Demand letter in oblicon, it is needed in order to constitute delay

on the part of the debtor

Email: dwilwayco@ateneo.edu.
Caption: LEGWRIT OLIVAREZ 04.29.2017

Format of a Demand Letter:

Date
Name
Branch
Address

Subject (concise description of the said topic)

Dear _________,

*Introduction: can expand the subject without going into the facts

*Second part: factual summary you explain in a narrative form in

chronological order, the relevant facts brought about the issue; you
can also attach copies of the cheques or annex it as an exhibit

*Law or legal basis: it is just like answering an exam; you have to

identify the issues (ex.) under B.P. 22 blah blah); you also have to
include an analysis; then apply the factual summary to the legal
basis

*Demand and deadline: state that the debtor has to comply with his
obligations, and it should also be stated the consequences; most
important is the setting up of the deadline (giving of a reasonable
deadline can be given based on what is stipulated in the law, and
if no law, then a reasonable one); itemize the expenses you are
paying; provide legal basis for a demand (ex.) the payment for
tuition of the school) since it can become arbitrary

*Non-waiver of rights: the person can still have legal remedies for
violation

Style of the demand: depends on the case

-If the relationship is hostile: then the language can be more
assertive
-If only new demand: then the person demanding can be more
calmer
-Level of intelligence of the debtor has to be determined as well; use
of language is considered (you have to think of your audience)
Exercise:

1st demand:
Facts:
-April 5, 2014: juan de la cruz entered into a contract of lease with
maria clara owned a commercial property in mandaluyong city
-under the contract of lease maria (lessee) was suppose to issue 12
postdated checks
-200,000 pesos cheques (face value)
-banco de oro (drawn cheques)
-2345677 to 2345680 (number of cheques); each month beginning
may 10 to april 10 2014
-January 12, 2015: juan went to deposit the cheques (jan 10 2015
and feb 10 2015) BDO dishnored the cheques (Drawn Against
Insufficient Funds)
-Juan asked the lawyer demand letter; maria is currently 22
fatima street barangay plainview mandaluyong city

2nd exercise:
-October 13, 2005: Jeriko Roces married Kim Jonas they are blessed
with two children
-Jeriko was an abusive husband and father
-November 23, 2013 J made them leave the house, kim brought
the kids
-J has refused to provide support
-Refused to pay for his children regarding med expenses and tuition
fees:
1.) Christines tuition in maria Montessori, at 158K per year
2.) Victors tuitition at maria Montessori 145,000 per year;
3.) electricitiy 3,500 per month
4.) water bills P400 per month;
5.) rent at P15,000 per month;
6.) school bus service P1,500 per month for both children
7.) hospital bills when victor had dengue P35,000;

-J owns a factory that produce garments; good business gone

exponentially
-Kim is a florist; clientele is limited to friends and lack of adequate
capital
-Lawyer!! demand letter
-J address: 135 palm circle drive, ayala alabang muntinlupa