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maxsurban77

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Posts posted by maxsurban77

  1. Doc eh wag naman sana mangailangan, pero kung may naramdaman, sang doctor pupunta. Ang hirap namang pumunta sa emergency room at magtanong, eh masakit ang titi ko paki gamot, nya ha ha.

     

    Pinapatanong ng tiyuhin ko kasi. Si Tiyo Mark.

  2. help po.

     

    im a single mom. di kami kasal nung sperm donor but he signed acknowledging na son niya anak namin sa birth cert.

    may habol daw ako for financial support. tanong ko lang how much and paano process nito?

     

    thanks :)

     

     

    tama ang advice ni panyero although it may not really be that simple later on but quite an interesting case. Father of your kid is a sperm donor? Invitro ba ang nangyari o artificial insemination? Pag ako abogado ng kalaban sabihin ko ang usapan donor lang ako bakit pati support eh sa kanya mo kukunin. Wala pang batas that deals specifically with the responsibility of a sperm donor, this will be an interesting case.

  3. sir, tanong ko lang po...

     

    I have witnesses. They've written a sworn statement na notarized in the front of my attorney. BUT my witnesses don't want an audience with the prosecutor stating that their notarized report is more than enough? Can the I request the prosecutor to subpoena them? Are they obligated to appear as per request of the Prosecutor? Because ang reason ng isa kong attorney was that "why did your witnesses bother writing a sworn statement and informing them about the legal coverage only for them to back out later on." Can my witnesses be charged? Purgery? Held in contempt? Need your input in this. Thanks.

     

    You may request the prosecutors to issue subpoena but in reality, very few of them would do so. Ang effect nyan, yung affidavits nila will be considered as attachements in support of your own. Puede na yan sa preliminary investigation. Pag sumampa ang kaso sa court, ang court talaga nag issue ng subpoena.

  4. Pag sa annullment may tinatawag na delivery of presumptive legitime, o pagbibigay ng inaasahan mana sa mga anak na maapektuhan ng pagpapawalang bisa ng kasal. Pag di ginaa yan, of course puedeng habulin.

     

    Puede mo siyempreng habulin ang father mo at kasuhan. Kung wala kang kakayahan magbayad sa abogado, maari namang sumanguni sa PAO ( Public Attorneys Office) o sa libreng legal aid ng IBP (Integrated Bar of the Philippines) o legal aid clinic ng mga law schools.

     

     

     

     

    I need badly a legal advice on our family problem. Here is the situation:

     

    (1) My parents are legally separated. Annulled po ang kasal ng aming ama't ina. Dalawa po kaming magkakapatid, at kami po ay pinalaki ng aming ina at ng kanyang kinakasama, na siya naman pong aming kinilalang ama, at meron kaming dalawang kapatid sa ina.

     

    (2) Pagkatapos po ng annullment, ang aming ama naman po ay nag-asawa at nagkaroon ng anak din po sa kanyang pangalawang asawa at may mga anak po sila.

     

    Ang tanong ko po meron po ba kami ng aking kapatid na mamanahin sa aming ama? Kasi po mayaman ang pamilya ng aming ama at pinamanahan siya po ng aming lolo't lola ng mga lupain at iba't ibang ari-arian.

     

    Ang sa akin po sana ay huwag na pong maghabol pero naaawa po ako sa aking nakakabantang kapatid dahil may kapansanan, at ang masakit po nito ay mula pong nagkahiwalay ang aming magulang ay wala po akong alam na kami'y sinuportahan ng aming ama. At hindi ko po alam kung nakasulat sa desisyon ng annulment na ang aming ama ay kailangang magbigay ng sustento.

     

    Please help me, and I need legal advice on this. At saka po pala, magkano naman po ang magagastos po namin kung sakaling pwede po kaming maghabol.

     

    Maraming salamat po.

  5. I have a question for our legal eagles out there.

     

    Can a United States court subpoena data that is stored on a Philippine server?

     

    Case in point: A company in the U.S. is providing data storage services to U.S. residents. Now the data itself is stored on a computer that is physically in the Philippines. Does a U.S. court have any jurisdiction over the data itself and if not, what would a U.S. court need to do to access the data?

     

    US company needs to get a judgment from a US Court. Ang problema jan ay ang enforcement dito sa Pinas. You need to file an independent action for "enforcement of foreign judgment" sa trial court.

     

    Ang novelty ng kaso na to ay yung nature ng "data". The computer which stores the data may be here physically, but how about getting the data electronically from the US? Pag kaya yung ganun, kung ako abogado na kano, ilalaban ko na yan. I mean its defensible.

  6. It appears that the father is uncooperative. If the principal goal is just to migrate to Australia and letter of consent is a requirement, probaly instead of submitting a letter of consent, submit an sworn-statement by your gf saying that the father has effetively abandoned the kids and therefore, letter of consent is in applicable or could not be secured.

     

    Sworn-statement must be precisely worded to attain your goals.

     

     

    If such will not suffice, then you may consider going to a lawyer. Ok naman opinion ng law student but ang layo nyan sa opinion ng practicing na lawyer. So better go to one who is licensed to practice law. O good luck.

     

     

     

     

     

     

     

    gud day sirs! i've been reading thru the pages of this thread hoping to find an answer to my problem, although i've learned so much from the various issues here, i didnt find any similar cases to what i have. heres how it goes. me, my gf and her child plan on migrating to australia. We can all be granted immigrant visas thru their student program, wherein my gf applies for a student visa and her immediate family (meaning me and her child) are also granted immigrant visas as fast as 3 weeks which all depends whether we can produce the required docs in time. requirements are medical exams, bank certs for show money purposes, offer letter from school, marriage certificate to prove that we are husband and wife and letter of consent from her illegitimate daughters father. problem is if we let the father know our intentions we definitely wont get the letter of consent we need. so what i did was i consulted a friend who's taking up law right now, and asked him to compose a moa for me regarding our situation. so he made me this moa saying that all financial, educational, health, etc.... in short everything that has anything to do with the child, my gf will shoulder and be responsible as long as the purpose is for the good of the child and until the child reaches the right age. moa also indicates that the rights of the father are not stripped away since those rights are not really possible to take away especially with just a moa. so we tried to talk to the father but unfortunately he's too thickheaded or too dumb to even hear out what we are trying to propose. right now were thinking of a way to strip away the fathers parental authority over the child. i've been reading a lot on the child welfare act and i read somewhere in there, one ground for classifying the child as neglected or abandoned is by having my gf file a petition to the dswd that the father hasnt been giving child support for more than 6 straight months. and we just heard that he just had his 2nd child from another woman last month and they are now living together and he is jobless for almost a year now but he lives with his parents. my question is if we do file a petition is it going to be that simple or do we have to endure a very long court hearing, and if we do get the moa signed arent we in danger of losing the child bec we have to get married, i read somewhere in the article that once the mother marries 1st her parental authority is stripped away. is there another way i can adopt the child without the consent of the father or if i could void his parental authority since i've been filling up his role as father to the child (like all the expenses and especially the care and love are all given not bec of my gf but bec its true that i've grown to love the child). so to make things short, what we want to happen is strip away parental authority from the moron, get married, adopt the child and take my name and fly to aussie and live happily ever after, so what am i doing here, is this all correct or is there an easier, faster way or is there a loophole in the system or i dont know........... im burnt out....... help please guys. fast facts; my gf isnt married, the child just turned 3, shes been with me since 2, last child support i could remember the father shelled out was june 22, but my gf says cakes and gifts are not considered sustento, hehehe. i know you guys will give your thoughts on this and i thank you in advance, mtc peeps are the best! :mtc:
  7. Legally, No.

     

    As long as she gives a proper turnover, that's enough.

     

    Here are some considerations: True that the labor code stipulates a 30 day notice, but your wife cannot be forced to work, notwithstanding as the latter will constitute involuntary servitude. Company will have a ground to sue for damages though if 30 days notice will not be complied. Of course, one could come up with so many defenses such as health, family situation, turn over has been made, etc. Company seldom pursue case against an employee who does not want to work for them

  8. webmaster,

     

    do you know the process of legal adoption??? what are the steps we have to take?? like where to go first DSWD or through the regional Trial Court??

     

    thanks

     

    :)

     

     

    One needs to file a petition in the Regional Trial Court of course. It will be the court who will assign a DSWD social worker to conduct a home study to determine the fitness of the prospective adopters, unless of course the petitioner is an alien who is a former filipino citizen. In the latter case, a home study conducted by an accredited agency by the Inter-Country Adoption Board of the Philippines must be attached to the petition itself, which means to say, a home study will be conducted first prior to the filing of the petition for adoption.

     

    PM me for details. Hope this helps.

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