Philippine Bar review · Question

Practice question: Demand Letter

Multiple Choice Easy Jurisprudence

Practice question

A demand letter quotes supposed conventional loan interest despite no written interest stipulation. What drafting distinction is essential?
  1. Do not invent stipulated interest; distinguish it from any legally recoverable damages interest.
  2. Any letter creates a binding written interest agreement.
  3. Counsel may choose any conventional rate retroactively.
  4. The creditor’s oral instruction is the debtor’s written stipulation.
  5. All forms of legal interest are categorically impossible.

Legal references

  • Civil Code, Articles1244,1246,1248,1251,1956: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
  • Civil Code Article2209, interest as damages distinct from stipulated conventional interest: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360

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