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Santos Law Offices

#529 KB Arizona Towers, Padre Campa St., Sampaloc Manila


Telefax (012) 345 6789| Tel. No. (123) 456 7890
E-mail: normankennethsantos@gmail.com
www.santoslawoffices.com.ph

October 23, 2015


Mr. Butch Cruz
Manila City, Metro Manila

Dear Mr. Butch Cruz,


I am writing to you on behalf of the Ms. Kim Rosa.
I was also informed by my client Ms. Rosa that you have several obligations that are due
and demandable.
(1) Child Support and Cost of Delivery
Ms. Rosa has been seven (7) months pregnant with your child. We are making a demand
that you pay half of all cost pertaining to the delivery of the child and the support of the child at
the amount of P7,000 per month after delivery and any other cost the law so provides. Art. 194 of
the Family Code states,
Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing,
medical attendance, education and transportation, in keeping with the financial capacity of
the family.
The education of the person entitled to be supported referred to in the preceding paragraph
shall include his schooling or training for some profession, trade or vocation, even beyond
the age of majority. Transportation shall include expenses in going to and from school, or to
and from place of work.

The support shall be due and demandable as of the date in this letter as provided in Art. 203 of
the Family code, which states: The obligation to give support shall be demandable from the
time the person who has a right to receive the same needs it for maintenance, but it shall not be
paid except from the date of judicial or extra-judicial demand.
1

Santos Law Offices


#529 KB Arizona Towers, Padre Campa St., Sampaloc Manila
Telefax (012) 345 6789| Tel. No. (123) 456 7890
E-mail: normankennethsantos@gmail.com
www.santoslawoffices.com.ph

(2) Return of Personal Property


We are demanding the return of three (3) personal property you have taken from the
apartment of Ms. Rosa namely:
One (1) Standard Electric Fan,
One (1) Samsung Mini Refrigerator, and
One (1) Adidas Slippers.
You are demanded to return the things or its equivalent value in the amount of Fifteen Thousand
Pesos (P15,000) on or before the 31 st of October 2015. Otherwise we will be constrained to file a
case of estafa against you. Under the Revised Penal Code, Estafa is committed by,
Art. 315. Swindling (estafa). Any person who shall defraud another by any of the means
mentioned hereinbelow shall be punished by
1st. The penalty of prision correccional in its maximum period to prision mayor in its
minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000
pesos, x x x.
xxx
1. With unfaithfulness or abuse of confidence, namely:
xxx
(b) x x x under any other obligation involving the duty to make delivery of or to return the
same, even though such obligation be totally or partially guaranteed by a bond; or by
denying having received such money, goods, or other property.
x x x (emphasis ours)

By the forgoing, you are obligated to return above mentioned things and in not doing so you
shall be liable for estafa by means of abuse of confidence.
(3) Contractual Obligation to Pay for Rent

Santos Law Offices


#529 KB Arizona Towers, Padre Campa St., Sampaloc Manila
Telefax (012) 345 6789| Tel. No. (123) 456 7890
E-mail: normankennethsantos@gmail.com
www.santoslawoffices.com.ph

We demand that you pay the amount of Twenty One Thousand Pesos (P21,000) as
payment for the last three months you have stayed in my clients apartment before you left. This
obligation was brought about by your agreement with Ms. Rosa that you shall be paying part of
the rental fees. Such agreement shall be considered as a binding contract between you and my
client. As per the Civil Code, Art. 1305 of the Civil Code as, [a] contract is a meeting of minds
between two persons whereby one binds himself, with respect to the other, to give something or
to render some service.
(4) Cease and Desist From Harassing
Ms. Rosa has been complaining that you have been harassing her to return the pearl
earrings you have voluntarily given to her. The rights over said property has been transferred to
Ms. Rosa upon her receiving of the thing, hence you have no more right over it. You are
demanded to stop such harassment activities immediately as they are being done in violation of
the law. As provided under Sec 3 (a) and (c) of RA 9262 or otherwise known as Anti-Violence
Against Women and Their Children Act,
(a) [v]iolence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating relationship, or with whom he has a
common child, or against her child whether legitimate or illegitimate, within or without the
family abode, which result in or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. x x x
C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or
emotional suffering of the victim such as but not limited to intimidation, harassment,
stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and
marital infidelity. X x x (emphasis ours)

Santos Law Offices


#529 KB Arizona Towers, Padre Campa St., Sampaloc Manila
Telefax (012) 345 6789| Tel. No. (123) 456 7890
E-mail: normankennethsantos@gmail.com
www.santoslawoffices.com.ph

My client has the right to remain free from these activities as they constitute harassment and we
will pursue any legal remedies available against you if these activities continue.
With all the foregoing, you are given until October 31, 2015 to comply with our
demands. Otherwise, we will be forced to file the appropriate civil or criminal case/s against you.

Regards,

SantosK
Atty. Norman Kenneth V. Santos

With my conformity:

KRosa
Ms. Kim Rosa