Serving a formal written demand produces a legal effect. It is often an essential part of the process. Article 1169 of the Civil Code for instance states that, generally, “Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation.” The next article provides for the consequences of delay, “Those who in the performance of their obligations are guilty of [x x x] delay [x x x] are liable for damages.” Demand letters are crucial in certain transactions.

Elsewhere, Section 2 of Rule 70 of the Rules of Court provides that, “Unless otherwise stipulated, [an action for unlawful detainer (an ejectment suit)] by the lessor 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 [x x x].”

As regards Batas Pambansa Blg. 22 (the “Bouncing Checks Law”), the Supreme Court also discusses in Campos v. People, G.R. No. 187401 (2014): “An issue being advanced by Campos through the present petition concerns her alleged failure to receive a written demand letter from FWCC, the entity in whose favor the dishonored checks were issued. In a line of cases, the Court has emphasized the importance of proof of receipt of such notice of dishonor, [x x x].”

It is thus important that a demand letter is given or served in certain cases. However, the intended recipient declines them at times. This does not mean that the demand was ineffectual. The Rules of Court supply remedies to this situation; it provides for the manner by which service of the demand letter may be proved in order that litigation may proceed if necessary.

Rule 13 Section 17 discusses the various methods of proof depending on the kind of service:

1) Personal Service — Personal service is done by giving the demand letter in person. Proof of personal service consists of the affidavit (sworn statement) of the party serving the demand letter, containing a statement of the date, place, and manner of service. Pictures may also be taken to substantiate the service of the demand letter.

2) Ordinary mail — Proof shall consist of an affidavit of the person mailing stating the facts showing compliance with Section 7 of Rule 13. Section 7 provides, “Service by registered mail shall be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or to the party's counsel at his or her office, if known, otherwise at his or her residence, if known, with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender after ten (10) calendar days if undelivered. If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail.” Note the preference for registered mail.

3) Registered Mail — An affidavit made by the party serving (with the same details mentioned required of personal service) along with the registry receipt issued by the mailing office will constitute proof of service of the demand letter.

4) Accredited Courier Service — Proof shall be made by an affidavit of service executed by the person who brought the demand letter to the accredited service provider, together with the courier's official receipt or document tracking number. Printouts of the online tracking information stating that it has been delivered may be used.

5) Electronic mail, fax, or other electronic means — Proof shall be made by an affidavit of service executed by the person who sent the e-mail, facsimile, or other electronic transmission, together with printed proof of transmittal of the demand letter.

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