1. Demand Letter

Form of Demand

• Written notice served upon the person found on the premises, or by posting such notice on the premises if no person be found thereon (Sec. 2, Rule 70);
• By substituted service or registered mail;
• Jurisprudence provides that demand upon a tenant may be oral, but sufficient evidence must be adduced to show that there was indeed a demand like testimonies from disinterested and unbiased witnesses. (Jakihaca v. Aquino, G.R. No. 83982, 1990)

Note: If several demands were made, the one year period is counted from the last demand letter received, unless the subsequent demands were merely in the nature of reminders of the original demand, in which case the one-year period is counted from the first demand.

Effect of non-compliance with demand

The lessor may proceed against the lessee if the demand is not complied with AFTER:

• 15 days in the case of land; or
• 5 days in case of buildings.