legal Free Legal Advice

[webmaster_ph]

hello!

 

i need an answer to this.

 

thanks!

[rocco69]

1. the three of us want to change his surname to my surname. how do we go about this?

Unfortunately, unless you are adopting the child, law and jurisprudence prohibits a change of surname in this case (see Republic v. CA, G.R. No. 88202, December 14, 1998). The reason cited is that changing the surname of the child will confuse people as to who is his real father. what the law allows now is changing the surname of the child from his present surname (his mother's) to that of his father (see RA9255)

 

2. is there a need to seek the biological father's permission?

Since this is not allowed, the consent of the biological father would be irrelevant.

 

3. if i adopt my stepson, will the adoption invalidate his right to demand support from his biological father?

Unfortunately, yes. Under the Domestic Adoption Act (RA 8552), adoption terminates ALL legal relations between the child and his biological parent. This would clearly include the legal right to demand support. Note also that one of the reasons for adopting the child is that the prospective adoptive parent will now be the one to support he child, no the biological parent anymore.

It must also be pointed out that, in adopting the child, you will need the consent of the biological father to the adoption. Since you have stated that he supports the child and visits weekly, I doubt if he will agree to an adoption where he loses all rights to the child.

 

4. will it also cancel his rights as heir to the estate of his father?

As earlier stated, adoption terminates ALL legal relations between the child and his biological parent, hence his right to inherit from his father as an illegitimate child will also disappear.

 

greetings, honorable men of the law!

 

i have combed through this thread, searching for issues that resemble my problem. unfortunately, i have found none.

 

i have married a very beautiful woman who already has a son. she, in her wisdom, decided long ago against marrying the child's biological father. the biological father is now married with two children of his own.

 

my eight-year old stepson is carrying his mother's surname, per Philippine laws.

 

the three of us want to change his surname to my surname. how do we go about this? is there a need to seek the biological father's permission? he has acknowledged paternity by signing the child's birth certificate as the father, and he supports the child's education. he also visits weekly.

 

if i adopt my stepson, will the adoption invalidate his right to demand support from his biological father? will it also cancel his rights as heir to the estate of his father?

 

thank you very much for the time, and all praises for this very helpful thread.

[rocco69]

I once registered a partnership with the SEC and all that they required is that you state the capital contributions of the partners in the Articles of Partnership. They didn't require proof that the partners actually contributed the amounts stated in the Articles of Partnership.

They informed me however that it is better that capital contributions be in cash, rather than in kind, because the latter would require proof as to the value of said contributions (which I think would have to be made by an SEC-accredited valuator)

 

hello!

 

i need an answer to this.

 

thanks!

[rocco69]

I think the first step would be to determine how much the stocks are worth, so we can determine whether undertaking all the rest will be justified. baka naman ala pang limang libo ang value ng stocks ng father nyo at mas malaki pa ang magagastos nyo kesa sa makukuha nyo. someone came to me once after finding that their late father had 5,000 shares (can't quite recall the number now) in a certain educational institution. it turned out that the cost of transferring the shares as well as the number of heirs entitled to a share in the shares of stock didn't justify the same.

 

But if the benefits outweigh the cost, then go for it.

 

The by-the-book way:

1. Find out who or what bank/company is the stock transfer agent. You can look at the stock certificate itself. If that information isn't there, call up the Corporate Secretary of the company and ask who is the stock transfer agent.

2. Ask a lawyer to draw up an Extra Judicial Deed of Partition which allocates to the heirs their share in the deceased's properties, to cover the disposition of the shares of stock.

3. File this with the BIR and settle the estate taxes and penalties, if any. You will be required to publish the extrajudicial partition for three consecutive weeks and get an affidavit of publication which you will also need to submit to the BIR. Get your lawyer to help you with this.

4. Present the extrajudicial partition and the clearance from the BIR to the transfer agent and request them to transfer the stock certificates to the designated heir's names.

5, When this is done, you can now sell the stocks.

[charmed shannen]

A contract of lease was executed in December 1971 for an initial term of 20 years subject to renewal between a corporation and a city government. A mall was constructed in a portion of the land covered by the lease. A portion of the mall constituting 22 units of commercial spaces including leasehold rights were transferred to a bank by way of dacion en pago for full settelment of a loan obligation. there was a proposal for the sale of leasehold rights on the said commerical units and on September 2003, sale of leasehold rights was totally consumated and as a consequence, VAT and DST were paid and remitted to the BIR.

 

Questions:

 

1) Was the transaction subject to VAT inasmuch as the instrument executed was one of assignment of rights which did not vest title to the transferee;

 

2) Was the transaction subject to capital gains tax, creditable withholding tax, documentary stamp tax, and VAT under Section 196 of the TAX Code?

 

3) Was the transaction partook of the nature of a sale of assignment of real property?

 

4) Was the contention that the deed of assignment was not a deed of sale because what was conveyed by the assignor was not the property but the rights pertaining to such property tenable?

 

5) Was the transaction entered in to by the bank with an individual and/or corporation was subject to VAT that was subsequently passed on to the buyer or assignee?

 

6) Was the classification of the property rights and interests subject of thet sale/assignment was correctly booked as ROPOA (real and other property owned and acquired or a property)?

 

7) Is a property acquired by way fo dacion en pago to satisfy borrower's loan obligation can be classified as ordinary asset?

 

As usual, thank you very much for all the help.

 

 

just dug this post of mine... baka naman someone can help.. .thanks uli

[webmaster_ph]

I once registered a partnership with the SEC and all that they required is that you state the capital contributions of the partners in the Articles of Partnership. They didn't require proof that the partners actually contributed the amounts stated in the Articles of Partnership.

They informed me however that it is better that capital contributions be in cash, rather than in kind, because the latter would require proof as to the value of said contributions (which I think would have to be made by an SEC-accredited valuator)

 

that's great! thanks for the info bro.

 

i was quite worried that sec may require large sums of money to register the partnership. besides which, they would require proof like bank statements and the like.

[havagut]

thank you very much for the help, rocco69 :thumbsupsmiley:

 

1. the three of us want to change his surname to my surname. how do we go about this?

Unfortunately, unless you are adopting the child, law and jurisprudence prohibits a change of surname in this case (see Republic v. CA, G.R. No. 88202, December 14, 1998). The reason cited is that changing the surname of the child will confuse people as to who is his real father. what the law allows now is changing the surname of the child from his present surname (his mother's) to that of his father (see RA9255)

 

2. is there a need to seek the biological father's permission?

Since this is not allowed, the consent of the biological father would be irrelevant.

 

3. if i adopt my stepson, will the adoption invalidate his right to demand support from his biological father?

Unfortunately, yes. Under the Domestic Adoption Act (RA 8552), adoption terminates ALL legal relations between the child and his biological parent. This would clearly include the legal right to demand support. Note also that one of the reasons for adopting the child is that the prospective adoptive parent will now be the one to support he child, no the biological parent anymore.

It must also be pointed out that, in adopting the child, you will need the consent of the biological father to the adoption. Since you have stated that he supports the child and visits weekly, I doubt if he will agree to an adoption where he loses all rights to the child.

 

4. will it also cancel his rights as heir to the estate of his father?

As earlier stated, adoption terminates ALL legal relations between the child and his biological parent, hence his right to inherit from his father as an illegitimate child will also disappear.

[Pinoymale]

Mga panyero/panyera,

 

Meron na ba nag-apply or nag-renew ng notarial commission recently? How long does the procedure take and more or less how much will it cost? Thanks!

[ramsstein21]

Question.. If papakasal kau and you are within 18-21 years of age.. Kelangan pa ba na present ang parents of both sides?

[rocco69]

Maliban sa ilang sitwasyon, ang dalawang taong gustong magpakasal sa isa't-isa ay kailangang kumuha ng lisensya sa Civil Registrar (para may patunay na sila ay may kakayahang magpakasal, katulad din ng taong gustong magmaneho, kailangan mong kumuha ng driver's license bilang patunay na kwalipikado ka na magmaneho).

 

Kapag ikaw ay between 18-21, para makakuha ng marriage license, kailangan mong ipakita sa Civil Registrar na payag ang magulang mo sa pagpapakasal mo. Ito ay sa pamamagitan ng:

 

1. Pagpakita ng magulang mo sa Civil Registrar at pagbibigay sa Civil Registrar ng written consent niya, o kung di sila makakaharap ng personal sa Civil Registrar

2. Pagsusumite ng Sinumpaang Salaysay na gawa ng magulang sa harap ng dalawang testigo sa Civil Registrar

 

Kapag may pagpayag ng magulang na maibibigay sa Civil Registrar, ang taong between 18-21 years old ay makakakuha ng marriage license. Pwede na siyang magpakasal. Kung kaya't technically, pwedeng wala ang magulang sa kasalan, kasi ang kailangan, ang magulang ay present sa pag-apply ng marriage license, hindi sa kasalan mismo.

 

Question.. If papakasal kau and you are within 18-21 years of age.. Kelangan pa ba na present ang parents of both sides?

[webmaster_ph]

when registering a partnership w/ the SEC, is paid-up capital required?

 

if so, how much?

 

any other requirements?

[muchovirtuoso]

hi guys, just want some enlightment about the term "Double Compensation" and how it applies to a public servant also working in a private company full time. thanks in advance.

Edited November 8, 2007 by muchovirtuoso

[webmaster_ph]

anybody want to answer this?

[yellowjacket]

Gud AM mga repapips!

 

how can I able to protect our property and business under my fathers name to his second family?

 

I'm the one who's running the business now and my father is getting old na. Sayang ang pinaghirapan namin kung makikinabang ang iba.

 

yung kabit ng tatay ko mataray ang she's starting to make noise. Ayoko naman patulan. Just want it in a legal way.

 

Help naman mga brother!

[moichi]

The by-the-book way:

1. Find out who or what bank/company is the stock transfer agent. You can look at the stock certificate itself. If that information isn't there, call up the Corporate Secretary of the company and ask who is the stock transfer agent.

2. Ask a lawyer to draw up an Extra Judicial Deed of Partition which allocates to the heirs their share in the deceased's properties, to cover the disposition of the shares of stock.

3. File this with the BIR and settle the estate taxes and penalties, if any. You will be required to publish the extrajudicial partition for three consecutive weeks and get an affidavit of publication which you will also need to submit to the BIR. Get your lawyer to help you with this.

4. Present the extrajudicial partition and the clearance from the BIR to the transfer agent and request them to transfer the stock certificates to the designated heir's names.

5, When this is done, you can now sell the stocks.

 

 

maraming salamat po.