MNdMud4s3x

pano po kaya ito? c mr j me property na 2.5 h.a. ang size worth 2.5illion pesos, me nag offer sa kanya bulimi for a consideration of 3m, to be used as a school site, what r his tax liabilities?

 

a.what r his liabilities on the income tax he earned?

b. can he use d income tax payment as a deduction from his gross income?

c.ano pa po kaya ang kanyang other payment options? salamat po

sorry for the very late reply. sana makatulong pa rin.

a. he has a final income tax liability of 6% of the contract price.

b. he cannot claim decuctions because it is the buyer who can invoke exemption, not the seller. remember that the one to use the lot exclusively for educational purposes is the buyer and not the seller, so the seller is to pay the tax in full.

c. no other payment options but to settle the final income tax.

Delikado ka nga under RA 8484 dahil baka puede ka in violation of Prohibited Acts Sec. 9 Par. j) obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter"

 

Sec. 3 Definition of terms (a) Access Device – means any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, equipment, or instrumental identifier, or other means of account access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds (other than a transfer originated solely by paper instrument);

 

Under Sec. 14: A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card, without informing the credit card company of the place where he could actually be found, if at the time of such abandonment or surreptitious leaving, the outstanding and unpaid balance is past due for at least ninety (90) days and is more than Ten thousand pesos (P10,000.00), shall be prima facie presumed to have used his credit card with intent to defraud.

 

Penalty Under Sec. 10: (a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, whichever is greater and imprisonment for not less than six (6) years and not more than ten (10) years, in the case of an offense under Section 9 (-(e), and (g)-(p) which does not occur after a conviction for another offense under Section 9"

 

actually madali lang lusutan yang 8484, by way of defense, just allege that you neither abandon nor surreptitiously leave the place stated in your credit card application. besides, assuming that a case is filed and a warrant is issued againts you, without a copy of the warrant to be implemented, NBI cannot just arrest you. i agree with jopoc, go to the NBI and get clearance. Mas maganda nga ngayon kasi nagkakagulo records nila and you can get the clearance without having you cases recorded. that is if NBI's problem with their IT is not yet resolved.

tanong po mga lawyers

anu dapat gawin pag nagkamali ang entry sa birthc ertificate, male nalagay, female naman siya. anu po dapat gawin don.

Mga Atty.

 

Hello

 

 

 

Advise lang po sana inquiry. pano po ba ang hatian ng mana. My father is having a problem with his mana. Kasi his father left them when he was young. Nag karoon ng ibang pamilya. Noong late 80's mahina na ang lola ko nakiusap ang lolo ko na kung pwede sila tumira sa lupa nila. ngayon wala na ang lola ko. bago mamatay ang lolo ko nagtalotalo sa lupa kasi parang ayaw bigyan ng mana ang father ko ng lolo ko. The land was awaded by CARP kasi sila ang care taker sa lupa since his birth.

 

Gusto ko po sana malaman papano ang hatian ng mana since my father is the legitimate child tama po ba na hatiin sa 3? single son po ang father ko hindi po ba lugi ang father ko doon kasi sila ang tenant doon kaya sa kanila inaward ng DAR ang lupa at kelan lang sila dumating. Tama po bang pantay pantay na hatian doon? 6 hectres po ang pinag uusapan.

 

 

Hoping to find a clear explanation from our lawyers!!!! Thanks....

your father has to have half of the land. as i undertand, may 2 pang kahati ang erpat mo, who i presume are illegitimate children... based on the statement of facts, ryt? if that is the case, your father and the two other heirs are entitled to inherit the whole estate with your father having half of the whole parcel being the only legitimate child and the two others, with 1.5 hectares each.

Sirs,

 

Good point! And I agree

 

A few questions...What would be my prayer for the petition for nullity or annullment? Should I still implead the Civil Registrar of the locality where I was married or the NSO? Should I still pray that a decree of annullment or nullity be recorded with the NSO and the Civil Registrar?...

 

Thanks.

The prayer would be to have the marriage anulled or nullified, as the case maybe, depending on the grounds availing.

There is no need to implead the CR or NSO, bakit naman? if either body would be impleaded, then this would be a different case altogether, not anulment or declaration of nullity, di ba?

Of course, if the marriage is anulled or nullified, then the CR should be given a copy so as to rectify the records. For all we know, notwithstanding the absence of the contract, the respective status of the spouses have already been changed from single to married already.

Sir,

 

I apologize.

 

I still believe, however, that a negative certification from the NSO and the Civil Registrar were the purported marriage was celebrated is more than sufficient to establish that no marriage ever occurred. I suggest, however, that before the person file any case for annulment he/she check first with the NSO or the Civil Registrar if their marriage was recorded. Otherwise, as I stated, there is nothing to annul and the petition dismissible.

 

Cheers.

i would have to agree on Godzilla on this bros.

Confusion lies on the "fact of marriage" and "proof of marriage". while there is no other harder proof of the "fact of marriage" than the marriage contract itself, the same can be proved by other evidence such as witnesses, ie. solemnizing officer and the witnesses, the entries in the birth certificate of the child the spouses begot, if any, ect., the fact remains that marriage occurred between the parties. thus, remarriage would, notwithstanding the absence of the marriage contract, necessitate annulment or declaration of nullity, as the case maybe.

On the other hand, if no one questions the remarriage of either spouse, well and good. the thing is this is a very risky thing to do, considering the implications.

nugatory

irritating

ok lang sana e.. kaso ako namn ang kawawa..kelangan na kelangan na kelangan ko tlga ng pera sobra sobra.. nde ko na nga alam san ako kukuha ng pera e.. dahil tlgang lubog na lubog na ako.. syempre pag lubog ka every penny counts di ba?? kawawa ako not only financially but also morally.. tinulungan mo na nga nde pa marunong tumanaw ng utang na loob.. parang ako pa ang may utang sa kanya.. un ang nakakaloko dun sobra e..

ur predicament is well taken. syemps, pera mo yan. but the thing is, legally u have a recourse, practically, di recommended. ull need legal assistance on that which could entail bigger amounts... so not worth lang.

MATLOO: it seems u have to bear with the corporate delays on that.

hi mga ATTY dito sa MTC.. i have a problem kasi.. is it possible na mahabol ko ang taong may utang sa kin though wla kaming document?? maliit lang namn sya kaso syempre kelangan ko pa man din ung pera.. taga MTC pa namn sya.. it was last august lang.. kelangan daw nya ng pera pang tuition ng anak nya.. kahit na gipit ako i was nice enough to her money bank to bank.. sabi nya bayaran nya din ako after a week.. after a week nag txt nde daw ako mabbayaran.. kahit kelangan ko ng pera sabi ko cge ok lang kahit gipit na gipit ako.. sabi nya next month daw. den come payday next month nde na nya nirereply mga calls n txt ko.. ayun na nde na tlga nagparamdam.. tinaguan na ako.. ngyn ako namn sobrang problemado sa cash.. nagmagandang loob na ako sa kapwa ko ako pa ang naging masama..

kung maliit lang na halaga, ipagpasadyos mo na lang yan, di worth para sa abala at gastos.

gargantuan

curious lang...

 

can i shoot someone who is trespassing? shoot first, then ask questions later. what if i saw a stranger sneaking around outside our house but inside our gated property? or even worse, what if he were inside our house? would it make a difference?

pwede, its just a matter of producing evidence to make it seem that you were protecting ur family from bodily harm. pagkatpos mo barilin, bigyan mo ng black eye ang katulong mo para palabasing "self help" lang ang ginawa mo

equinox

kung di pa rin sila mag-aattend sa baranggay, dapat ay bigyan ka na ng baranggay ng Certification to File Action dahil [pang-apat na beses na di sila uma-attend.

 

Pag nakuha mo na yung certification to file action, at kung di naman lalampas ng P100,00 ang hinahabol mo, pwede ka nang pumunta sa Municipal/Metropolitan Trial Court. Me bago ngayong sistema (Small Claims Cases) kung saan magfi-fill-up ka lang ng form, tapos walang abugado na humaharap, kayo lang ng nirereklamo mo, mas mabilis at madali, di ka pa magagastusan ng malaki (kung di lalampas ng P100T ang claim mo!). Ihanda mo lang ang mga ebidensya at testigo mo tungkol dun sa reklamo mo.

amen!

abogadong kawani ng gobyerno

The president of our homeowner's association is insisting on hiring as a security guard a person who has numerous complaints against him in the barangay hall for various reasons like vandalism, destruction of property, and theft. The president is insisting on hiring the person despite oppositions from residents.

 

Where can we file a complaint to stop the president from hiring the person? I don't think the association is registered with the SEC but I'm told it is recognized by the village association.

i think u should go to HLURB

I think there is no misrepresentation in non-payment of phone bills which works like a credit line, unlike in staying in a hotel or eating in a restaurant wherein you are required to check-in or order food, hence you know beforehand that you're going to pay an amount certain for what you consummed before consumming it, thereby commiting misrepresentation in checking-in or ordering food knowing all the while you cannot pay.

In general, the elements of estafa are: (1) that the accused defrauded another (a) by abuse of confidence or ( by means of deceit; and (2) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.

When applying for a phone line, as well as credit line, the applicant vouches for his ability to pay and his intention to religiously do so. As such, the company will rely on this representation and grants the application. The grantee's contumacious refusal to pay with no apparent reason would result in defrauding the company. Thus, the first element of estafa would be present. By not paying, damage capable pecuniary estimation would also arise, completing the elements of estafa. If you would notice some demand letters of collection companies or lawfirms-kuno, they threaten the dafualting subscribers with a collection of sum of money as well as estafa, which actually have bases.

Of course, this is just for argument's sake, as companies are inclined to file collection suits rather than criminal actions. Also, this is a matter evidence. The fact that the accused defrauded another should be clearly established, which would rather be very ardous. Notably, the companies are even at a quandary in filing civil cases, as the collection would involve only minimal amounts considering the expenses of the suit.

kaya ignore the demand letters.

Yes. Adultery is a criminal offense under the Revised Penal Code as mentioned by lomex.

 

 

 

Walang nakukulong sa unpaid cellphone bills. Our Constitution provides:

 

Article III, Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

 

But if you issued a check for your unpaid bills and the check bounces, you may be imprisoned for violation of the Bouncing Checks Law.

 

The civil action for collection is distinct from the criminal case for violation of the Bouncing Checks Law. You will still be held liable for the payment of your unpaid bills.

i think a criminal action may be still availing if the charge of estafa would be filed under the RPC as distinguished from the bouncing checks law. although unpaid bills may take form of arrears only and the provision under the constitution is well taken, the elements of estafa would also be present should the debtor continuously refuse to pay. not paying phone bills may be likened to staying in a hotel or eating in a restaurant and not paying afterwards. acts which are embraced by estafa under RPC.

reiterate my question sana my sumagot...

 

My nakulong na ba sa UNPAID BILLS??? I mean sa Celphone bills halimbawa???

 

Kapag tipong nagpadala na ng LETTER ung sa Collection Agency, totoo ba ung sinsabi nila dun o panakot lang tlga?!!?!?

pwede, estafa. but in reality, the companies, if the arrears are minimal, hindi na rin nila pinupursue and kaso. nga lang, puputaktihin ka naman ng mga collection agencies.

hi SIr...

 

With regards sa Lupang nkuha nmin kaso hndi na namin kayang i-continue yung bayarin...actually 100k plang yung naihulog namin kung baga yun yung downpayment...then hindi pa kmi nakakapaghulog ulet....may chance pba kmi na ma-refund yun?

 

wait ko nlang ulet yung reply nyo...

 

Advance thanks for your help...........

look at the contract. if the contract provides for a refund, then the provisions of the contract would prevail. but if none, mukhang walang posibility to refund. the controlling law is the maceda law... sale of real property on installment. under the law there must be a certain proportion of the payable price to allow refund sa buyer. since in your case you were able to pay the dp only, im soprry to say no refund is availing. anyways you can recheck the provisions of the maceda law to be sure.

My mom received a registered mail yesterday from the homeowners association of a certain village. We were shocked when the letter states that my mom owes them 100k+ for the association dues. That includes 60k+ penalty that was imposed, since the letter states that she did not pay the dues since 1980.

 

My mom said that she will pay the association dues right away but for the penalty, she wanted they must waive it for the following reason:

 

She does not go to that place for a long time already so she wasen't aware of the rules the association makes. Since she is a member, she should be sent mails about new or changes made about the policies of the association. First of all she must be notified upon the first year when she did'nt pay the dues. She was not notified or mailed about the fees since 1980. They only informed her now when the dues had piled up. Thats why the penalty is more than the association dues.

 

To all lawyers here or people who have encountered this, what advise can you make regarding this dilemma? Thank you in advance.

better talk to the officers of the association. follow your agrument "First of all she must be notified upon the first year when she did'nt pay the dues. She was not notified or mailed about the fees since 1980. They only informed her now when the dues had piled up. Thats why the penalty is more than the association dues". hindi dapat ganito ang nangyari if she has been notified.

As a rule, a party cannot be considered in default when there is no demand or notification. Corollary, notwithstanding the demand, surcharges shall not automatically accrue without a stipulation in the contract, by-laws, issuance, etc of the association. Moreover, the law provides that the provision in the contract should explicitly state that surcharges shall acrrue in case of default even without prior notification.

Yan ang mga precepts na pwede nyong gamitin to deny liability for the surcharges.

I suggest that you get a copy of the by laws or issuances of the association. look for provisions regarding the accrual of surcharges in case of default in the payment of asso dues. dapat explicit it at kung anung rate ang surcharges. kung wala nun, you can always deny payment of the surcharges. Anyways, the association will most likely agree on settling the issue, kung dues din lang naman ang usapin.

maraming2 salamat dorb (brod) i notice magkasunod pasok natin dito mtc oldtimers ba ga, pahabol na question e kung gusto ko lang mag scandal ng konti? i would just like to make some noise na hinabla ko yung ahente especially sa company nya, dami din kasi asar sa kanya dun masyadong yumabang dahil nga naabot nya madali target sales nya, gagastos ako yes and mag mumukha ako doble talo pero lam mo na gusto ko lang mapahiya sya. so maybe sasagot mo "its up to me" heheh. last parting word of wisdom from you dorb? thanks

write the CEO or team manager nya or whoever has charge over the agent. just so to inform him how he got the quota hes bragging about. make the company realize that their agents have bad marketing practices, they deviate from the corporate policies, etc.,. point out that this will make them lose clients, etc., if this continues. name the agent. demand that proper action fro the management for a continued transaction with your company. :thumbsupsmiley:

mga atty ka mtc uso ba sa atin dito sa pinas ang kaso misrepresentation? bale dealer ako ng isa sikat na product tapos para lang makuha ng ahente mga commision nya he told us nasa top three kami sa awardee, so kami naman kuha kahit madami pa stock tsk. another thing mga tao ko lang ang witnesses paro lahat willing to testify against him. ano parusa sa ganito? thanks in advance

as a rule, there is no cause of action for misrepresentation per se, unless otherwise, provided by law or the contract.

sa tingin ko sa kaso mo pre, la naman contract existing between you and the agent. given the facts, it appears that you relied solely on his MISREPRESENTATION which caused loss on your part. kung baga, nag sales talk lang siya sayo tapos naniwala ka naman. that is allowed.

the bitter fact is, you incurred losses and pano mo mahahabol to? from the given facts, wala ka magagawa dun. there was injury on your part but there is no damage which could be a reason for you to go after the agent:damnum absque injuria.

i would suggest that you continue marketing the surplus products you ordered para di ka na lang malugi. :cry:

mga atty ka mtc uso ba sa atin dito sa pinas ang kaso misrepresentation? bale dealer ako ng isa sikat na product tapos para lang makuha ng ahente mga commision nya he told us nasa top three kami sa awardee, so kami naman kuha kahit madami pa stock tsk. another thing mga tao ko lang ang witnesses paro lahat willing to testify against him. ano parusa sa ganito? thanks in advance

as a rule, there is no cause of action for misrepresentation per se, unless otherwise, provided by law or the contract.

sa tingin ko sa kaso mo pre, la naman contract existing between you and the agent. given the facts, it appears that you relied solely on his MISREPRESENTATION which caused loss on your part. eto yung problema mo. technically, there is no juridical realtionship between you and the agent. kung baga, nag sales talk lang siya sayo tapos naniwala ka naman. that is allowed.

the bigger question is, you incurred losses and pano mo mahahabol to? from the given facts, wala ka magagawa dun. there was injury on your part but there is no damage which could be a reason for you to go after the agent:damnum absque injuria.

i would suggest that you continue marketing the surplus products you ordered para di ka na lang malugi.

That would be purely civil in character, which means...walang kulong. Sa criminal cases lang may kulong.

The obligor has the option to run after you for collection of the unpaid balance, or to charge you for breach of contract. In any case, he will ask for an award of damages and possible nullification of the contract ( if the complaint is for breach of contract).

amen.