Villa, Esmeralda Amor D.

Demand Letter

1. What is the obligation in the case given above? Describe the obligation
using the different requisites of an obligation.
According to the case, Mrs. Delia Fortuna who’s the owner of a commercial space
in Commonwealth, Quezon City was the active subject or the creditor, the one who
was entitled to demand the fulfillment of the obligation, the person who has a right.
Next was Mr. Joseph Catanduanes who’s the managing director of Smart Grain Inc.
The person who rented one of the commercial spaces that owned by Mrs. Fortuna.
He was the passive subject or the debtor, the one who was bound to the fulfillment
of the obligation, the person who has a duty. His duty is under in Personal
Obligation which is Positive personal obligation or obligation to do. Paying the rent
in their agreement time is his obligation to do because that was their agreement.
Based on the sources of obligations, it will consider as contracts because they have
agreement that Smart Grain should pay Mrs. Fortuna P12, 000 per month and need
to pay that every 15th day of every month.

2. What kind of obligation is this (as to kind of prestation)? Explain.

As to kind of prestation, his obligation is under in Personal Obligation the positive
personal obligation because they have agreement so the debtor is obliged to do
what’s on their agreement, and that is to pay the rent in their agreement date.

3. What are the duties of the debtor and what are the available remedies of the
creditor, in case of non-compliance? Discuss and apply the concepts using the
parties in the situation given.
The duties of Mr. Joseph Catanduanes, who’s the debtor is to do and perform what
needs to be done which is pay the rent in agreement date and also one of his duties
is to pay the damages in case of violation. If Mr. Joseph Catanduanes fails to
comply with his obligation to do, Mrs. Delia Fortuna has the right to demand
performance of the obligation by another. In the case, it is said that Mr. Joseph
Catanduanes failed to comply with his obligation because for the last three months,
he did not pay for the rent that they agreed.

4. If Mrs. Fortuna wants to file an action for damages, are the verbal demands
sufficient so that she can file and claim for damages? Why or why not?
Yes. Because as you can see he failed to do his obligation, Base on the book, the
arrival of the period merely makes the obligation demandable. He will be liable for
damages.
 OFFICIAL DEMAND LETTER

No. 21 Suki Street,

Roxas Blvd., Manila.

To:
Mr. Joseph Catanduanes
Managing Director of Smart Grain Inc.

Date:
February 19, 2020

Dear Mr. Catanduanes,

Notice is hereby given that we have not received your total rent payment of P36,000
that was due on February 15, 2020, pursuant to that certain [Lease] [Rental
Agreement] dated every 15th day of every month (the “Agreement”).

Under the terms of our Agreement, we must have your payment of the overdue rent
immediately and in no event in our hands by 12:00 noon, February 20, 2020. If we
do not have payment by such time, we may be forced to commence legal
proceedings against you.

If you have any questions, or believe that you have paid the rent on time, please
contact us immediately.

Sincerely,
Mrs. Delia Fortuna