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Counter Demand Letter for Philippines

Counter Demand Letter Template for Philippines

A Counter Demand Letter is a formal legal document used in the Philippines legal system as a response to an initial demand letter. It serves as an official written reply that contests the claims made in the original demand letter while potentially asserting counter-claims against the original demanding party. The document must comply with Philippine civil law requirements and typically includes detailed refutations of original claims, presentation of counter-arguments, supporting evidence, and any counter-demands. It plays a crucial role in dispute resolution and often serves as a prerequisite document before pursuing formal legal proceedings in Philippine courts.

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What is a Counter Demand Letter?

The Counter Demand Letter is an essential legal instrument in the Philippine legal system, typically employed when receiving a demand letter that contains disputed claims or allegations. This document serves as a formal response that not only addresses and refutes the original demands but also presents counter-claims when applicable. The Counter Demand Letter must be drafted in accordance with Philippine civil law and jurisprudence, containing clear references to the original demand, specific rejections of claims, legal bases for such rejections, and any counter-demands. It's commonly used in various disputes, from commercial disagreements to personal matters, and often represents a crucial step in the pre-litigation phase. The document should be professionally drafted, well-documented, and may serve as evidence in future legal proceedings if the dispute escalates to court litigation.

What sections should be included in a Counter Demand Letter?

1. Letter Header: Includes sender's details, date, recipient's details, and reference numbers of original demand letter

2. Subject Line: Clear indication that this is a Counter Demand Letter with reference to the original demand letter

3. Acknowledgment: Formal acknowledgment of receiving the original demand letter with its date and key details

4. Rejection of Claims: Clear and specific rejection of the claims made in the original demand letter, with brief reasons

5. Legal Position: Statement of your legal position and basis for rejection of claims

6. Supporting Facts: Presentation of relevant facts and evidence that support your position

7. Counter Demands: Clear statement of any counter demands being made, including specific amounts if applicable

8. Legal Basis: Citation of relevant laws and legal principles supporting your counter position

9. Timeline for Response: Specific deadline for the other party to respond to your counter demands

10. Closing Statement: Professional closing with clear statement of expected next steps

What sections are optional to include in a Counter Demand Letter?

1. Settlement Proposal: Include when offering a compromise or settlement terms to resolve the dispute amicably

2. Reservation of Rights: Include when needing to explicitly reserve legal rights for future action

3. Without Prejudice Statement: Include when the letter contains settlement offers that shouldn't be used in future legal proceedings

4. Cease and Desist: Include when requesting the other party to stop specific actions or behaviors

5. Professional Conduct Notice: Include when addressing unprofessional behavior or communication from the other party

What schedules should be included in a Counter Demand Letter?

1. Evidence List: Itemized list of all supporting documents referenced in the counter demand letter

2. Timeline of Events: Chronological listing of relevant events and correspondence

3. Financial Statement: Detailed breakdown of any financial claims or counterclaims

4. Copy of Original Demand Letter: Attachment of the original demand letter being responded to

5. Supporting Documentation: Copies of relevant contracts, communications, or other documents supporting your position

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Demand Letter

Cost

Free to use
Relevant legal definitions

























Clauses




















Relevant Industries

Legal Services

Banking and Finance

Real Estate

Construction

Manufacturing

Retail and Commerce

Professional Services

Healthcare

Insurance

Transportation and Logistics

Technology and Software

Telecommunications

Education

Hospitality

Relevant Teams

Legal

Compliance

Risk Management

Executive Management

Operations

Administrative

Corporate Governance

Dispute Resolution

Document Control

Records Management

Relevant Roles

Legal Counsel

Corporate Lawyer

Compliance Officer

Risk Manager

Chief Legal Officer

Business Owner

Managing Director

Chief Executive Officer

Contract Manager

Legal Administrator

Company Secretary

Operations Manager

Claims Manager

Dispute Resolution Specialist

Corporate Secretary

General Counsel

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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