How to Write a Legal Letter in the Philippines? (Types + Examples) - Blog

A well-written legal letter can make or break a case before it reaches court. This guide explains its purpose, structure, and examples so you can write one that is clear, professional, and legally sound.

What is a Legal Letter in the Philippines?

Legal letters are vital tools in law as they serve as the formal communication sent by one’s lawyer to the opposing party. It is usually for collecting debt, requesting for fulfillment of obligations, or asserting legal rights. Aside from this, the date on which you delivered a legal letter can even represent the date when, for instance, legal interest on debts shall start to accrue (Art. 1169 of the Civil Code of the Philippines).

Purposes of Legal Letters (Why They Matter)

Legal letters are written not only to communicate but to persuade, clarify, and document legal relationships and issues. In many cases, they serve as the first step in dispute resolution or as formal notice of a legal position.

To Communicate a Legal Position: A legal letter clearly outlines a party’s legal standpoint on an issue.
To Request or Demand Action: Legal letters often contain a demand—such as payment, cessation of an act, or performance of an obligation.
To Warn or Notify: Legal letters may serve as a warning of legal action should compliance not be achieved within a specific time.
To Preserve Evidence: Legal letters are written records that may later be submitted as evidence.
To Encourage Settlement or Compliance: Legal letters aim to resolve issues without resorting to litigation.

Common Types of Legal Letters with Examples

Understanding various types of legal is crucial for lawyers and students in the Philippines as each serves distinct legal purpose, from asserting rights to initiating remedies. Familiarity with these enhances both legal writing and practical application in professional settings.

Below are some of the most common types of legal letters used in the Philippines:

1. Demand Letter

A formal letter request for payment, delivery of goods, or fulfillment of a legal obligation.
Example: Sent to a client who has failed to pay a debt despite verbal reminders.

2. Notice to Vacate

Informs a tenant to leave a leased property within a specified period, often due to lease violations or expiration.

Example: Issued by a landlord to a tenant for non-payment of rent.

3. Cease and Desist Letter

Instructs an individual or entity to stop an unlawful or harmful activity.

Example: Sent to a business using a copyrighted logo without permission such as in previous jurisprudence.

4. Termination Letter

Ends an employment contract or business relationship, usually stating cause or applicable provisions.
Example: Given to an employee for repeated violations of company policy

4. Letter to Government Agency

Requests legal assistance, clarification, or enforcement of rights from a government office.

Example: Written to the DTI to report unfair trade practices by retailer through the Philippine Online Resolution System.

5. Letter to Opposing Counsel

Communicates legal positions, proposed settlement agreements, or responses between lawyers in a case.

Example: Sent during pre-trial negotiations to outline terms for possible settlement.

What are the Essential Qualities of Legal Letters

To be effective, legal letters in the Philippines must have certain essential elements. These include:

Clarity: Avoid ambiguity; the letter must be easy to understand.
Accuracy: Ensure all facts, dates, and references are correct.
Professionalism: Tone must remain respectful and neutral.
Structure: The letter must follow a standard format to be taken seriously.

Below are the common parts of a legal letter and what each part should contain:

Letterhead and Contact Details
Use official letterhead if from a law office. Include your full name, address, and contact details at the top of the letter.
Date
Place the date the letter is written and sent.
Addressee’s Information
Full name, title (if applicable), and address of the recipient.
Subject Line or Re: Line
This indicates the purpose of the letter.
Example: Re: Demand for Payment of Overdue Account
Salutation
Use formal greetings like:
Dear Mr. XXX, or To Whom It May Concern
Introduction or Opening Paragraph
State who you are, your relationship to the matter, and the general purpose of the letter.
Statement of Facts
Outline the facts in chronological and clear order. Include relevant dates, actions, and obligations.
Example: On March 1, 2024, our client delivered goods worth PHP 50,000 to your company, which were received without dispute. Despite repeated verbal reminders, payment has not been made as of this writing.
Legal Basis
Cite applicable laws, contracts, or agreements. For example: Under Article 1169 of the Civil Code, delay in performance of an obligation occurs when the debtor fails to do so after demand.
Specific Demand or Request
Indicate what action is expected of the recipient. To illustrate: We demand full payment of PHP 30,000 within five (5) working days from receipt of this letter.
Deadline or Timeframe
Clearly specify the number of days or date by which compliance is expected.
Consequences for Non-Compliance
Politely state what will happen if the recipient fails to respond or comply. For example: Failure to comply shall compel us to file the appropriate legal actions.
Closing Statement
Restate the desired outcome or reiterate your readiness to resolve the matter amicably.
Formal Closing and Signature
Use closings such as:
Very truly yours,
Respectfully yours,
Follow with your printed name and signature. If applicable, indicate your role or legal title.
Enclosures (if any)
Mention if there are documents attached:
Enclosure: Copy of contract, proof of payment

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Formalities of Legal Letter Writing You Must Follow

Beyond clear writing, legal letters in the Philippines must follow certain formalities to ensure their enforceability and evidentiary value.

Use Formal Language: Legal letters should avoid slang or overly casual language.
Maintain a Neutral Tone: Avoid threats or emotionally charged statements.
Use Active Voice: Clear, direct sentences are preferable.
Be Concise: Stick to necessary information. Avoid over-explaining.
Proofread: Check grammar, spelling, and accuracy before sending.
Document Delivery: Send letters via registered mail, courier, or email (if legally accepted), and retain proof of delivery.

Common Mistakes to Avoid in Legal Letters

1. Hostile Tone

The goal of writing a legal letter is to hopefully gain a more peaceful outcome to conflicts before it reaches the courts. Using a hostile tone sets this goal back. For instance, instead of stating “It is all your fault why my client is suffering”, you can say “My client is currently facing difficulties, and we trust that you will take the necessary steps to address the matter.”

2. Failing to State Legal Basis for Demand

Lack of legal basis in a formal legal letter gives the impression that the request is baseless. To make the message stronger, add provisions from the Civil Code, the Revised Penal Code, or even cases which show that what you are requesting them to do is their legal obligation under Philippine laws.

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3. Too Lengthy

While we might get carried away by the demands our client wants to fulfill, having a long legal letter might weaken our message. Instead, make your letter more straightforward so that the opposing party knows what you are seeking for.

Sample Format of a Legal Letter

Now you know the essentials of a legal letter, provided for you is a sample format you can apply as needed.

Key Takeaways

Legal letters are formal communications lawyers send to opposing parties. It is usually for collecting debt, requesting for fulfillment of obligations, or asserting legal rights.
In drafting legal letters, use formal language, maintain a neutral tone, use an active voice, be concise, and proofread.
Some examples of legal letters are demand letters, cease and desist, termination, letter to government agencies, and letter to opposing counsel.
Avoid using a hostile tone, lacking legal bases, and lengthy sentences

Frequently-Asked Questions (FAQs)

How to make a legal letter?

You must first identify your cause and demands. After which, formulate a letter around those demands and suggest a solution that may be amenable to the opposing party.

What is the purpose of a legal letter?

A legal letter seeks to aim court disputes by resolving them outside of the courtroom.

Does a demand letter need to be notarized?

No but it can be done so to add formality to the letter.

Conclusion

In the Philippine legal context, a legal letter is more than a formality—it is a crucial document that can shape the course of a legal issue. From expressing demands and clarifying positions to preserving rights and opening channels for negotiation, legal letters play a powerful role.

By following the essential elements outlined in this guide, Filipino professionals, clients, and legal practitioners can craft legal letters that are precise, effective, and respected in any legal setting. When in doubt, seek the advice of a licensed attorney to ensure your legal communication is both sound and enforceable.