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1.

Be respectful and polite


2. Make letter appear professional.
3. Start by recounting factual history of the dispute
4. Include legal contentions (SERIOUSNESS OF THE MATTER)
5. Recite damages
6. Clarify that your investigation is ongoing
7. Demand preservation of evidence
8. Tell your opponent what you want
9. Explain why it makes sense to resolve the case without dragging it in the court
10. Consider a deadline
11. Choose your words carefully
12. Copy and certified mail
13. Be careful of oversharing
14. Do not commit extortion

“No demand, No delay”

Article 1169, Civil Code – Where those obliged to deliver or to do something incur a delay from the time
the obligee judicially or extra judicially demands fulfillment of the obligation.

Excepts when the obligation or the law expressly so declares; from the nature and circumstances of the
obligation; when the demand be useless; or when the debtor admits he is in default.

The salient parts of the demand letter are as follows:

BUT if these are not paid on August 10, 2005, we will be constrained to file and claim a bigger amounts
including moral damages to the tune of millions under established precedence of cases and laws. In
addition, to other multiple charges like:

1. Tax evasion by the millions of pesos of income not reported to the government.
2. Criminal charges for Tax Evasion.
3. Criminal charges for falsification of documents
4. Cancellation of business license to operate due to violations of laws.

These are reserved for future actions in case of failure to pay the above amounts as settlements in the
National Labor Relations Commission (NLRC).

The threat to file the cases against the complainant was designed to secure some leverage to compel
the latter to give in to his client’s demands. It was not respondent’s intention to point out complainant’s
violations of the law as he so gallantly claims. Far from it, the letter even contains an implied promise to
“keep silent” about the said violations if payment of the claims made on the date indicated.

Indeed, the writing of demand letters is a standard practice and tradition in this jurisdiction. It is usually
done by a lawyer pursuant to the principal-agent relationship that he has with his client, the principal.
Thus, in the performance of his role as agent, the lawyer may be tasked to enforce his client’s claim and
to take all the steps necessary to collect it, such as writing a letter of demand requiring payment within
a specified period. However, the letter in this case contains more than just a simple demand to pay. It
even contains a threat to file retaliatory charges against complainant which have nothing to do with his
client’s claim for separation pa. The letter was obviously designed to secure leverage to compel
complainant to yield to their claims. (FERNANDO PENA vs. ATTY. LOLITO APARICIO, A.C. NO. 7298, June
25, 2007)

The SC found respondent lawyer liable for violation of CODE OF PROFESSIONAL RESPONSIBILITY

CANON 19 .01 – “lawyer shall employ only fair and honest means to attain the lawful objectives of his
client and shall not present, participate in presenting or threaten to present unfounded criminal charges
to obtain an improper advantage in any case or proceeding.

This is an administrative case for violation of CPR against ATTY PARICIO as the counsel of Hufana in an
illegal dismissal case. Wherein complainant Pena sent notice to Hufana for the latter to explain her
absences and to return to work. In reply to the notice, respondent Atty Paricio, wrote a letter to
complainant reiterating his client’s claim for separation pay, in which the letter also contained threats to
the company.

The SC said nothing in the demand letters showed that they were maliciously made with the
intent to extort money “since it was based on a valid and justifiable cause.” It noted that writing
demand letters “is a standard practice and tradition” as part of the lawyer’s task to enforce the
client’s claim. (MALVAR vs. FEIR, A.C. No. 11871, March 5, 2018)

Legitimate claim

Extortion is a criminal offense of obtaining money, property, or services from a person, entity, individual
or institution, through coercion. (Robbery with violence or intimidation of persons.)

Demand letter – is a document that gives formal notice that you are considering legal action. To try to
resolve a dispute / or case without going to court.

A demand letter is a formal notice demanding that the person to whom the letter is addressed perform
an alleged legal obligation such as rectifying some identified problem, paying a sum of money or acting
on a contractual commitment. Most of the demand letters will include a deadline for action.

The demand letter is important, so that you can give you debtor another chance to pay up and to avoid
the inconvenience of going to court. Another reason for its importance is that you can also use the
demand letter as evidence in court that you formally demanded payment of the debt due

How is it done ?

Review the dispute


Write a brief explanation of the dispute - to start your demand letter, outline the basic facts of the
dispute in a neutral tone.

State what you want – after giving your brief explanation of the dispute, state in clear language what
you want, when and how you want it. Do not be impolite or derogatory, but merely state in a forceful
tone what you want the other party to do.

Edit your letter – make sure your letter appears professional and neat

You must provide the threat of legal court action should your demand letter not complied with. Again,
state in a polite yet forceful manner.

Once completed, send your demand letter to the party you wish to contact. If you do not receive a
response in a reasonable amount of time, you should send a second and third letter to ensure the other
side knows you are taking the matter seriously.

Know the dispute – Learn everything possible about the issue so that you can write a clear and
convincing demand letter. Research all applicable laws and rules to make sure your demand letter is in
compliance.

Heading and greeting – Make sure to include a heading stating who you are, your contact information,
and address the letter formally to the individual or entity receiving the demand letter.

Write a brief explanation of the dispute – to start your demand letter, outline the basic facts of the
dispute in a neutral tone.

1. State what you want.


2. You must provide that a appropriate legal court action will be filed should your demand letter
not complied with.