Trinidad & MasungcadLaw Office · Davao City

i. Practice areas

Money, contracts & demands

Unpaid debts and accounts, demand letters, breach of contract, and settlements.

When someone does not pay or does not do what was agreed, the matter usually starts with a demand and may end in a settlement or a case in court.

Civil litigation & collection

When someone fails to pay a debt or keep an agreement, the law provides ways to demand payment or performance. We handle these matters from the first demand letter through court proceedings and the enforcement of a judgment.

How we can help

  • Demand letters for unpaid loans, accounts or obligations
  • Small claims cases
  • Collection of sum of money and damages cases
  • Breach of contract and specific performance cases
  • Defending clients who are being sued for collection
  • Execution of judgments (enforcing a decision you won)

How it usually proceeds

  1. Demand. A formal written demand is usually the first step. It is generally needed to place the other party in delay.
  2. Barangay conciliation. If the parties live in the same city or municipality, the dispute usually goes through the barangay first.
  3. Filing in court. If no settlement is reached, the case is filed in the proper court. Small claims and summary cases follow faster rules.
  4. Judgment and execution. After a decision, the winning party may ask the court to enforce it.

What to bring

  • Contract, promissory note or loan agreement
  • Receipts, checks or proof of payment and delivery
  • Statement of account showing the balance
  • Demand letters sent or received
  • Text messages, chats or emails about the debt
  • Full name and address of the other party
Open the full checklist →
Related guide

Small claims: collecting money without a long trial

How small claims cases work, who can file, and what to expect.

Read more →

Demand letters

A formal demand tells the other party exactly what is owed or must be done, and by when. A demand is generally needed to place the other party in delay (Art. 1169, Civil Code), and some cases, such as the ejectment of a tenant, ordinarily cannot be filed without a prior demand (Rule 70, Sec. 2, Rules of Court). Many matters are settled at this stage, without a case. We prepare demand letters, and help clients who received one decide how to respond.

How we can help

  • Demand to pay a loan, an account or an unpaid price
  • Demand to pay rent or to vacate
  • Demand to perform or complete what was agreed (breach of contract)
  • Demand for damages, for the return of property or a deposit, or to stop an act
  • Written notice of a dishonored (bounced) check (B.P. 22)
  • Replying to a demand letter you received

How it usually proceeds

  1. Review. We go over the facts and documents to confirm what may be demanded, and from whom.
  2. Letter. The demand states the obligation, the amount or act required, and a reasonable period to comply.
  3. Sending with proof. It is delivered in a way that proves receipt, such as personal delivery with a signed receiving copy, registered mail or courier. Proof of receipt matters if a case follows.
  4. Next steps. If the demand is not met, the matter may go to the barangay or to court, depending on the case.

What to bring

  • Contract, promissory note or loan agreement
  • Receipts, checks or proof of payment and delivery
  • Statement of account showing the balance
  • Demand letters sent or received
  • Text messages, chats or emails about the debt
  • Full name and address of the other party
Open the full checklist →

Negotiations & settlements

Not every dispute needs a long court battle. A fair settlement can save time, money and relationships. We negotiate on behalf of clients and make sure any agreement is properly written and enforceable.

How we can help

  • Negotiating with the other party or their lawyer
  • Barangay conciliation (Katarungang Pambarangay)
  • Court-annexed mediation and judicial dispute resolution
  • SEnA conferences in labor matters
  • Drafting compromise agreements and settlement documents
  • Having a compromise approved by the court when a case is pending

How it usually proceeds

  1. Assessment. We look at your position and what a fair settlement could look like.
  2. Negotiation. We communicate with the other side on your behalf.
  3. Agreement. Any settlement is put in writing in clear terms.
  4. Approval. If a case is pending, the compromise may be submitted to the court for approval, which makes it enforceable like a judgment.

This page is general information about this field of practice. It is not legal advice, and the process in your case may differ.

Talk to us about your concern.

Consultations are by appointment at our Davao City office. 0917-823-0577 · office@tmlawph.com

Add the Client portal to your iPhone

  1. Tap the Share button (the square with an arrow pointing up).
  2. Scroll down and tap Add to Home Screen.
  3. Tap Add.