1) What a demand letter is (and what it is not)

A demand letter is a written notice by a creditor or claimant telling another party (the debtor, obligor, or respondent) to perform an obligation (pay, deliver, do, or refrain), usually within a stated period, and warning of possible legal action if the demand is ignored.

A demand letter is not a court pleading, not a summons, and not (by itself) a case. Its main functions are practical and legal: it clarifies the claim, attempts settlement, and—crucially—can trigger certain legal effects (like putting the debtor in delay or interrupting prescription).

2) Is a demand letter legally required in the Philippines?

General rule: often not required to sue, but may be required to get certain legal consequences

You can generally file a civil case without first sending a demand letter, unless a law, a contract, or the nature of the action makes prior demand a condition.

When demand matters most

A demand letter is especially significant for these legal purposes:

To place the debtor in delay (mora) Under the Civil Code, in many obligations, the debtor is considered in default only after a demand—judicial or extrajudicial.
To claim certain damages/interest tied to delay If default requires demand, then delay-based interest and damages typically hinge on proving a proper demand.
To interrupt prescription (limitation periods) The Civil Code recognizes that extrajudicial demand by the creditor can interrupt prescription in many contexts.
As a prerequisite in certain actions Some cases require demand by law or jurisprudence (common examples include certain ejectment scenarios and some statutory notice requirements), or require demand because the cause of action does not accrue without it.

When demand is not necessary (common Civil Code exceptions)

Demand may not be necessary when:

The obligation or law expressly provides that demand is unnecessary;
Time is of the essence (“the date is controlling”);
Demand would be useless (e.g., debtor has made performance impossible);
The debtor admits inability/refusal in a way that effectively makes demand pointless.

3) So is an email demand letter “valid” in the Philippines?

Short legal conclusion

Yes—an email demand letter can be valid as an extrajudicial demand in Philippine civil law as long as it is proven and it meets any contract- or law-imposed notice requirements.

Philippine law generally does not insist that an extrajudicial demand must be on paper delivered by courier. What matters is:

There is a clear demand (who demands what, legal/factual basis, deadline); and
It is communicated in a manner consistent with the parties’ agreement and the applicable rules; and
It can be proven (sending, authenticity, and ideally receipt).

4) Legal foundations supporting email demand letters

A) Civil Code: extrajudicial demand and its effects

Two Civil Code ideas make email demand letters legally meaningful:

Default/delay (mora) often requires demand Civil Code principles treat debtors as in delay only after demand in many cases (unless an exception applies). An email can serve as that extrajudicial demand if it clearly demands performance.
Interruption of prescription by extrajudicial demand Civil Code doctrine recognizes that prescription can be interrupted by extrajudicial demand by the creditor. An email, being a written communication, can qualify—again, provided you can prove it.

B) E-Commerce Act (Republic Act No. 8792): recognition of electronic data messages

Philippine policy recognizes the legal effect of electronic data messages and documents, supporting the idea that written notices—including demands—can be made electronically.

C) Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

If the dispute reaches court, the question becomes less “Is email allowed?” and more:

Can you authenticate it?
Can you show integrity and reliability?
Can you show it was sent/received (or at least properly dispatched)?

The Rules on Electronic Evidence provide the framework for admitting emails and other electronic documents, subject to authentication and evidentiary requirements.

5) The real battleground: proof (sending, authenticity, and receipt)

An email demand letter is only as powerful as your ability to prove it later.

A) Proving the email exists and is authentic

In litigation, you should be prepared to show:

The actual email content (including headers if possible),
The sender’s identity and authority (e.g., lawyer/client relationship or company authority),
The context showing it relates to the obligation (contract, invoices, acknowledgments),
That it was not altered (integrity).

Practical ways to strengthen authenticity:

Send from a consistent, identifiable business or counsel email domain.
Include the case details, contract references, invoice numbers, and attachments.
Preserve native format (e.g., .eml / .msg) where possible.
Keep server logs or email service provider records if available.

B) Proving the email was sent

Evidence may include:

“Sent” folder copies (better if preserved in native format),
Email headers showing transmission,
Outgoing mail logs (corporate systems),
Certifications/affidavits from the sender or records custodian (in proper cases).

C) Proving the email was received/read

This is the hardest part. Courts typically care most about receipt when the legal effect depends on the notice reaching the other party (or when the other party denies ever getting it).

Helpful proof includes:

A reply from the recipient (best evidence of receipt),
An acknowledgment (even “Noted”),
Evidence the email was used in subsequent discussion,
Read receipts (helpful but not foolproof),
Proof the email address is the one the recipient uses in the relationship (prior correspondence, contract notice clause, billing history, admissions).

Important nuance: For some legal purposes, it may be enough to prove the demand was properly sent to the correct address agreed upon, especially where the recipient’s denial is not credible. But for high-stakes statutory notice requirements (see examples below), actual receipt is often crucial.

6) Contract controls: notice clauses and agreed modes of communication

In private transactions, the parties’ contract often dictates:

Where notices must be sent (physical address, email, both),
Whether notice is effective upon sending or only upon receipt,
Required recipients (specific officer, counsel, department),
Required method (registered mail, courier, personal service).

Practical rule

If your contract says notices must be sent by registered mail to a specific address, an email alone may be attacked as non-compliant, even if it was actually read.

Best practice

If you’re unsure, comply with the contract’s strict notice method, and treat email as an additional channel (fast notice + paper trail).

7) When email demand letters are commonly accepted in practice

Even when not litigated, email demand letters are widely used in:

Business-to-business collections,
Professional service fee demands,
Contract breaches (supply, construction, consulting),
Consumer disputes (as a pre-complaint step),
Employment-related money claims (though strategy varies).

They are especially effective where:

The relationship has an established email trail, and
The recipient routinely transacts through the same email address.

8) Situations where email-only demand is riskier

A) Ejectment (unlawful detainer) and “demand to pay/vacate”

Ejectment actions commonly require a prior demand to pay and vacate (or to comply and vacate) served on the occupant/tenant before filing. Email may work if:

The lease or the parties’ practice uses email for official notices, and
You can prove receipt.

But because ejectment is technical and timelines matter, email-only demand can be vulnerable if the defendant denies receiving it. Many practitioners still do personal service, courier, and/or registered mail as a “belt-and-suspenders” approach.

B) B.P. Blg. 22 (Bouncing Checks Law) notice of dishonor

For BP 22, the prosecution typically needs to prove the maker received notice of dishonor and still failed to pay within the statutory period. Here, courts scrutinize receipt closely. Email notice can be argued, but it is riskier unless you have strong proof (reply acknowledgment, admission, etc.). Traditional service (personal/courier/registered mail with proof) is often used to reduce defenses.

C) When the opposing party is likely to deny everything

If you anticipate denial, non-cooperation, or a “never received it” defense, rely on methods with stronger objective proof (courier with delivery confirmation, registered mail, personal service with affidavit).

9) Drafting an effective email demand letter (Philippine practice)

A) Substantive elements (what must be there)

A solid demand letter (email or otherwise) should clearly state:

Parties Correct legal names, addresses, and identifying details.
Background facts Contract/date, transaction history, invoices, acknowledgments.
Legal basis Breach, nonpayment, specific obligations.
Specific demand Amount due (itemized), what performance is required, where/how to pay/perform.
Deadline A definite period (e.g., 5 days, 10 days, 15 days), mindful of reasonableness.
Consequences Statement that you will file the appropriate action if not complied with, including claims for damages/interest/fees if applicable.
Settlement invitation Optional but strategic (and often persuasive).
Reservation of rights State you reserve all rights and remedies.

B) Email-specific best practices (to strengthen validity and evidentiary value)

Use a precise subject line: “FINAL DEMAND: Payment of ₱___ under Contract dated ___”
Send to multiple addresses known to belong to the recipient (official company email + accounts payable + signatory), but avoid spamming unrelated parties.
CC counsel or relevant officers if appropriate (and safe from privacy/confidentiality issues).
Attach a PDF of the demand letter on letterhead and keep the email body consistent with it.
Request acknowledgment (“Please confirm receipt within 24 hours.”).
Use follow-up communications: if no reply, send a second notice referencing the first.
Preserve evidence: save the email in native format and keep all attachments.
Avoid defamatory language: keep it factual and professional to reduce counterclaims and escalation.

10) Can you claim attorney’s fees just because you sent a demand letter?

Not automatically.

In the Philippines, attorney’s fees are not awarded as a matter of course. They generally require a legal basis (law, contract, or specific Civil Code grounds) and must be reasonable and justified by the circumstances.

A demand letter can:

Support the idea that the debtor acted in bad faith by ignoring a reasonable demand, but
It does not guarantee attorney’s fees unless the legal standards are met.

If your contract has an attorney’s fees clause, that helps—but courts may still reduce unconscionable amounts.

11) Data privacy and confidentiality considerations (RA 10173)

Sending a demand letter by email often involves personal information (names, account details, addresses, payment history). Consider:

Send only to intended recipients with a legitimate need to know.
Avoid unnecessary mass copying.
Be careful with attachments containing IDs, bank details, or sensitive personal information.
For companies, use secure channels when possible.

Data Privacy Act issues typically arise when demands are sent to the wrong people, excessively disclosed, or used to shame/harass.

12) Recommended “gold standard” approach (if you may litigate)

If the claim is substantial or you expect litigation, use a layered approach:

Email demand (fast, creates a timestamped trail, encourages dialogue)
Courier/registered mail demand (stronger proof of delivery)
Personal service when feasible (affidavit of service, witness)

This makes it much harder for the other party to credibly deny notice.

13) Simple email demand letter template (adaptable)

Subject: FINAL DEMAND: Payment of ₱[amount] – [Contract/Invoice Reference]

Dear [Name/Company],

I/We write regarding your unpaid obligation arising from [contract/transaction] dated [date], particularly [invoice/PO/reference] in the total amount of ₱[amount], due on [due date].

Despite prior follow-ups, the amount remains unpaid. Accordingly, we hereby demand that you pay ₱[amount] within [X] days from receipt of this email, through [payment instructions].

If you fail to comply within the stated period, we will be constrained to pursue the appropriate legal action to protect our interests, including claims for applicable interest, damages, costs, and other reliefs allowed by law and/or contract, without further notice.

Please confirm receipt of this email and advise of your payment schedule.

Sincerely, [Name] [Title / Company / Counsel] [Contact details] Attachments: [PDF demand letter, invoices, SOA, contract excerpts]

14) Bottom line

Email demand letters are generally valid in the Philippines as extrajudicial demands and are consistent with Philippine policy recognizing electronic documents.
The decisive issue is usually proof—especially proof of receipt when that matters for the legal effect.
If a contract or a specific legal context requires a particular mode of notice, follow it, and treat email as an additional channel rather than the only one.

If you tell me the scenario (collection of debt, lease/ejectment, bounced check, employment, or a contract breach), I can tailor the analysis to the exact legal effect you’re trying to achieve (default, prescription interruption, prerequisite demand, damages/interest strategy) and draft a version that fits that use-case.