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#12361 M Corleone

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Posted 02 July 2020 - 11:52 PM

Can a concerned citizen file a report regarding VWAC or dapat yung involved person mismo?

 

Yes it is allowed. It would be absurd if only the wife/GF can file if they are victims of violence 

 

While concerned citizens are allowed to file a case for VAWC against a male perpetrator, the law provides for qualifications, to wit:

 

"(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed."

 

This can be found under Section 9(h) or RA 9262 or the VAWC Law.

 

Personal knowledge of the acts of violence committed against a woman is the most crucial qualification here.

 

Best of luck!



#12362 M Corleone

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Posted 03 July 2020 - 04:43 PM

Hi our Legal Lawyers :)

 

I just want to consult on something.

 

A friend died leaving a husband and 2 kids aged 18 and 15. they still have a house and lot and the Dad wants to Pawn or Sell the house. Do the kids have any say on this matter?

 

The house is still named to my dead friend and hasnt been transferred to his Husband nor the kids.

 

My concern is the Dad doesnt have a job/ hasn't had a job for decades, a senior citizen now and is really bad with money. If they pawn or sell the property now the kids will be left homeless and penniless.

 

Do the kids have any legal right to the property even though they are just teenagers?

 

Thanks so much to those who can answer.

 

Yes, the kids have legal rights over the property since they are compulsory heirs, as well as their dad.

 

 

Now, on the basis of your narration, it would be safe to assume that the deceased (wife) left no last will and testament, which makes succession intestate. Because of this, the kids are entitled to 50% of the total value of the hereditary estate (total value of all the properties -- real and personal -- of the deceased) and the surviving husband shall be entitled to a portion which is equal to a share of one legitimate child.

 

But since the matter of concern is the house and lot left by the deceased, it would be necessary for them to execute an Extrajudicial Settlement to partition the estate of the deceased and for them to be able to transfer the house and lot in the name of the kids -- should the dad agree. Payment of taxes will come next.

 

In the event the dad insists on pawning or selling the house and lot, they should still execute the said settlement for purposes of transferring the title to the buyer (or to the dad in case the property is to be pawned). Thereafter, the children and the dad should be entitled to their share of the proceeds ("napagbentahan / napagsanglaan"). Hindi ko na ididiscuss yung sharing, but to illustrate:

 

Proceeds: PhP1,000,000.00

 

The partition would be in the following order:

 

Children = PhP500,000.00

 

   > Child 1 = PhP250,000.00;

   > Child 2 = PhP250,000.00

 

*Free Portion = PhP500,000.00 (eto yung pambayad sa mga naiwang utang, kung meron)

 

Assuming walang naiwang utang, then:

 

Dad = PhP250,000.00

 

Remaining Free Portion: PhP250,000.00 (eto na ngayon yung pwede pa nilang paghati-hatiang mag-aama or pwedeng ipamahagi sa mga kaibigan, kamag-anak o i-donate sa mga charities)

 

Please do note however that the foregoing illustration will only apply if the deceased is survived by two (2) legitimate children together with the surviving spouse. Mag-iiba na kasi ang sharing ng surviving spouse kung isa lang yung naiwang legitimate child. Nevertheless, the surviving legitimate children shall always be entitled to half (50%) of the hereditary estate of the deceased while illegitimate children shall be entitled to 1/2 of a legitimate child's share.

 

Sana nakatulong ito. 



#12363 ctc

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Posted 03 July 2020 - 11:10 PM

Considering the amount owed to you (PhP40k), a lawyer wouldn't be necessary. As a matter of fact, lawyers are prohibited from appearing in Small Claims proceedings.
 
Preparation of the complaint for Small Claims is not that difficult since there is a downloadable form in the internet (or you can ask some lawyer friends for it, if you have a few) and you will just be filling up certain information.
 
The only challenge here is you need to provide pieces of evidence to prove the obligation owed to you (i.e., contract/s, IOUs, Promissory Notes, etc.) which, take note, should all be in the original. No photocopies will be admitted as evidence per the rules on Small Claims.
 
Alternatively, you can proceed to your city's Hall of Justice and ask for the Small Claims section where they could give you a complaint form to fill up.
 
Be reminded also that filing a Small Claims would require the payment of filing fees, except those who shall be litigating as indigents (those who are unemployed and has no source of income and those who are below the poverty threshold) or as we call it, "pauper litigants".
 
Good luck!

  

1. You do not need a lawyer. You will just need to fill up a form and submit it. 
 
2. Regular rules on venue applies. You can file it either on the city where you live OR in the city where he lives. Since you are the one filing, the choice is yours.

  

after the period stated in the demand letter expires, you can now file a complaint for collection of sum of money with the small claims court.



Thank you all for your replies.

#12364 rocco69

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Posted 04 July 2020 - 09:39 PM

 

Yes, the kids have legal rights over the property since they are compulsory heirs, as well as their dad.

 

 

Now, on the basis of your narration, it would be safe to assume that the deceased (wife) left no last will and testament, which makes succession intestate. Because of this, the kids are entitled to 50% of the total value of the hereditary estate (total value of all the properties -- real and personal -- of the deceased) and the surviving husband shall be entitled to a portion which is equal to a share of one legitimate child.

 

But since the matter of concern is the house and lot left by the deceased, it would be necessary for them to execute an Extrajudicial Settlement to partition the estate of the deceased and for them to be able to transfer the house and lot in the name of the kids -- should the dad agree. Payment of taxes will come next.

 

In the event the dad insists on pawning or selling the house and lot, they should still execute the said settlement for purposes of transferring the title to the buyer (or to the dad in case the property is to be pawned). Thereafter, the children and the dad should be entitled to their share of the proceeds ("napagbentahan / napagsanglaan"). Hindi ko na ididiscuss yung sharing, but to illustrate:

 

Proceeds: PhP1,000,000.00

 

The partition would be in the following order:

 

Children = PhP500,000.00

 

   > Child 1 = PhP250,000.00;

   > Child 2 = PhP250,000.00

 

*Free Portion = PhP500,000.00 (eto yung pambayad sa mga naiwang utang, kung meron)

 

Assuming walang naiwang utang, then:

 

Dad = PhP250,000.00

 

Remaining Free Portion: PhP250,000.00 (eto na ngayon yung pwede pa nilang paghati-hatiang mag-aama or pwedeng ipamahagi sa mga kaibigan, kamag-anak o i-donate sa mga charities)

 

Please do note however that the foregoing illustration will only apply if the deceased is survived by two (2) legitimate children together with the surviving spouse. Mag-iiba na kasi ang sharing ng surviving spouse kung isa lang yung naiwang legitimate child. Nevertheless, the surviving legitimate children shall always be entitled to half (50%) of the hereditary estate of the deceased while illegitimate children shall be entitled to 1/2 of a legitimate child's share.

 

Sana nakatulong ito. 

Also keep in mind Art. 103/130 of the Family Code, no settlement of the estate of the deceased, the surviving spouse cannot dispose/encumber the property. Any such disposition/encumbrance would be void.


Edited by rocco69, 04 July 2020 - 09:40 PM.


#12365 MassiveTotal

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Posted 05 July 2020 - 10:22 PM

Ano usual rate ng lawyer pagdating sa discovery pa lang kung meron case? May lawyer ako ininquire, quote sakin is 150k for discovery, and another 150k to file.






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