGAY TRANSPORT SERVICE COOPERATTIVE (BALTRANSCO) Phase II, Block 40, Lot 8, Emenville Subd., Brgy. Ambago, Butuan City
Dear Mr. Ubas;
Good day.
Our client, LEA JEAN B. MAKILING, sought the legal assistance of our law firm regarding the CONTRACT OF LEASE/PURCHASE/MORTGAGE agreement that she executed and entered into with your Cooperative- BALTRANSCO, pertaining to one (1) unit motor vehicle Toyota Vios 1.3 with Plate No. P5K582, Engine No. 1NRX513835, Chassis Serial No. PA1B113F35K4103486 and is registered under the name of the Cooperative (BALTRANSCO) as public utility vehicle - taxi.
On August 6, 2020, the aforementioned motor vehicle meted an accident which
accordingly resulted to its total loss and destruction and consequently rendered the same as completely unserviceable and unfit for driving or road use.
Anent, we would like to respectfully emphasize that our client is merely a LESSEE to the afore stated contract and thus, the full ownership of the motor vehicle as abovementioned still pertains to the Cooperative- BALTRANSCO. Item No. 4 of the Lease Agreement provides,
“The ownership execution of the subject vehicle will remain the
name of the Cooperative (BALTRANSCO) until fully paid or momentarily taxi operation still going on” (Emphasis is ours)
Our client was also made to pay the rental fees as part of her contractual obligations in the Lease Agreement. Item No. 2 of the same Lease Agreement mentions, “The monthly rental/payment is EIGTHEN THOUSAND FIVE HUNDRED PESOS (P18,500.00) payable every 28th day of the month”
It can also be gleaned that the motor vehicle is registered under the name of the Cooperative and thus, the full ownership by the Cooperative of the herein subject motor vehicle is absolutely conclusive and indisputable.
Further, we would like respectfully stress the fact that yourCooperative has the control and supervision of the drivers of the public utility vehiclesregistered under your name. for the following reasons, that:
a. The Cooperativeconductslectures and seminars to the drivers;
b. The Cooperative trains the drivers regarding basic rules on driving
and road safety;
c. The Cooperativeimposes upon the drivers, its rules and regulations;
d. The Cooperative manages and monitors the whereabouts of the
drivers during taxi operations.
Thus, the drivers of the taxi are clearly employed by the Cooperative and not by our client -Lessee.
With all these in present, and in considering that the motor vehicle- taxi which is the principal object or consideration of the Lease Agreement, is already totally destroyed and is no longer serviceable, the contractual obligations under the same Lease Agreement are rendered impossible and could no longer be complied with and fulfilled by the parties.
Hence, with much regret, we would like to inform your good office that our client hereby formally withdraws and terminates the herein mentioned Lease Agreement due to above cited reasons.
Anent, we would like to respectfully emphasized that the rights and obligations of our client are only confined in the Lease Agreement. Thus, our client could not be held liable for any untoward accident which may occur or happen to the motor vehicle for any whatsoever reason, including the negligence which may be attributed to the driver.
Finally, our client would like to inform your office that she no longer is interested with respect to any and all rights which she is and may be is entitled to by law or contract and hereby expressly waives and relinquishes her rights thereto in favor of the Cooperative and /or to the victims of the accident, as may be determined by law or the Lease Agreement.
Thank you. Received by: Very truly yours, _____________________________ (Signature over printed name)
Atty. JUDERICK C. RAMOS ___________________________
