LEGAL FORMS
DEMAND LETTER
DEMAND LETTER for PAYMENT or PERFORMANCE of an OBLIGATION
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ART. 1169 of the CIVIL CODE
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“NO DEMAND, NO PAY”
▣ Those obliged to deliver or to do something incur in delay
from the time the oblige judicially or extrajudicially demands
from the fulfillment of their obligation.
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EXCEPTIONS:
(1) When the obligation or the law expressly so declare; or
(2) When from the nature and the circumstances of the obligation it appears
that the designation of the time when the thing is to be delivered or the
service is to be rendered was a controlling motive for the establishment of
the contract; or
(3) When demand would be useless, as when the obligor has rendered it
beyond his power to perform.
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John and Juan are friends. Juan Juan was able to pay on July 6,
borrowed money from John in order 2021. However, come August, Juan
to finance his business. John agreed failed to pay. On September, Juan
and lent him P50,000.00. As for the still was unable to pay John. He
terms of payment, it was agreed that even failed to explain to John his
Juan will pay in five equal reasons why he was not able to pay
installments every month starting the installments for the months of
July 6, 2021. August and September as agreed
upon
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On October, John got sick and he The first thing to do in collecting
needed money. So, he decided to act from the borrower is to send a
on the collection of Juan’s debt. Demand Letter.
What could be the best action on
John’s part?
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DEMAND LETTER
DEMAND LETTER to PAY LEASE DUE and VACATE PREMISES
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RULES of COURT
SEC. 2, RULE 70
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“TO PAY / TO COMPLY and TO VACATE”
▣ Lessor to proceed against lessee only after demand. — Unless
otherwise stipulated, such action by the lesser shall be
commenced only after demand to pay or comply with the
conditions of the lease and to vacate is made upon the lessee,
or by serving written notice of such demand upon the person
found on the premises if no person be found thereon, and the
lessee fails to comply therewith after fifteen (15) days in the
case of land or five (5) days in the case of buildings
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Suppose that, Juan Santos, who is leasing an apartment unit in Antipolo, Rizal
from Maria Cruz, a resident of Quezon City, under a five (5) year contract
expiring on October 15, 2021, is in arrears in his rent for three months as of
August 15, 2021.
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