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TOPIC: Obligations with a period / Estoppel

Obligations with a period / Estoppel 5 years 4 months ago #13530

  • Kyle Lu
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Sir I have a problem and we're in the distribution business.

My colleague was asked to explain a complaint filed by me dated Feb. 11 against her to our supervising officer. The letter goes something like this:

Please explain in writing within 48 hours upon receipt of this complaint on why you shouldn't be penalized for violating a section of the dealership agreement. Failure on your part to respond within the prescribed period shall be deemed as admission of this violation.

Sgd. Supervising Officer

The woman received the letter Feb. 13 and didn't reply within the 48 hour period sir and I complained to the supervising officer that she should already be punished. However, the supervising officer wrote a letter dated March 19 to the woman that goes something like this:

This refers to our letter dated Feb. 13 regarding the alleged violation of the dealership agreement... To date, we have not yet received your response despite having given you ample time to explain your side... By this second and last notice, please explain in writing within 48 hours upon receipt of this complaint on why you shouldn't be penalized for violating a section of the dealership agreement. As such, we shall be constrained to evaluate your case based on the information and evidence we presently have in our possession. We will advise you of our decision accordingly.

Sgd. Supervising Officer

The woman received the letter on the same day and she immediately replied with a letter dated Feb. 15 containing irrelevant information that didn't answer my complaint.

So sir, is the extension given by the supervising officer valid or am I correct that it's already void given that the 48 hour period lapsed already? Furthermore sir, is my supervising officer estopped by his first letter? Lastly, what can I do against my supervising officer for giving such extensions?
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Obligations with a period / Estoppel 5 years 3 months ago #13556

  • Atty. Libayan
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The proceeding is internal/administrative and therefore, the rules are promulgated by the administration.

I do not see anything illegal about giving a person opportunity to be heard.

Our rules of court does not promote procedural laws to perpetrate injustice- how much more with administrative rules?

I do not see anything irregular here. Just make sure the favors do not prejudice you.
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