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Unit 10, ATU Plaza, Gov. V. Duterte St., Davao City

Telefax No.: (082)225-4168

November 15, 2017

Atty. Richard D. Tumanda

Manager, Legal Department
Davao City Water District
Bajada, Davao City

Dear Sir:


On November 14, 2017, my client, Josephine Hilario, received a

letter from your office requiring her to comment within five (5) days
from receipt thereof on the request for disconnection filed by Atty.
Vivian B. Feliciano-Braceros in behalf of her client, DAVAO

Although a writ of execution and a writ of demolition had already been

issued by the Honorable Municipal Trial Court in Cities, Branch 5, Davao
City, in relation to the Unlawful Detainer case between our clients, said
writs are still subject for review by the Regional Trial Court, Branch 14,
Davao City in a petition for certiorari filed by my client against the
issuing judge, Honorable Daydews D. Villamor, on the ground that said
writ or orders were issued with grave abuse of discretion. A copy of the
said petition is hereby attached as Annex “A” for your ready reference.

It should be noted that the property currently occupied by my client is

not embraced by the title owned by Davao Primeland Properties
Corporation under Transfer Certificate of Title T-366156. In fact, when
the petitioner hired the services of a Geodetic Engineer, it was found
that the property occupied by my client is 837.33 meters apart or away
from the property covered by the title of Davao Primeland Properties

Besides, the water connection is under the name of my client, who is

your paying customer, and not Davao Primeland Properties Corporation.
In other words, Atty. Braceros or Davao Primeland Properties Corp is
not privy to the contract entered into between Davao City Water District
and Josephine Hilario. Third parties who are considered as strangers to
the contract entered into between you and my client have no business

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in requesting for a disconnection of your water services for as long as
my client, Josephine Hilario, pays her dues.

Obviously, Atty. Braceros maliciously filed said request for disconnection

to your office despite her knowledge of the pending petition for
certiorari with the Regional Trial Court, Branch 14, in order to force my
client to live in certain unlivable conditions (i.e. without access to
water), for her to eventually leave said premises. Such an inhumane
request should not be countenanced.

Indeed, the most basic principle in human relations applies in this case,
"every person must, in the exercise of his rights, and in the
performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith." When a right is exercised in a manner
which does not conform with the norms enshrined in Article 19 and
results in damage to another, a legal wrong is thereby committed for
which the wrongdoer must be held responsible.

In view thereof, said request for disconnection should be DENIED

outright for being filed maliciously and prematurely, considering that
the writs of execution and demolition may still be declared null and void
by the Regional Trial Court if it finds that, indeed, it was issued with
grave abuse of discretion.

Sincerely yours,


Counsel for Josephine Hilario



Copy furnished:

Atty. Vivian B. Feliciano-Braceros

Pantojan Commercial Building
99-2A Juan Luna Street, Davao City
Received by: ________________
Date received: ________________

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