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A Cease and Desist Letter is a document used by a person (the "sender") to notify an individual person or a business (the "recipient") that they have committed an activity or behavior that caused some form of harm or injury to the sender. This letter also serves as a formal demand asking the recipient to stop or to "cease and desist" from doing the acts complained of to protect the rights of the sender.
In case the recipient fails to comply with the demands under this letter, the sender can file a case in a court of law whether a civil action for damages (a monetary claim) or a criminal charge (in case the act complained of amounts to a crime).
Once this letter is sent to stop the recipient from performing unwelcome or offensive activities, it can serve as documentation or proof that can be used in a court of law if a case is filed concerning the unwelcome acts committed by the recipient.
This is a general-purpose cease and desist letter and may be used to stop any kind of unwelcome or offensive activities. To stop specific kinds of offensive activities, the following letters may be used:
The following are the essential contents of this letter:
After completing the document, the letter must be printed and signed with at least two copies, a copy for the sender, and the recipient. Alternatively, the letter may be sent to the recipient via email. The sender also has the option of attaching documents or proof showing how the offensive activities were committed.
There are no specific laws outlining what must be included in a Cease and Desist Letter. However, it is important to include a detailed description of the offending behavior and a clear demand to stop the behavior otherwise legal action may be taken. The Cease and Desist Letter can also be used as evidence that the recipient was put on notice about their offending behavior so the more detailed the letter, the better.
The Civil Code specifically in the provisions of Human Relations may be relevant, as well as the provisions of the Revised Penal Code in case the recipient does not stop the offending acts.
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Cease and Desist Letter - sample template
Country: Philippines