The Request To Cease And Desist Letter is a crucial legal instrument in Philippine business and civil law practice, serving as a formal demand to stop specific actions that violate legal rights or obligations. This document type is commonly used when diplomatic approaches have failed but before initiating formal legal proceedings. It must be drafted in compliance with Philippine civil law requirements and relevant statutes, including the Civil Code of the Philippines and specific laws depending on the nature of the violation. The letter typically includes detailed documentation of the violation, clear demands for cessation, and specific deadlines for compliance. It serves both as a formal warning and as potential evidence in future legal proceedings if the recipient fails to comply. The document is particularly important in the Philippine legal system as it demonstrates good faith attempts to resolve disputes before pursuing court action.
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1. Sender Information: Full name, address, and contact details of the person or entity sending the letter
2. Recipient Information: Full name, address, and contact details of the person or entity to whom the letter is addressed
3. Date: Current date of the letter
4. Subject Line: Clear indication that this is a Cease and Desist notice
5. Description of Violation: Detailed description of the unlawful activity or violation, including specific instances and dates
6. Legal Basis: Citation of relevant laws and legal rights being violated
7. Demand Statement: Clear statement of actions required from the recipient, including immediate cessation of the specified activities
8. Deadline: Specific timeframe within which the recipient must comply
9. Consequences: Statement of legal actions that will be taken if the recipient fails to comply
10. Closing: Formal closing statement, signature block, and contact information for response
1. Previous Communications: Reference to any prior attempts to resolve the issue, including dates and methods of communication
2. Reservation of Rights: Statement reserving all legal rights and remedies available under Philippine law
3. Without Prejudice Statement: Statement indicating the letter is without prejudice to any existing or future legal rights
4. Settlement Openness: Optional paragraph indicating willingness to discuss amicable resolution
5. Certification of Authority: If sent on behalf of a company or another individual, statement certifying authority to send the letter
1. Evidence Documentation: Copies or screenshots of the violating activities, arranged chronologically
2. Prior Communications Log: Copies of previous correspondence or communication attempts regarding the issue
3. Proof of Rights: Documentation proving ownership of relevant rights (e.g., intellectual property registrations, contracts)
4. Damage Documentation: Evidence of damages or harm caused by the violation, if applicable
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Intellectual Property
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Corporate Secretary
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Human Resources Director
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General Counsel
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