GODzilla

Sir good morning. I would just like to ask if there is a law sa pinas against stalkers? My brother in law is being stalked by someone allegedly the husband of a former officemate na galit sa kanya at sinabing pinakialamanan nya daw yung asawa wherein hindi naman daw. kahit san mapunta ang bayaw ko e nasusundan sya. nakukuha ang kanyang mga contact numbers and ginugulo talaga sya. he already received threats thru cp (tinatawagan sya). is there anything he can do legally to stop the threat? papano po ba dapat i-handle ang ganitong situation? salamat ng madami po sir. I will be waiting for your response. more power to MTC and all the members

hmmm...i think the closest to the anti-stalking and harassment laws in the States here in the Phils. is RA 9262 which gives women and their children protection from harassment by way of a Protection Order. Considering that your bayaw is a male, he is obviously not qualified for the same. However, he has several options available for him:

1. he can file a criminal complaint for grave threats and/or unjust vexation if he can identify the person calling him and making such threats;

2. he can ask for a restraining order to prevent said person from going near him and enjoin him from making such threats;

i think the term "sperm donor" in this case was used loosely. probably a fomer lover she had a falling out with because names of sperm donors in cases of artificial insemination are usually confidential. It is also highly improbable that the sperm donor in such a case would acknowledge the child.

I do agree however that the mother can go after the father based on the acknowledgement he made in the birth certificate. either by filing a civil case for support or for violation of R.A. 9262 if he has been denying the child support since birth.

you sure you`re not experiencing any symptoms huh...

 

yup, the urologist is the one to consult for problems with STD`s...

 

 

:mtc:

thanks doc. well, after reading some comments in this thread, i felt that a check up is long over due because eventhough im using protection, it is not a guarantee that one can not be infected with STD, di po ba? anyway, thanks again, doc.

hello good doctors. i would just like to ask if a urologist is the "right" type of doctor to consult regarding STD's? i am not experiencing any symptoms at the moment, i just got nervous after reading this thread eh, hehehe. thanks in advance.

Anybody mga sirs???

in civil cases, the choice of venue of the case is either the place where the parties are residing or what was stipulated in your agreement if any. in other words, if there are no small claims court (SCC) in these places, then you can not file it in other places with SCC.

Also remember that if you already filed a case with the DTI, you can not file a civil case asking the same reliefs because that is considered forum-shopping.

99+

writ of mandamus

i doubt if mandamus would prosper in this case because the action sought to be enforced is doubtful to be considered as a "ministerial duty" which is what a writ of mandamus is for.

secondly, i think the courts would immediately dismiss the case for lack of jurisdiction because there exists an employer-employee relationship so this case falls under the exclusive jurisctidion of the NLRC.

...just my two cents...

although im a fan of both soprts, i have to admit that im a boxing fan first, then mma second. what i like about boxing is the ability of the fighters to rise up to the challenge and have a chance to win despite several KOs until the final bell sounds. This is exactly why i dont like mma that much, it ends fairly too quickly and there are too many flukes andd one shot wonders. but i have to agree that its very entertaining and fast paced. im glad that more and more fighters are going for ko's rather than submissions.

btw, im simply stating my opinion and i believe this is still on topic.

Tanong ko po: Ano ang pinaka magandang gawin para maiibigay ang dapat lang na sa kanya?

i thought you were asking for the best option. anyway, a demand letter, in order to be persuasive, must be signed by a lawyer. in other words, you would still secure the services of a lawyer. in filing a complaint with the NLRC, you do not have to have a lawyer because you will simply fill out a complaint form.

Also during the hearing or preparation of position papers at the NLRC, you can ask the help of thelawyers from PAO which is free, provided you are qualified.

the best thing to do is to file a complaint with the NLRC. remember in illegal dismissal cases, it is the employer who will prove that the dismissal is legal.

True! Manny is becoming very very Greedy.

 

Look around you, this traits are actually very Filipino

 

I guess thats the reason why ABS is being blamed and not manny. sad but true....

We can blame all we want ABS CBN but pacquiao's attitude is the real culprit here. He has no sense of loyalty, no word of honor and is becoming very, very greedy. its sad that many filipinos and foreigners alike look up to him and they see these traits which are very "un-filipino" to say the least.

Pacquiao is already very very rich so its not an excuse that he is just looking out for his welfare. he should have considered the fact that at the time the contract between him and SOLAR was signed, IT was the best offer made to him so he should observe the provisions of the contract. Secondly, he was quick to jump to ABS and ditch GMA eventhough the latter gambled on him and gave him several shows which ABS did not do when he was still there.

Im just saying this because im really a big pacquiao fan and i hope that he will not go the way of past boxers who were easily corrupted and/or manipulated until they ended up with nothing.

i agree with the observations of others that if money, er manny, cant follow the provisions of a simple contract, how can we expect him to observe the law and the constitution which he intends to uphold as congressman. i was really hoping that he would switch to ABS because i cant stand watching him in chn. 7, un lang kasi malinaw naming channel eh, hehehe.

Anyway, with all this negative publicity, i really do hope he will do good on May 2, para malimutan na itong mga kalokohan niya.

Ask ko lang po, i wasnt able to pay a deaprtment store credit card for almost a year because medyo natamaan tayo ng crisis. yesterday i received a summons from an rtc filed by the department store. Question, what can i do? i am willing to settle but hindi pa ngayon. do i need to answer the summons and find a lawyer? the amount in question is only 11k.

Read the complaint attached to the summons first. if the total amount claimed is only 11k, then the summons is probably bogus and is being used just to scare you. the reason i say this is because the MTC has jurisdcition over the case and not the RTC. On the other hand, if the summons is indeed legitimate, then you must file an answer immediately otherwise, you will be declared in default and judgment will be issued against you.

mga sir pahingi naman ng advice

 

may nasangla po kasi na lupa sa father ko at hindi na nabayaran sa father ko kaya naremata namin nakuha namin ang original na tutulo ng lupa kaso nga lang namatay yung father ko last year ngayon po ay gusto sana namin isangla ang lupa kaso hindi na namin makita yung kasulatan na nakuha namin yung lupa pero nasa amin na ang original land title pwede ba namin na isangla yung lupa gamit and original title lang sa banko???

you must get the registered owner to issue an SPA in your favor, authorizing you to mortgage/sell the property. mere possession alone of the original title is not enough. if they refuse, you will have to file an action for judicial foreclosure.

BOYCOTT GMA 7!

 

Anakngputa, 3 mos before his big fight against Hatton and what is Pacman doing? Sparring with Robin Padilla (for a tv show). Boxing fans express your disgust. Boycott GMA. Boycott the products being endorsed in the show.

 

SPREAD THE WORD.

I think thats too harsh. not that im a GMA defender because i hardly watch tv anymore. In the first place, the training of pacquiao for the hatton fight will start at the end of this month pa naman. secondly, the episodes are pre-taped, i think, so it will not affect the training of pacquiao. lastly, hindi naman puwede puro boksing gawin ni pacquiao in anticipation of his fight. there is such a thing as burnout or over-training in boxing.

siguro ang dapat gawin ng mga boxing fans e magnovena na lang sa baclaran simula ngayon at ipagdasal ang ating pambansang kamao :hypocritesmiley:

medyo o.t. na pero i guess having some plaster in his hands gave him a big psychological advantage. kaya nung lumaban kay mosley ay parang takot at wala ng kumpiyansa sa sarili. buti na lang nabisto agad bago ikinasa kay pacman.

anyway, medyo malayo pa laban nila pacman at hatton pero marami na ang naeexcite. im sure, weeks leading to the fight ay may drama na naman na mangyayari gaya ng biglang pag-uwi ni pacman o may makaka-away sa kampo ni hatton. parang WWE na rin, hehehe!

Kulang pa yan. Kumuha ka ng ebidensya na di pa napapawalang-bisa yung unang kasal (a certification from the Civil Registrar where the 1st marriage is registered stating na di pa ito napapawalang-bisa would be the best).

 

Mangangailangan ka rin ng ebidensya (kahit ano, basta acceptable sa korte) na buhay pa yung unang asawa. Kasi, hihingi ang korte ng ebidensya na nung panahon na nagpakasal silang dalawa ay buhay pa yung unang asawa (kasi nga naman, kung patay na, pwede na siyang magpakasal uli). Madali kasing sabihin na kasal na siya nung panahon na nagpakasal siyang muli, pero kailangan mo ring patunayan na subsisting pa yung unang kasal nung sila ay nagpakasal (kung may personal na nakakakilala dun sa unang asawa at magtetestigo na buhay pa ito, madali, pero kung di mo naman kilala si unang asawa at di mo alam kung saan mo ito mahahagilap, me problema ka).

Thank you sir. That's why its really important to consult a lawyer personally so that the advice given is based on all the facts presented.

i think if marquez delivers an impressive win against diaz and pacquiao wins against hatton AND if mayweather will not come out of retirement, then we may see another marquez vs. pacquiao fight in the offing

Need your help Sirs...

 

Nine-years ago, my cousin married his wife unaware that his wife is still married to her first husband. To make it short, their marriage is invalid.

 

Now, my cousin wants their marriage be voided. I mean with complete legal documents and stuff.

 

What are the steps needed to be done?

 

Thanks in advance and more power to MTC.

1. secure certified NSO copies of the two marriage certificates and birth certificates of the children if any;

2. hire a lawyer who will prepare the petition for declaration of nullity of marriage on the ground of bigamous marriage;

3. prepare for trial.

ask lng po mga attorneys:

 

We filed a complaint against someone to the police then to city hall. the proceedings took some time and it was finally decided by the fiscal that there is indeed a valid criminal complain thru a registered letter send to us from city hall.

 

May i know what is the next move? Will city hall be the one to file the case in court and subpoena us and the respondent? or do we need to get a lawyer to file the file case in court.

 

if the respondent is nowhere to be found coz she went into hiding, how do we go from there?

 

thanks in advance.

When you say city hall, i think you are referring to the prosecutor's office. Anyway, after the fiscal finds probable cause, they will file an information (criminal complaint) with the court having jurisdiction over the case. Afterwards, a warrant usually follows. The fiscal will be the one who will represent you but you may secure the services of a private counsel if you want. If the respondent is in hiding, you have to wait when he/she will be arrested. After the arrest, or when the court acquires jurisdiction over the accused, then you proceed to trial.

Constitution Article III Sec. 20 No person shall be imprisoned for debt or non-payment of poll tax.

even if it proceeds to litigation, she just has to promise to pay.

Sigh...if only it was that simple...

ok thanks boss when you say i dictate the terms of payment that means i can make it payable in ... lets say 5 years?

sabi ko provided its reasonable. anyway, subukan mo na rin, malay mo pumayag di ba.

I plan to buy property that is mortgaged with a bank. Which would be a better way to proceed with the sale:

 

a) agree to put up the balance of the morgtage as earnest money in a Conditional Deed of Sale. The owner works the release of title from the bank, then I pay the balance of the purchase price and consumate the sale with an Absolute Deed?

 

or

 

execute an Absolute Deed of Sale with the owner, pay him his share of the purchase price after deducting the balance of the mortgage and I pay the balance of the mortgage and work for the release from the bank and transfer the title after release from the bank?

 

Kindly advice your thoughts on the matter. Thanks in advance.

I think both are sound choices, however, if it were up to me, i would go with the second option because you are not left at the whim of the seller when he/she will work out the release of the title. Secondly, with the execution of the Absolute Deed of Sale, you are immediately cutting off any right/interest the seller may have on the property, hence, he/she can no longer go after the same should he/she change his mind. Just remember to ask for an SPA so that you could transact with the bank directly.

Hmmmm...I agree with Boss GODzilla...I agree that you have a moral and legal obligation to return it (principle of solutio indebiti, similar to unjust enrichment I think).... So I guess you have return it....but you may ask for fees for keeping the money safe? hehehehehe .... pwede ba boss GODzilla?

Hehehe, puwede yun sir, kaya lang i doubt if the money is still safely kept INTACT. Anyway his only consolation, is that he can dictate the terms of payment (in returning the money) since it was the mistake of his employer in the first place, provided it is reasonable.