The Defamation Letter Before Action is a crucial preliminary document used in the Philippines when seeking remedies for defamatory statements. It serves as a formal notification to the alleged defamer before initiating legal proceedings under Philippine law, which recognizes defamation through both civil remedies (under the Civil Code) and criminal prosecution (under the Revised Penal Code). This document should be used when an individual or organization has been subject to defamatory statements that have caused reputational damage, financial loss, or other forms of harm. The letter typically includes detailed information about the defamatory statements, evidence of their publication, proof of damages, and specific demands for rectification. It must be carefully drafted to comply with Philippine legal requirements and constitutional protections regarding freedom of speech while effectively asserting the complainant's rights.
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1. Sender's Details: Full name, address, and contact information of the complainant or their legal representative
2. Recipient's Details: Full name and address of the person or entity alleged to have made the defamatory statements
3. Date: Date of the letter
4. Subject Line: Clear indication that this is a legal notice regarding defamation
5. Defamatory Statement Details: Precise details of the defamatory statement(s), including when, where, and how they were made
6. Legal Basis: Citation of relevant laws and explanation of how the statement(s) constitute defamation
7. Impact and Damages: Description of harm caused to reputation, business, or personal life
8. Demands: Clear statement of required actions (retraction, apology, removal of content, etc.) and timeline
9. Legal Consequences: Statement of intent to take legal action if demands are not met
10. Response Timeline: Deadline for response to the letter
11. Closing: Formal closing and signature block
1. Previous Correspondence: Reference to any previous attempts to resolve the matter, used when prior communication exists
2. Online Removal Instructions: Specific instructions for removing online content, included when defamation occurred on digital platforms
3. Multiple Instance Documentation: Detailed list of multiple defamatory statements, used when there are several instances of defamation
4. Witness Information: Details of witnesses who can corroborate the defamation, included when witnesses are available
5. Settlement Terms: Proposed terms for settling the matter without court proceedings, included when the complainant wishes to offer settlement options
1. Evidence of Defamatory Statements: Copies of publications, screenshots, recordings, or other evidence of the defamatory statements
2. Proof of Damages: Documentation showing actual damages suffered (financial records, cancelled contracts, etc.)
3. Supporting Witness Statements: Written statements from witnesses who can verify the defamation and its impact
4. Timeline of Events: Chronological listing of relevant events related to the defamation
5. Previous Communication Records: Copies of any previous correspondence regarding the matter
Relevant legal definitions
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Professional Services
Healthcare
Education
Retail and Consumer
Technology
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Hospitality
Non-profit Organizations
Government and Public Sector
Manufacturing
Real Estate
Relevant Teams
Legal
Corporate Communications
Public Relations
Executive Leadership
Human Resources
Compliance
Risk Management
Marketing
Corporate Affairs
Customer Relations
Relevant Roles
Chief Executive Officer
Managing Director
Legal Counsel
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Human Resources Director
Brand Manager
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Corporate Secretary
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Business Development Manager
Operations Manager
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