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Demand Letter

The law office represents Ms. Christina dela Cruz in demanding monthly support from Mr. Christian Dela Cruz, her husband. They were married in 2017 and had a child together in 2018. Mr. Dela Cruz had been providing monthly support but stopped in December 2019. According to the Civil Code, parents have an obligation to support their children. The letter demands a response from Mr. Dela Cruz regarding monthly support for their daughter within a specified number of days, or else legal action will be taken.

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697 views2 pages

Demand Letter

The law office represents Ms. Christina dela Cruz in demanding monthly support from Mr. Christian Dela Cruz, her husband. They were married in 2017 and had a child together in 2018. Mr. Dela Cruz had been providing monthly support but stopped in December 2019. According to the Civil Code, parents have an obligation to support their children. The letter demands a response from Mr. Dela Cruz regarding monthly support for their daughter within a specified number of days, or else legal action will be taken.

Uploaded by

Mimi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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SANIEL-AMIT LAW OFFICE

#10 Queen’s Road, Camputhaw, Cebu City


Tel. No. 2558016, 09255009472, email: joansanielamit@gmail.com

18 April 2020
Via email

Mr. Christian Dela Cruz


Respondent
4500 Rizal St.,
Old Albay, Legazpi City

RE: Demanding a response on Ms. Christina’s demand for monthly support

Dear SIR:

Our office represents Ms. Christina dela Cruz in the above-referred case. This letter is to
regarding your answer in response to Ms. Christina’s demand for monthly support. Your action
of not sending monthly support is in violation of the Civil Code and we demand that you should
give a response regarding in this matter.

The following are the facts presented as per our discussion. You were married on March 25,
2017 and one week after your marriage, you left for abroad. Your communications was
consistent until then. On December of the same year, you went home, spent your holidays with
her, and left in the middle of January 2018. After a month, your wife discovered that she was
pregnant and communicated with you regarding the matter. You went home in the middle of
September and she gave birth on October. Your communications with Ms. Christina was still
consistent until December 2019, according to her, you stopped sending monthly support and
disconnected. Through her multiple efforts of contacting you, she was unable to reach you. She
was not able to reach you for two months already. In line with this, she sought for an advice to
our office re this matter.

According to the Civil Code, the father must provide the financial support to his children. Those
who are obliged to support each other are enumerated in Art 195:
 The spouses;
 Legitimate ascendants and descendants;
 Parents and their legitimate children and the legitimate and illegitimate children of the latter;
 Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
 Legitimate brothers and sisters, whether of full or half-blood

You are then qualified to give support as the legitimate father of Joanna. It is your duty and obligation as
the father to financial assistance to your daughter, as mandated in the Art. 195 of the Civil Code. Your
monthly support of Php 30,000 shall continue. The amount of support, in the cases referred to in
Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities
of the recipient. [Art 201, Family Code of the Philippines]. Unable to provide support to your child will be
taken to a legal action as follows:

R.A. 9262 puts pressure on a father to provide for his child by threatening him with criminal action if he
does not provide support.
Section 5 e (2) in particular discusses Child Support:
Depriving or threatening to deprive the woman or her children of financial support legally due to her or
her family, or deliberately providing the woman’s children insufficient financial support.

Providing support to your daughter Joanna shall be continued.

Your wife sought help to our office about the said matter, and we hereby demand a response to
our letter within x days. Before we settle a case, we are giving this demand letter to you to
inform you of the situation and to remind you of your obligation as a father. Failure to no
response, we shall take legal actions against you.

Very truly yours,

Atty. Joan Dymphna Saniel-Amper

P.C.C.L.R.
Encl.
Cc: Christina dela Cruz

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