Dear Attorney,

I am a property owner, and my tenant has been consistently failing to pay rent. I would like to send a demand letter to formally notify them of their unpaid rent. Is it legally acceptable to send this demand letter through messaging apps like Messenger or Viber, or do I need to follow a more formal process?

Sincerely,
Concerned Landlord

Insights

A demand letter is a formal request made by a creditor (in this case, a landlord) to a debtor (the tenant) to fulfill their legal obligation, which can include paying overdue rent. In the Philippines, demand letters can play a crucial role in documenting the landlord's attempt to resolve the issue amicably before escalating the matter to legal action, such as filing a case in court. However, questions about how a demand letter should be delivered—especially in the digital age where communication platforms like Messenger and Viber are popular—have surfaced. This brings into focus key legal principles, including the validity of electronic documents, electronic communications, and due process in legal demands.

Electronic Commerce Act (Republic Act No. 8792)

The Electronic Commerce Act (E-Commerce Act) of 2000 is the main law in the Philippines that governs the use of electronic data messages and electronic documents. Under this law, contracts and documents executed electronically can be legally recognized, provided certain conditions are met. Section 6 of the E-Commerce Act states that information shall not be denied legal effect, validity, or enforceability solely on the grounds that it is in the form of an electronic document.

Therefore, technically, sending a demand letter through electronic means such as Messenger or Viber could be considered valid as long as it contains the necessary details and meets the formalities of a traditional demand letter. However, while electronic messages have legal recognition, there are additional factors to consider.

Notice Requirement in Legal Demands

In matters of contract enforcement, especially in landlord-tenant relationships, the Civil Code of the Philippines emphasizes the importance of proper notice before pursuing legal action. Under Article 1169 of the Civil Code, delay occurs when the obligor (tenant) fails to meet an obligation within a set period after being notified by the obligee (landlord). Therefore, the issuance of a demand letter—whether through traditional means or electronically—must ensure that the tenant is properly informed and aware of the demand for payment.

In this context, while a demand letter sent via Messenger or Viber could be valid under the E-Commerce Act, there could be practical challenges related to ensuring receipt. Unlike traditional registered mail, which provides a documented paper trail with proof of service, messages sent via electronic platforms might not always provide undeniable evidence that the tenant received the letter, read it, and understood the contents. Messenger and Viber may show read receipts, but these are not as formal or legally reliable as a notarized affidavit of service or registered mail return slip.

Courts and Acceptance of Electronic Demand Letters

When the issue escalates to a legal dispute, the court may examine whether the demand letter was properly served. Courts in the Philippines traditionally rely on the rules of civil procedure, which prioritize physical delivery of notices (through registered mail or personal service) to ensure due process. However, as digital communication becomes more prevalent, there have been discussions about modernizing legal procedures to include electronic delivery.

At present, the most secure method to ensure that the demand letter will be accepted by the court as proof of notice remains the traditional route: sending the letter via registered mail with a return receipt requested, or through personal service. This ensures that you have formal proof that the tenant received the letter, which will be necessary should the matter escalate to court.

Legal Risks of Using Electronic Platforms for Demand Letters

There are certain legal risks to relying solely on electronic means like Messenger or Viber. While the law recognizes electronic documents, the following concerns must be considered:

Lack of Acknowledgment: The recipient may claim they never received or read the message. Unlike registered mail, messaging apps do not have a legal presumption of receipt.
Change in Contact Information: If the tenant changes their Messenger or Viber account or does not frequently check their messages, they may argue that they were not properly notified.
Proof in Court: The court may still prefer more conventional methods of communication for proper service of demand letters. Digital messages, while valid, might not carry the same weight as physical evidence of service.

Best Practices for Sending Demand Letters

To mitigate risks and ensure that you fulfill your obligations in serving a demand letter, the following practices are recommended:

Send the Demand Letter by Registered Mail: Always send a copy of the demand letter through registered mail with return receipt requested. This provides a legally recognized and formal proof of service.
Complement with Digital Communication: You can send a copy of the demand letter through Messenger or Viber as a supplementary measure. Ensure that you save screenshots of the conversation, including the delivery and read receipts, as additional proof. However, do not rely solely on this method for official documentation.
Keep Copies of Correspondence: Whether the communication is electronic or physical, retain all copies of the demand letters, receipts, and any responses for future reference. In the event of a court case, these documents may be crucial in demonstrating that proper notice was given.

Legal Implications of Ignoring a Demand Letter

Ignoring a demand letter can have significant consequences. If the tenant does not respond to the demand within the reasonable period stated, the landlord may pursue legal remedies, such as:

Filing an ejectment case to recover possession of the property or collect unpaid rent.
Pursuing small claims or ordinary civil action for unpaid rent.

By sending a demand letter, the landlord fulfills a legal requirement that strengthens their case in court if the tenant continues to fail to pay rent.

Conclusion

In the Philippines, while electronic demand letters through Messenger or Viber are recognized under the Electronic Commerce Act, traditional methods like registered mail remain the most reliable and court-accepted means of serving legal demands. To avoid complications and ensure full legal compliance, it is advisable to use registered mail alongside digital communication for maximum effectiveness.