The Demand Letter

The Demand Letter

In a Demand Letter, an attorney seeks to assert a
clients rights or settle a legal dispute through
letters to opposing parties or their attorneys.
In a demand letter, therefore, your purpose is to
persuade the other party to comply with your
demand.
Accordingly, you will advocate your clients position
by focusing on the facts and the law that support
your clients position.

Audience
You must carefully consider the relative
sophistication of your audience
Is it opposing counsel?
Is it a layperson?
Is it a layperson with ready access to
counsel?
Is it a corporation or corporate counsel?

Tone
Your tone should be firm, direct, and
professional. You want to appear firm and
reasonable, but willing to cooperate.
Avoid two common pitfalls
Being too nice to get the opposing party to
like you. Dont sound or appear pitiful.
Declaring war. Dont make threats or libelous
statements.

Letter Structure
Address Heading this is the writers full
address. Business letters usually have preprinted, letterhead stationary which contains
this information.
Date this is the month, day and year that the
letter is written on.
Inside Address the recipients full name and
address.
Attention/Purpose with formal letters, the
"Attention/Re: " is placed two spaces below the
inside address.

Greeting also known as the salutation, this is the introductory

phrase, Dear [name of recipient]. Either a comma or a colon can be
used at the end of this phrase. Today, a comma is more extensively
used, with the exception of the use of a title only, not a proper name.
(i.e. Dear Member:) in which the use of a colon would be more
appropriate.
Body the purpose; the subject matter or content.
Closing this is the farewell phrase or word that precedes the

signature and is followed by a comma. Examples

Yours truly,
Sincerely yours, Regards, etc. *Note: "Thank you," is not
considered an appropriate closing for a formal or business letter. Avoid
cutesy salutation.

Signature the signed name of the writer. Formal or

business letters include the full name of the writer
printed below the signed name and most often
include the writers title and/or professional
designations.
Notation Part of a formal or business letter consisting
of brief words or abbreviations as notations.
Examples:
cc: (carbon copy) These initials are followed by a name
or column of names, indicating those people to whom
copies of the letter are being sent to.
encl. (enclosure) Indicates that something else
accompanying the letter is enclosed.

Structure of Demand Letter

The Demand Letter has 4 Basic Parts:

The Opening or Introductory Paragraph;

The Factual Support Paragraph(s);
The Legal Support (Application) Paragraph(s); and
The Conclusion Paragraph.

GALGO RACHO & WAKAN LAW FIRM

2rd Floor, CTC Business Center, Rizal Street,
Tagum City, Davao del Norte
Tel. No. (084) 216-4471
January 25, 2012
JUAN A. DELA CRUZ
PACIFIC METRO MKTG.
422 Bonifacio St., Panabo City

Re: Final Demand

Dear Mr. Dela Cruz,
I am writing in behalf of our client, Teresa Gil, proprietress
of Purity Waters Filtration & Purification regarding the
check that you issued to her on January 1, 2012 as
payment for the stocks you ordered.
It appears that you bought water filtration and purification
stocks from my client on January 1, 2012. As payment, you
issued on even date BPI Check No.1003333 in the amount
of P102,980.00 covering the full value of the stocks you
bought.

However, when presented for payment on January 12,

2012, the check was returned for the reason Account
Closed. Attached is a copy of the check for ready
reference.
Several demands were made but you ignored them.
You can be criminally liable for Estafa and B.P. 22 for
your acts.
We are making this final demand for you to pay the
amount of P102,980.00 within ten (10) days from
receipt of this letter. Otherwise, we would be
constrained, much to our regret, to file civil and
criminal cases against you to protect the interest of our
client.

Please give this matter your preferential and urgent

attention by making the necessary arrangement with
my client or her counsel.
Sincerely,

ATTY. NUMERIANO P. GALGO, JR.

For the Firm
Cc.
Encl.
PL/rm

ACTIVITY NO. 5
Write a demand letter
Facts:
Mr. Robert P. Tan, a resident of 1234 Apple Street, Mankilam, Tagum City
obtained a loan from Ms. Francisca L. Benito on January 1, 2012 an
amount of one million pesos payable within one year at the rate of 5% per
month.
Mr. Robert P. Tan failed to pay the principal and interest on January 1,
2012. The loan is not secured with a mortgage and you heard that he
already sold his properties.
Ms. Francisca L. Benito came to you, a lawyer, asking that you send a
demand letter to Mr. Roberto P. Tan as soon as possible
The only proof she gave was a promissory note.

LEGAL OPINION
LETTER

COMMUNICATION
OF ADVICE

DELICATE

CLARITY

RELEVANT FACTS

BE HONEST

PROPOSE
ACTION

SAVE YOURSELF

CHECK
YOUR
WORK

BASIC STRUCTURE
OF A LEGAL OPINION LETTER
1.
2.
3.
4.
5.
6.

FACTS
ISSUE/QUESTION
LAW
APPLICATION OF LAW TO FACTS
CONCLUSION
RECOMMENDATION

JUAN DELA CRUZ LAW OFFICE

123 Padre Faura Street, Davao City
(082) 111-2222
February 3, 2013
DR. ROBERT LIM
President
UP Mindanao
Davao City
Re: Legal Opinion
Dear Dr. Lim:

This is a reply to your request for

legal opinion regarding the motion
for execution of Dr. Mark Perez
which I received on February 1,
2011.

It appears from the records that the Civil Service

Commission (CSC) issued a Resolution dated
December 10, 2010 ordering the university to
reinstate and pay Dr. Perez damages and back
salaries from the time he was dismissed until his
actual reinstatement. Dr. Perez alleged that he
was illegally dismissed from service on July 1,
2010. However, the records you sent show that he
voluntarily resigned on June 30, 2010, and had
received his retirement and other benefits though
he did not indicate this on his retirement records.
The Resolution already became final and
executory.

The issue now is this: whether the

university may be compelled to pay
Dr. Perez as the Resolution provides
because it has become final and
executory.

The Civil Service Law and jurisprudence

dictate that an illegally dismissed
government employee who is later
ordered reinstated is entitled to
backwages and other monetary benefits
from the time of his illegal dismissal up to
his reinstatement.

In my opinion, such law and jurisprudence

are not applicable in this case. Illegal
dismissal presupposes that the employee
must still be connected with his employer
at the time the decision to terminate his
services was made. In this case, it is clear
that Dr. Perez retired on his own volition
effective June 30, 2010. His retirement
application under R.A. 8291 was even
approved by the GSIS.

Dr. Perezs intent to retire was

unequivocal and coupled by acts of
relinquishment since he processed
and collected his retirement benefits.
After June 30, 2010, he was no
longer an employee of the university.
A retired employee can no longer be
dismissed because the employeeemployer relationship is already
severed.

The cases cited by Dr. Perez in his

motion for execution of the subject
Resolution are not applicable. The
facts of these cases do not mention
or involve any retirement from
service. The government officials in
these cases did not receive any
retirement benefits unlike in the case
of Dr. Perez.

It is understandable why the CSC

ordered the university to reinstate
and pay Dr. Perez damages and
backwages because the CSC was
of the belief that Dr. Perez never
relinquished his office. The latter
did not indicate that he voluntarily
retired effective June 30, 2010.

Compelling the university to pay

damages and backwages is unjust
enrichment for Dr. Perez which is
prohibited by law. Moreover, the
general rule that a final judgment is
enforceable by execution is not a hard
and fast rule. A final judgment may not
be executed when there is a change in
the situation of the parties or
supervening event which makes the
execution inequitable or absurd, as in
this case.

The university is not liable to Dr. Perez

in anyway. The university must oppose
Dr. Perezs motion for execution by
filing an opposition or comment with
dispatch. Documents showing that he
resigned on June 30, 2010 and that he
received his retirement pay should be
served upon the CSC so that it may
know of this fact.

This opinion is based only on the facts you

furnished. Should these facts change or
when you learn of additional facts, please
call us at once. Any change in the facts, or
new facts, may change the result of the
opinion.
Sincerely,
ATTY. JUAN DELA CRUZ
Counsel

Dear Attorney (your name):

I learned lately that I am the second wife of my husband, Roger Corona. I learned

about this last January 21, 2012 when my neighbor, Susan who worked with the Local
Civil Registrar, told me so. We got married on February 14, 2010 and I had no
knowledge about her previous marriage. I got a Certificate of No Marriage
(CENOMAR) from the LCR and indeed my husband was married first to Rosanna
David on February 14, 2009 which was not annulled at the time of our marriage. We
have two children and we also have a house and lot where we live right now. My
husband doesnt know yet because he is working in Iraq. (I hope he will die there because I
am boiling mad at him!)
Here are my questions:
1.
2.
3.
4.

Who will have custody of our children?

Is my bad husband still obliged to support me and the children even if we separate?
I want to annul our marriage, is it wise or good for me and our children?
What are my other rights?
I desperately need your legal opinion as soon as possible. I want my bad husband to suffer for what
he had done to me and I am willing to pay your services as long as you favor me.

Sincerely,
Rose Corona
Client