Legal Writing Final Project

Ariane Kae A. Espina 1L

D E M A N D

L E T T E R

April 15, 2013 Mr. Jose Abusado Unit 1 Exec. Townhouse Apple St. Brgy. Orange, Quezon City 1700 Sir: This letter is a formal notice that you are in default of your obligation to pay rental fees in the amount of Php 75,000.00. According to the lease contract agreed upon, Clause 10 states that the deposit shall only be refunded one month from the expiration or termination of the contract of lease, after the lessor shall have ascertained that all the utility bills chargeable to the tenant have been settled as evidenced by the receipts. The amount has been overdue since August 2007, specifically due every 5 th of the month and you failed to pay despite repeated demands. You are hereby requested to settle your obligation within seven (7) days otherwise I will be forced to institute legal action against you.

Kindly govern yourself accordingly.

Yours truly,

Mrs. Naty Ferrer (sgd.)

D E M A N D

L E T T E R

April 15, 2013 Atty. Mario Laginggalit Legal Counsel QRS Corporation 7 Grape St. Brgy. Ubas, Pasay City, 2100 Atty. Laginggalit, The undersigned is the new retainers counsel of Mr. Joseph Ramos. My client is the current building contractor of QRS Corporation Inc. Almost 95% of the building is complete but the company constantly refuses to settle its Php 2.5M account despite repeated demands. With this, the corporation is given fifteen (15) days to settle its monetary obligation. Otherwise, we will be force to institute legal action against the corporation. For your information and kind compliance.

Yours truly,

Atty. Ariane Kae Espina (sgd.) Legal Counsel

D E M A N D

L E T T E R

April 15, 2013 Atty. Mario Laginggalit Legal Counsel QRS Corporation 7 Grape St. Brgy. Ubas, Pasay City, 2100 Atty. Laginggalit, We have received your letter dated March 15, 2013 asking for a 30-day extension, has an ability to pay only Php 700,000 in cash within the extended period and your proposal to pay in 36 equal monthly installments. However, my client Mr. Joseph Ramos does not agree with the terms proposed. He is willing to give the corporation a sixty-day extension, but wants the full amount be settled which is Php 2.5M. This is to avoid further losses on his part. Unless payment of the above amount is received by my client in full within sixty (60) days of the date of this letter, we will have no alternative but to exercise whatever rights and remedies we have under the law to enforce such payment including but not limited to institution of legal proceedings against you to recover the above amount, together with accrued interest and legal expenses. For your guidance and compliance.

Yours truly,

Atty. Ariane Kae Espina (sgd.) Legal Counsel

April 15, 2013

Ms. Monina A. Rivero 1 Mango St. Brgy. Maasim, Mandaluyong City

Dear Ms. Rivero, World Cellphone, Inc. is the primary cellular phone service provider in the Philippines. You are the companys patron for two years. However, you have an unpaid bills amounting to Php 3,850.60 equivalent to four months. This is to remind you to settle the aforementioned amount within one (1) month upon receiving this letter. Should you not comply, the company will be force to institute legal action against you. We appreciate our consumers and would not want to lose a valued client. For your information and immediate compliance.

Yours truly,

Atty. Ariane Kae Espina Counsel, World Cellphone, Inc. Tan Sy Co & Associates

April 15, 2013

Ms. Lucy Teng Owner, BUS Transit Corporation Dear Ms. Teng,

From your consultation last March 15, 2013, one of your buses involved in a freak accident which caused two deaths. As a result, the families of the victims demand for consequential damages. You have blatantly expressed your desire of not paying them. We have conducted legal research and investigation whether or not you can or cannot pay the families victims. The results of our study indicate that there is no enforceable legal basis for maintaining refusal to pay damages. We urge you to consult another lawyer if you wish a second opinion. Time limitations may affect your rights to pursue a claim, therefore, you should act promptly in consulting another lawyer or otherwise pursuing your claim. At this time, however, we are unable to proceed on your behalf. We are returning your original documents to you. Thank you for your interest in our firm.

Very truly yours,

Atty. Ariane Kae Espina (sgd.) ANG GALING Law firm

April 15, 2013

Atty. Cezar T. Azar Azar & Azar Law Firm 3rd floor Gold Bldg. Brgy. Bronze, Silver City

Dear Atty. Azar, My client Mr. Conrado V. Soliven received a final demand letter dated April 1, 2013 for his failure to pay Php 145,000 to his supplier Zeeteedee Corporation. We express our sincerest apologies for the delay to settle his account. Mr. Soliven is very willing to pay but cannot patch up by paying in cash. However he proposes to convey his L300 delivery van which has the same monetary value as payment. Kindly relay the proposal of my client to the corporation. We are looking forward to the possibility that our request will be granted. Thank you very much.

Very truly yours, Atty. Ariane Kae Espina (sgd.) Legal Counsel

April 15, 2013

Johnny Matumal 85, Akti Miaouli 2 Flessa Street, 185 38 Piraeus, Greece Dear Uncle Johnny,

Good day! How are you there? I received your letter dated April 1, 2013 for legal concerns you have been going through now. After reading it, I made preliminary researches on your queries. Below are your questions and my answers for the legal action you would want to file soon. Please be guided accordingly. Q1: Can we execute a written document basically stating that we give each other the freedom to live separate lives and marry someone else if we wish? Answer: No. The written document will have no legal effect on your separation. Marriage is a lifetime covenant. Instead, the best recourse is to file an annulment of marriage or legal separation or declaration of nullity of marriage depending on the circumstances before and after your marriage congruent to the grounds given under the Family Code. The only time a married person remarries is when the aforementioned legal action be granted by the court and acquires a proof that he is annulled. Q2: Am I obliged to give support to my family, including my only sons education (ten-year old kid named Bobby)? Answer: Yes. Under the Family Code, your monthly salary or other sources of income is conjugal which Aunt Marsha is undeniably entitled since you are legally married. With regard to your son Bobby, he is entitled for your support in his basic needs, education, etc. If you and Aunt Marsha get annulled your son should still receive your support. Q3: What is my legal recourse if any? Answer: The legal recourse is to file an annulment depending on the circumstance of your marriage such as when there is lacking in the requirements provided in the law that is not accomplished. On the other hand, the support for Bobby should be continuous as this is not only a moral obligation but legal as well.

Q4: What if my girlfriend is pregnant, what is the status of the child?

Answer: In case your girlfriend is pregnant, the status of the child is illegitimate. You are still married to Aunt Marsha so incapacitated to marry your girlfriend. Under Art. 255 of the Family Code, it states A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. Such a child is conclusively presumed to be legitimate in any of these cases: (1) If the husband, before the marriage, knew of the pregnancy of the wife; (2) If he consented, being present, to the putting of his surname on the record of birth of the child; (3) If he expressly or tacitly recognized the child as his own.

Should you have any further questions, do not hesitate to consult or inform me.

Best regards,

Atty. Ariane Kae Espina Counsel