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vanalirak

[02] QUARANTINED
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Posts posted by vanalirak

  1. thanks bro! what about this one? can i file a case against the 2 women that my husband married after me? so in short, 3 kaming pinakasalan nya, me as the legal wife and the 2 women are aware that he's already married but still, pumayag silang magpakasal sa hubby ko?

     

     

    kainggit naman hubby mo, laging kinakasal!!!! yes, you file a case for BIGAMY.

  2. Anyone here who works for the Professional Regulatory Comssion(PRC)??? I need legal help

    Kaso: Illegal practice.

     

    Walang lisensya pero nag pra-parctice. Walang lisensya pero naniningil ng professional fee. Walang lisensya pero ayaw aminin na walang lisensya eh nag dahilan pa daw na di pwede ipakita ang lisensya sa patiente. Pls pm me. Salamat.

     

     

    Wolf is correct, the dude is liable for estafa. actually you don't have to file a case before the prc coz d nga sia professional. what u can do is to get a certification from the prc that he is not a licensed professional then you file a criminal complaint for estafa. mas matindi na yun. hope dis would help.

  3. Have a legal question din. my staff had an affair sa isang married man. Anu ang habol nya dito? She is pregnant

     

    You have to know if before they had an affair, alam ba na staff mo n married yung guy? if yes, they can both be charged for concubinage. pag hindi naman, then she can file a civil case for damages, predicated on the ground that he withheld the information that he is married to another when he entered into a relationship with your staff. pwede rin na admin case if he is a licensed professional for gross immorality and or misconduct. but i guess her problem is what to do the child to be born. sa ngayon he cannot ask for any support not unless the guy would voluntarily give support but once the child is born, your staff should the married man to acknowledge that he is the father of their child and to give support, if he refuses to do so, then your staff can file a civil case for "paternity and support".

  4. I don't know who to ask about this but i have a situation right now. My exhubby and I had signed a Child Support Contract 2 years ago stating that the education of our kids would be divided to the both of us. meaning that my son's education would be shouldered by me and he would be handling my doter's. Last year, he wasn't able to give anything for the tuition fee of our doter and I was forced to borrow money from banks to pay for everything and he hasn't payed me yet. Now, I have a strong feeling that he will do the same thing again. That I would pay for everything again. Is there anyway that I can file for any case about this? The problem is that the contract is not yet stamped or signed by any Notary Public Attorney.. Can anyone help me on this?? Thanks so much...

     

    You can file a criminal case against your husband for violating Republic Act 9262 (Anti-Violence against women and their children) for his failure to give support. this case may be filed notwithstanding the exsitence of your agreement, because, even if you are married to him or not, he is obligated to give support. this action is a criminal case, meaning pwede mo sia ipadampot at ipakulong. you can also file a civil case for support pero mas ok yung RA 9262.

  5. Tanong lang ho tungkol dito sa capital gains tax..

     

    Nakabili kasi ako ng rights sa isang subdivision and nagkasundo kami nong seller na ako na ang magtutuloy ng pagbabayad niya sa PAG-IBIG using his name. Mayron kaming Deed of Sale of Assumption of Mortgage na notarized pero di pa namin ipinapaalam sa PAG-IBIG na iba na ang may ari nong bahay at lupa. Then, dahil nga sa di ko pa tapos bayaran ang mortgage at di ko pa nakukuha ang titulo sa PAG-IBIG, di ko pa rin mabayaran ang Capital Gains kahit na mayron na kaming Deed of Sale..

     

    Ano kaya ang magiging capital gains ko niyan kung sakali. (Nagkasundo kami nong seller na ako na ang magbayad ng capital gains)

     

     

    a piece of advise: alanganin ka sa transaction mo with the seller!! Before you concern yourself with the payment of taxes, try to convince the seller to transfer the property in your name. mahirap kasi nian sa pangalan pa rin nia property, anytime, pwede nia ibenta e2. if you are not a member of pag-ibig, you can take out the loan yourself or you can apply with a bank to take out the loan for you. in that case, you can have the title registered in your name.

     

    That being said and to answer your question, the capital gains tax you have to pay with the BIR is 6% of the selling price or the fair market value and or the zonal value of the property computed from the date of your Deed of Sale with assumption of mortgage.

     

    How will you determine the applicable value: the selling price is based on the deed of sale, in your case, it will be the cash consideration plus the amount of mortgage you assumed.

     

    Fair market value is based on the tax declaration, while the zonal value is based on the value assessed or assigned by the BIR of the place where your property is located. whichever is the highest figure that will be used in computing for the capital gains tax of 6%. Aside from the capital gains tax, meron ding 1.5% na documentary stamp tax.

     

    Your problem would be, by the time that you will pay the aforementioned taxes, the BIR will already charge you with interest, surcharges and penalty (in addition to the 7.5% you have to pay) kasi overdue na yung taxes. deadline in paying for the capital gains tax is at least 1 month from the date of the sale, while for the doc stamps, 5th day of the following month. kaya habang pinapatagal mo pagbabayad, mas lumalaki taxes not unless both of you would execute a new deed of sale.

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