A demand letter is one of the most common tools Filipinos use to assert a right or collect an obligation before going to court. People often ask whether a demand letter is “valid” if it is not notarized or not signed by a lawyer. In Philippine practice, the short answer is: yes, a demand letter can be valid and effective even if it is neither notarized nor lawyer-signed, so long as it clearly communicates the demand and is properly served. Notarization and a lawyer’s signature may add weight, but they are not legal prerequisites to a demand letter’s validity.

This article explains the legal nature of demand letters in the Philippines, what makes them effective, when notarization or a lawyer’s signature matters, and how demand letters affect lawsuits.

1. What a Demand Letter Is (and Is Not)

A demand letter is a written notice sent by a creditor or a person asserting a right (the “demanding party”) to another person (the “recipient”) requiring that person to pay, perform, stop, return, or comply with a legal or contractual obligation within a stated time.

It is not:

a court pleading,
a lawsuit,
a criminal complaint,
a document that automatically creates liability.

Instead, a demand letter is usually a pre-litigation step. It:

puts the other party on notice,
gives a last chance to comply,
sets a record that a demand was made.

2. No General Law Requires Notarization or Lawyer Signature

Notarization

Philippine law does not require demand letters to be notarized. Notarization is typically required only for specific documents that the law or parties’ agreement expressly demand (e.g., deeds of sale, real estate conveyances, certain affidavits, some special powers of attorney).

A demand letter is usually just private correspondence. Unless a contract says “demands must be notarized” (rare but possible), notarization is optional.

Lawyer signature

Likewise, there is no rule that only lawyers can send demand letters. Any person who has a claim can write and send one. A lawyer becomes required only when:

filing cases in court (except when the law allows self-representation), or
giving legal representation to another person in a professional capacity.

So a demand letter without a lawyer’s signature can still be fully valid.

3. What Makes a Demand Letter “Valid” and Effective

Because a demand letter is not a formal court document, its “validity” is judged more by substance and proof of service than by formality.

A good demand letter typically has:

Clear identification of parties
- Who is demanding, and who must comply.
Statement of facts
- Brief timeline of what happened.
Legal or contractual basis
- Cites the agreement, law, or obligation relied on.
Specific demand
- Amount to pay, action to perform, property to return, or conduct to stop.
Deadline and consequence
- A reasonable period (e.g., 5–15 days) and note that legal action will follow if ignored.
Mode of payment or compliance
- Where/how to pay or comply.
Date and signature of the sender
- A simple handwritten or printed signature is fine.

A demand letter is effective when it actually reaches (or is proven to have reached) the recipient.

4. Why Demand Matters Under Philippine Civil Law

Under the Civil Code, demand can create legal effects. For example:

A. Putting the debtor “in delay” (mora)

In obligations to pay or perform, a debtor is generally considered in delay only after demand—judicial (court) or extrajudicial (like a demand letter). Once in delay, the debtor may be liable for damages or interest.

Exception: Demand is not needed if:

the obligation declares time to be of the essence (“payment on or before X date, time is essential”),
the law or contract says no demand is required,
the debtor makes performance impossible, or
demand would be useless.

B. Basis for interest and damages

A properly made demand can support a claim for:

legal interest,
actual damages,
attorney’s fees (if justified by law or contract).

C. Proof of good faith and pre-litigation effort

Courts often look favorably on parties who first tried to settle. Demand letters show this attempt.

D. Triggering contractual remedies

Contracts sometimes state that default occurs after written notice. A demand letter fulfills that notice requirement even if not notarized.

5. Notarization: What It Adds (and What It Doesn’t)

Notarization does not “validate” a demand letter in the sense of making it legally required. But it can add practical benefits:

What notarization adds

Evidentiary strength: A notarized document is a public document. It enjoys a presumption of authenticity.
Less room to deny: The recipient can’t easily argue the letter was forged.

What notarization does not add

It does not automatically make your claim stronger on the merits.
It does not convert the letter into a court judgment.
It does not force compliance.

Most demand letters in practice are not notarized, and that is normal.

6. Lawyer Signature: What It Adds (and What It Doesn’t)

What a lawyer-signed letter adds

Perceived seriousness: Recipients often respond faster.
Better legal framing: Prevents mistakes in claims or deadlines.
Strategic value: A lawyer can tailor the letter to future litigation.

What a lawyer signature does not add

It does not make the letter legally required.
The claim can still be invalid even if a lawyer signed it.
A lawyer-signed letter is not proof by itself that you are right.

A non-lawyer demand letter remains valid, especially for straightforward claims (e.g., unpaid loans, rent arrears, return of property).

7. Serving the Demand Letter: The Real Key

Since notarization and lawyer signature are optional, proof of service is the critical part.

Common valid ways to serve

Personal delivery with acknowledgment/receiving copy.
Registered mail with return card.
Courier with tracking and proof of receipt.
Email or messaging apps (if the contract allows or if you can prove receipt).

Why proof matters

If you later file a case, you may need to show:

that demand was made, and
when the recipient received it.

8. Demand Letters in Specific Philippine Contexts

A. Collection of debts / loans

Demand helps establish delay and supports interest. Even a simple signed letter works if served properly.

B. Lease and rentals

Lessors often send demand letters for unpaid rent or eviction. Notarization is not required unless your lease contract expressly demands a notarized notice.

C. Employment disputes

Demand letters can precede labor complaints (e.g., unpaid wages, final pay). Notarization not required.

D. Consumer and business disputes

Consumers or businesses can demand refunds, repairs, or compliance. Again, no notarization requirement.

E. Corporate demands

Corporations typically send demand letters through officers or lawyers, but corporate demands don’t need notarization unless internal rules or contracts require it.

9. Demand Letters vs. Affidavits

People sometimes confuse demand letters with affidavits.

Affidavit: a sworn statement of facts; notarization is essential.
Demand letter: not sworn; notarization optional.

A demand letter is not an affidavit, so it doesn’t need to be notarized to be valid.

10. Common Myths

“Not notarized = invalid.” False. Most demands are private letters.
“Only lawyers can demand.” False. Anyone with a right can demand.
“Demand letter must cite laws to count.” Not strictly. Clear facts and demands are enough, though legal basis helps.
“Demand letter guarantees you win in court.” False. It only shows notice and pre-litigation effort.

11. When You Should Consider Notarization or a Lawyer

Even though not required, consider notarization or counsel when:

Big money or high stakes are involved.
You expect the recipient to deny receipt or authenticity.
You need a letter that aligns tightly with future court strategy.
The contract requires formal notice (check your clauses).
You want to claim attorney’s fees later and need a cleaner paper trail.

12. Practical Tips for a Strong Demand Letter

Keep it firm but professional.
Attach or cite relevant documents (promissory note, receipts, contract).
Give a reasonable deadline.
State your next step clearly (filing civil case, small claims, or barangay conciliation).
Keep copies of everything, including proof of service.

13. Relation to Small Claims and Barangay Conciliation

Small Claims

For many money claims, you can file a small claims case without a lawyer. A demand letter is not always mandatory, but it helps establish delay and good faith.

Barangay Conciliation

For disputes between individuals living in the same city/municipality, barangay conciliation may be required before court. A demand letter is often a useful first step and may even prompt settlement before barangay proceedings.

14. Simple Demand Letter Outline (Philippine-style)

Date
Recipient name/address
Subject: Demand for Payment/Compliance
Facts (brief)
Basis (contract/law)
Demand (specific)
Deadline (specific date)
Consequence (legal action if ignored)
Sender name/signature/contact info
Attachments list

Notarization and lawyer signature are optional add-ons, not requirements.

Conclusion

In the Philippines, a demand letter does not need to be notarized or signed by a lawyer to be valid. What matters is that the letter clearly states the claim and demand, and that you can prove the recipient received it. Notarization and legal counsel may increase credibility and effectiveness, especially in high-value or contentious disputes, but they are not legal prerequisites.

This article is for general information and not a substitute for legal advice. If your situation is complex or high-stakes, consulting a qualified Philippine lawyer is the safest move.