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Demand Bangasan

Delia Fortuna owns a commercial space in Commonwealth, Quezon City that she rented to Joseph Catanduanes of Smart Grain, Inc. Under their agreement, Catanduanes was to pay 12,000 pesos every 15 days for use of the space. However, Catanduanes failed to pay Fortuna for 3 months despite her verbal demands. As a result, Fortuna is sending Catanduanes a demand letter seeking payment of 36,000 pesos in outstanding rent and notifying him that she will pursue legal action if he does not pay. The letter requests payment of the full amount within a specified time frame to avoid additional expenses and embarrassment from court proceedings.

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Angel Bangasan
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82 views2 pages

Demand Bangasan

Delia Fortuna owns a commercial space in Commonwealth, Quezon City that she rented to Joseph Catanduanes of Smart Grain, Inc. Under their agreement, Catanduanes was to pay 12,000 pesos every 15 days for use of the space. However, Catanduanes failed to pay Fortuna for 3 months despite her verbal demands. As a result, Fortuna is sending Catanduanes a demand letter seeking payment of 36,000 pesos in outstanding rent and notifying him that she will pursue legal action if he does not pay. The letter requests payment of the full amount within a specified time frame to avoid additional expenses and embarrassment from court proceedings.

Uploaded by

Angel Bangasan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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BANGASAN, Roxanne Angela Claire L.

Demand Letter

1. The obligation in the present case is a CIVIL OBLIGATION. In civil obligation it is


where the creditor will file a civil action against the creditor. In this case, the debtor is
Mr. Joseph Catanduanes who is the managing director of the Smart Grain owe an
amount of 36,000.00 to Mrs. Delia Fortuna who owned the commercial space in
Commonwealth, Quezon City.
2. As to kind of prestation, the obligation used in this case is a REAL OBLIGATION
where the debtor, Mr. Catanduanes has an obligation to give to the creditor, Mrs.
Fortuna the payment for the said commercial space.
3. The duties of the debtor for indeterminate things are to deliver a thing which is of
neither of superior nor inferior quality and to pay for damages in cases of breach. On
the other hand, the remedies of the creditor in case of non-compliance are to demand
an action for performance or to demand an action for damages.

In this case, the debtor Mr. Catanduanes c/o of the Smart Grain in buying the commercial
space and the creditor Mrs. Fortuna who is the owner of the said space have agreed to pay
12,000 every 15th day of the month for the space. However, the debtor failed to pay the
creditor for 3 months despite the verbal demands from the creditor. In the situation given
above, Mrs. Fortuna may file an action for performance against Smart Grains c/o Mr.
Catanduanes in order to collect the payment for the commercial space owned by the
creditor.

4. YES, the verbal demands of the creditor Mrs. Fortuna is sufficient because based on
the situation given above, despite the verbal demands, the debtor still does not want to
pay the debt so the creditor ended up wanting to file a civil action against them in order
to collect the payment for her property.
5. Help Mrs. Fortuna make a demand letter. Research and go through the different kinds
of demand letters. Write your demand letter on a separate paper (page break) from your
answers of previous questions.
BANGASAN, Roxanne Angela Claire L. Demand Letter

First Demand Letter

Mr. Joseph Catanduanes of Smart Grain, Inc.

21 Suki Street, Roxas Blvd., Manila

February 8, 2023

Re: Outstanding Debt of P 36,000.00

URGENT DEMAND

Dear Mr. Catanduanes,


You will note that the sum of P 36,000.00 is due by you. This amount is now outstanding
more than 90 days.
We would like to draw it to your attention that in the event of non-payment by you we will
commence our legal Debt Collection procedure in respect of your case and we will pursue the
amount due by you together with legal costs until settled in full.
It is strongly in your interests to avoid the additional expense and embarrassment of a court
appearance. We strongly advise you to take this opportunity to reach an amicable solution.
Please now pay the sum of P 36,000.00 due by you and return it to us by return of post in
Commonwealth, Quezon City.

Yours faithfully,

Delia Fortuna

owner of the commercial space

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