TeeUp

For all intents and purposes, the credit card bills pertains to your sibling only and cannot be claimed against you or your siblings relatives. It can be claimed however against any property that your sibling may presently have or acquire in the future, e.g., does he have any land or car or bank account now, will he inherit anything from your parents, those kind of stuff. Even if the bill is not received it is already a loan incurred by your sibling (when he charged a service, or a sale) and can be enforced in a proper court collection case. Usually, unpaid credit cards once a final and executory judgment is rendered has already accumulated to the extent that a P100,000.00 credit card bill can balloon to triple that amount, after the interest, penalties and surcharges are added already. Once a collection case is instituted, the collectable amount would included legal fees. So later on he or she may be facing instead of a P100,000.00 credit card bill, it can very well be a P500,000.00 judgment award for the credit card company. Expect the credit card company to really undergo this proceeding and try to collect since this is the only way they can recoup the credit card charge either to collect the loan itself or get it as a tax-deductible entry (meaning bad loans).

 

HOWEVER, WHAT MAKES SETTLING THIS LOAN IMPORTANT FOR YOUR SIBLING WHO IS IMMIGRATING TO THE US?

 

Is the credit card company affiliated with Visa or Mastercard?

 

There is such a thing as a "credit rating" in the US. The credit rating or score determines the credit worthiness of an individual. Usually new immigrants start from "zero" considering that you are only starting out as a US resident, thus, he or she should expect high interest rates (if ever he or she would borrow). Only through time and a proper management of your credit (through ontime payments of your credit card bills, utility bills, etc.) would the score improve.

 

Presently, the local banks do not share this bad credit info but if in the future they do undertake to do it, considering that this local credit cards are affiliated with Visa and Mastercard, whatever gains in the credit rating of your sibling may be erased where there is a sharing of such an information to US banks and credit card companies.

 

That being the case, your sibling can take the risk and not pay it. But this is not advisable as (1) you can still avoid the accumulation of the amount of penalties, surcharges or interests, if you address the credit card bill now (before it reaches the courts); and (2) his or her credit rating in the US may suffer if the credit corporations in the US get wind of his or her bad credit situation here.

I tend to agree with reason #1 why your sibling should pay. Note however that the statute of limitations to enforce an obligation under a contract is 10 years. That is, the credit card company has to sue and collect within that time period. Otherwise, the claim will be forever barred. Filing a case against a non-existent defendant does not make sense unless the creditor has a strong showing that the debtor has assets it can pursue. By doing so, it stands to lose more in legal and attorney's fees.

Reason #2 is very unlikely to happen. Visa and Mastercard are not a creditors. It is an organization that facilitates use of credit through a card issued by the bank for a fee. It simply is a payment courier. That being said, Visa or Mastercard does not have any interest in helping the banks recover the debt since it has been paid at the time the transaction took place. As correctly stated above, Philippine branch of say, Citibank, does not exchange credit information with Citibank in the US. Moreover, Citibank US does not aid in collecting owing to Citibank Philippines.

I am not encouraging your sibling not to pay the credit card bills. I am just stating my opinion over the matter.

Hi all,

I'll address US Immigration, Real Estate and Bankruptcy Laws here or through PM.

just stopping by for now.....

Thanks, One more thing, thus the INS checks the status (annual income) of the company whether it can sponsor a foreigner? The employer said that he can only file my petition after six months, after i served my probationary status, am i filing it late? or the employer is just using my services and it wont petition me? do we i need to have a signed contract for my employment? sorry if i sound a paranoid but i just want to make sure and I dont want to waste my time and become a victim here in the US. They said that here there are so many manlolokos taking advantage to newcomers.  Hope you can help me with this one again, Thanks TeeUp.

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as for your employers annual income, that is indeed very important. it is essential that your employer convince the USCIS (formerly INS) that it is in fact capable of sustaining your salary as an employee.

with respect to your company's policy against petitioning a foreigner before completion of the six month probationary period, that forms part of management prerogative, which you obviously cannot question. whether or not he is just using your services, i am not in a position to speculate. you just have to abide by their rules and do your job so well to impress your employer.

on a positive note, most american employers value your hard work more than anything else. they'll keep you as long as they see you work real hard and for as long as they feel the need for your services. just hold on, unless you have better options somewhere else.

so what is the first thing do whenever i accepted the job? If he chose H1-B, Will i tell the employer to file it immediately? ive heard that H1b are release every oct. Will i catch up this years quota? I arrived here just last April 19, what is the best time to file my working visa?

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it does not matter when a new quota comes. it is served on a first-filed basis. yes, it is best to file it ASAP

Is there anyone who can help me with my immigration problems? Im here in the USA as a tourist. Then there is a employer who is willing to hire me for his company. Im a mechanical engineer and his company is more on a civil engineering company. They do civils works, surveys and draws topography maps. He is willing to train me to do civil works and drawings and he is willing to sponsor me after six months or it depends upon my performance. I was allowed to stay here for six months in the port of entry or until Oct 2005. My question is, is it possible for a company to sponsor a mechanical engineer,  even its firm is more on civil engineering works? If its possible, what am I expecting for my working visa? How long will I stay here in US to be able to be legalized. What else do i need to ask from him? Can I get my family back in there in the Philippines? Can I go home in the Phillipines to get my family? Thus the INS approved this kind of case? 

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your prospective employer has two options. it may sponsor you for a non-immigrant H1B (working) or an EB3 immigrant visa. it doesn't really matter if it is a civil engineering company and you're a mechanical engineer. what is important is that they got a need for a mechanical engineer, the US job market cannot fill it up, they have the means to pay for your wages, that you professionally qualify and that you're not otherwise disqualified (like being a national security risk).

in the case of an H1B, the employer needs to apply for a labor attestation with the Labor Department stating therein among others that he is capable and willing to pay you the same salary as the prevailing rate at the locality where he operates before he files the petition. if approved, you will be entitled to remain here in the US and work. you can also travel outside the US. although your family members will likewise be entitled to a H4 (dependents) visa, they cannot work unless they themselves get succesfully petitioned for a working or becomes eligible for an immigrant visa. some college school fees can be more expensive to non-residents. processing may take 1-3 years on the average.

insofar as EB3 is concerned, the employer needs to get a labor certification from the Labor Department showing the job qualification, and that the existing labor market cannot fill up the position. this is how they prioritize citizens and residents. this process can take about a year. then a visa petition may be filed. if the petition is approved, you and your family will each be granted immigrant visas which will allow all of you to remain, travel (for not more than 6 months) outside of the US, work and go through college without the extra tuition fees. the petition part can take between 2-5 years on the average. with the current retrogression (this means that the allocated number of visas has been used up) of EB3 visas in the Philippines, it may take even longer.

overall, the H1B visa is faster but less secured and less beneficial compared to an EB3.

IS THERE SUCH THING AS A AFFIDAVIT OF SEPARATION? A WRITTEN STATEMENT SAYING THAT BOTH PARTNERS AGREES TO BE SEPARATED EVEN WITHOUT THE PROCESS.

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such affidavit is against public policy upholding the sanctity of marriage and is therefore void.

can i be held liable if i marry someone else in the states while i have a legal marriage vow here in the philippines?

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criminal laws are described as territorial. this means that you can only be prosecuted for acts committed in a place where it is declared unlawful. in fine, if you marry another in the US despite the existing valid marriage in the Philippines, you cannot be held liable for bigamy defined under Philippine laws, the act (of marrying for the second time) having been committed in the US.

you may however be prosecuted for bigamy as defined under US laws.

guys can you help me with this, if you wed someone outside the country while you are still married here in the philippines, will you be commiting adultery here in the philippines?

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Q1- assuming that you both have legal capacity to marry (of legal age and unmarried), of opposite sexes, not ascendants or descendants to one another and the ceremony is valid in the country where it was celebrated, such marriage will be deemed valid under philippine laws.

Q2 - adultery is committed when a married woman have sexual relations with a man other than her husband and by the (single or married) man having sexual relations with her knowing her to be married.

if you were the woman in Q1, since the marriage is valid here, you may be liable for adultery.

if you were the man having sexual relations with the married woman in Q1 knowing that she is married, you may likewise be prosecuted for adultery.

if you were the man in Q1, you may commit adultery if you have sexual relations with a married woman, knowing her to be married, that is, irrespective of your own marital status. :thumbsupsmiley:

I want to join my paneros here!

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welcome to the firm, panyerong lex! :thumbsupsmiley:

Q1: Can an SMS message be used as an evidence in court?

Q2: Can the court actually require the telco to give information with regards to the owner of a mobile number?

wala lang, cant this be a breach of privacy for mobile phone owners, especially the post-paid one's?

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1. under the relatively new electronic evidence law, yes, SMS may be admitted in evidence in court.

2. the right to privacy of communication under our constitution, although of great importance, is not absolute. courts may inquire into SMS and other forms of communications when warranted or when public order or safety requires. be it known however that there are stringent rules of procedure for the courts to follow before it may order such intrusion to one's privacy and before the evidence recovered by reason of said order becomes valid. failing in which, any evidence shall be deemed "fruits of the poisonous tree" and therefore inadmissible.

Thank you very much for your immediate reply to my inquiry, it's very enlightening. Are you an active lawyer and where do you practice and your field of specialty?

 

Thanks again kompanero.

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you're welcome, otso_suabe. i was practicing in the Philippines before i moved here in the US. i'm preparing for my California bar exam this year and hope to practice immigration law in due time.

feel free to drop by anytime.

Thank you very much, when u say here in the US does it mean you are not in the Phil. Anither follow-up question. With regard to Phil. law, is he liable to falsification of public documents and what is the penalty?

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no problem, and you're right i'm not in the Philippines right now.

going by the elements of falsification of public documents, he may be held liable for the crime. finding about it will however, be a little remote unless someone takes interest over his person and reports the act. off my head, i don't think our own bureau of immigration electronically monitors the entry and exit of every citizen when they place stamps on passports at the airport. the couple of times i was in and out of the country, i didn't see BID personnel scan passports to obtain records of citizens entering and leaving the country. a lot of times they are even more concern about "pasalubong?!??!?!?" more than anything else. so i wouldn't be surprised if a new and legitimate passport without the prior markings will not catch their attention.

maraming salamat sayo tee cup,  akoy naliwanagan sayong mga paliwanag

 

Mga abogadong de kampamilya,  meron ba ritong pwede akong matulungan sa pagproceso ng papeles ng aking asawa(dual citizenship) may bayad man o wala, hehehe (sana Pro Bono)

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walang anuman, kapatid.

Thanks for your immediate reply to my question but sorry I fail to express my question properly.

The main point is the person I am referring to has been using a Phil. passport to travel and obtain visas even though his is not a filipino yet.  His naturalization paper to become a filipino has just been apprpved recently. Can this be a falsification of public document, meaning to say he is not yet a filipino but has a Phil. passport. Can the countries that he obtain visas under the guise of being a filipino go afterhim legally since obviously the passport that he is using is fake or a real one but using fake documents to get it. What if he use his new naturalization paper to obtain a real passport does it absolve him legally whether here in the phil. and/or the countries he been to.

Thank you again for your response

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you're welcome, otso_suabe.

the right to admit foreigners largely depends on the prerogative of the admitting country. each state have different rules relative to fraud committed by foreigners in obtaining visas and other travel authorizations from them.

here in the US, if found out, fraud may result in a lifetime ban on any form of visa. under US rules, the fraud committed need not have to be in a manner that it constitutes a crime. it is enough that the applicant made material misrepresentations in prior applications.

Hi TeeUp

 

If somebody has in his possession a Phil. passport for years before he got his naturalization paper. He has been travelling to places in europe, asia and america for years using the passport and was even able to obtain a US visa aside from other places that he go to that need visas. What is the legal implication. Thanks if you could enlighten me.

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otso_suabe, his pledging allegeance to another country caused him his Philippine citizenship. his naturalization need not be reported by his new country to the Philippine governement. if however, by any chance, the government learns of such naturalization, it shall revoke the passport issued to him. said revocation does not even require a court declaration of loss of citizenship.

again, retention of citizenship is not a function of issuance, renewal or use of a Philippine passport, but of a continued allegeance and loyalty to the Philippines as a state. conversely, the passport does not vest Philippine citizenship. niether does it restore one's Philippine citizenship when lost due to naturalization and pledging loyalty to another flag.

the fact that he had been issued visas from other countries using the Philippine passport does not change the fact that he had lost his Philippine citizenship. as we know, countries do not keep a registry of names of citizens of every country in the entire world, hence, just relies on the validity of a passport shown to them.

besides, a passport is more of a document of one's identity than of his citizenship.

hope this explains the issue quite a bit.

Kaunting paglilinaw lang po, hindi naman po alam ng pamahalaan natin na meron na syang US citenship at di nya sinuko ang kanyang pasaporte,  hindi ba ibig sabihin nito ay pinoy pa rin sya?

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hindi po. hindi kailangang pormal na sabihin ng ating gobyerno na hindi na siya Pilipino. ang kanyang panunumpa ng katapatatan sa ibang bansa ang nakapagpawalang bisa sa kanyang pagiging Pilipino at sa pasaporte na binigay sa kanya.

sang-ayon sa ating batas, kapag ang isang Pilipino ay naging naturalized citizen ng ibang bansa, nawawala kaagad ang kanyang pagiging Pilipino. hindi ang passport ang nagbibigay ng karapatan na magiging Pilipino ngunit ang katapatan sa bansa ng taong may dala nito.

Maraming salamat sa pagtugon mo sa aking katanungan TEE CUP, Ang asawa ko ay naturalize US citizen.  ang ibig sabihin ba nito ay nawala na ang kanyang Filipino Citizenship?  Ang lagay kasi eh magpahanggang ngayon meron pa rin syang Philippine passport, ibig bang sabihin nito ay invalido na ang kanyang pasaporte? ( ang pasaporte nya ay bagong renew lang ngayong taon, tanda ba ito na Valido pa rin ang pagiging Pinoy nya)  alin ang masusunod???  maari ba kaming magkonsulta ng p[ersonal sa isang immigration Lawyer??? pwede ka ba? o baka meron kang mairekomenda.  Maraming salamat muli sayong oras

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maraming may Philippine passport na hindi naman tunay o hindi na Pilipino (tulad ng mga Filshams sa PBA). ang pagbibigay o pagrenew ng passport ay hindi sapat upang maibalik ang Philippine citizenship ng iyong asawa na nawala nang sya ay nanumpa ng katapatan sa ibang bansa. ito ay dahil hindi obligado ang Estados Unidos na ipaalam sa ating pamahalaan na siya ay nanumpa na bilang US citizen.

hindi mo kailangang sumangguni sa isang US immigration lawyer dahil ang tinatanong dito ay ang kanyang Philippine citizenship. kung nasa US ang iyong asawa ay maari ko syang tulungan para makapag-petition dito sa Philippine consular office. kung nasa Pilipinas naman, maari syang komunsulta sa isang abogado na nakabase dyan sa Pilipinas upang maihanda ang kanyang petition.

magandang araw po sa ating mga abogadong de kampanilya, meron lamang ako nais ikonsulta, ang misis ko po ay US passport holder (american Citizen) ngunit ng nakuha nya ang US citizenship nya, hindi nya sinurender ang filipino passport nya, ibig bang sabihin ay Philippine citizen pa din sya?, or kailangan nya pa iproseso ang dual citizenship nya? nais sana nyang maging dual citizen,  magpahanggang ngayon nasa pa ang p\Philippine passport nya, kakarenew lang nya ng passport ngayong enero, valid ba ito?, Salamat po sa maagap na kasagutan

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kaibigang johndoe, ang sagot sa iyong katanunga ay depende kung paano nabigyan ng US passport ang iyong asawa. kung ito ay dahil ipinanganak siya dito sa US o di kaya ang isa sa mga magulang nya ay US citizen, sya ay US citizen by birth. at kung kasabay nito, (at least) isa sa kanyang mga magulang ay Pilipino, siya rin ay Filipino citizen. hindi mawawalang bisa ang kanyan Pinoy passport dahilan na sya ay nabigyan ng US passport. sa madaling sabi, siya ay tinatawag na dual citizen.

kapag halimbawa nakuha nya ang US passport sa pamamagitan ng naturalization, ayon sa ating batas, nawala ang kanyang pagiging Pilipino sabay ng pagsumpa nya nga katapatan sa banyagang watawat. ganunpaman, noong taong 2003 ipinasa ang Republic Act 9225 o kung tawagin ay ang Citizenship Retention and Re-Acquisition Act na nagsasabing maaring makuhang muli ang pagiging Pilipino ng asawa mo kapag siya ay nag-file ng petition for reaquisition of Filipino citizenship at siya ay manumpa ng katapatan sa ating watawat.

ang ating gobyerno ay may website para sa mga katanungan tunko dito: (http://www.gov.ph/faqs/dualcitizenship.asp)

Where do I apply for re-acquisition of Philippine Citizenship if I am in the Philippines?

A former natural-born Filipino citizen who is already in the Philippines and registered in the Bureau of Immigration shall file a petition under oath to the Commissioner of Immigration for the cancellation of the Alien Certicate of Registration (ACR) and issuance of an Identification Certificate (IC) as the case may be, under RA 9225.

A former natural-born citizen who is already in the Philippines but has not registered with the BI within 60 days from date of arrival shall file a petition under oath to the Commissioner of Immigration for the issuance of an IC under RA 9225.

Where do I apply for re-acquisition of Philippine Citizenship if I am overseas?

A former natural-born citizen who is abroad but is a BI-registered alien shall file a petition under oath to the nearest Philippine Embassy or Consulate for evaluation. Thereafter, the Embassy or Consulate shall forward the entire records to the Commissioner of Immigration for the cancellation of the ACR and issuance of an IC under RA 9225.

A former natural-born citizen who is abroad and is not a BI-registered alien shall file a petition under oath to the nearest Philippine Embassy or Consulate for the issuance of an IC under RA 9225.

What is the Oath of Allegiance?

The Oath of Allegiance is the final act that confers Philippine citizenship. It reads as follows:

"I,________________, solemnly swear that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and local orders promulgated by the duly constituted authorities of the Philippines, and I hereby declare that I recognise and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto, and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion."

sanay kahit papano ay nabigyang linaw ang iyong katanungan.

Hello everyone! Don’t know if this would be the proper forum, I apologize if it isn’t.  I am in the process of applying for a K1 visa for my fiancee. One of the documents needed for our wedding is a certificate of no marriage from the NSO. Unfortunately, she has a record of marriage in her file. It happened when she was 16, and she has had no contact with him for the last 4 years.  I wrote to an attorney on the net and was quoted P130K for a package price.  My questions are:

 

How long does the process normally take? Is this a typical price? On the High side? Any advice?

Thanks in advance!

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your question is very well placed. there are various options that your lawyer may take given the vague facts that she was just 16 when she married and that she has not seen him for the past 4years, ranging from declaration of nullity by reason of her age (if the marriage was made during the effectivity of the family code), psychological incapacity, declaration of presumptive death, etc. the price would widely vary from lawyer to lawyer and the province or city where she is a resident. you might want to consult with other lawyers then pick the one that you feel most comfortably with. each of the available options can range from 6-18 months, depending on the availablity of the court, counsels, prosecutors and parties.

off my head, i say that you don't have much choice but to endure the process and put the obstacle behind you. my best wishes.....

Just make that if you hit someone at high speeds, you are in the right and that you are driving the bigger vehicle, para walang sabit sa parak at sa insurance. As for the other party, patay kung patay! hahaha!

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OY! sino ang may RUF na porsche??!! pahiraaaaam!!! inggiiit akooooo

 

cmon guys, discussion lang naman to, i know a lot of people die in road accidents every year, but this is just a couple of chaps exchanging experiences. no one is encouraging this in the Philippines, no one. we must all drive carefully d b?...a grain of salt please...(but if you drive on the autobahn, well....)

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yearrright, bro! you think the above post is not encouraging enough?

hello again,

 

just wanted to confirm something... i just heard from my sister that the name of an illegitimate child doesn't have a middle name... is that true? if so, my son's is using the same middle name as i am using so what should i do? do i need to have it changed? what about his previous records?.. i'll be waiting for your response.. thanks 

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she's right, skibeth. but having one does not really matter. he can keep on using it without any legal repercussions. that should be the least of your worries. merry christmas to you and your fam!

I totally agree with you on this.. If you guys want to go fast and claim yourself the best.. drive in on the track.

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that would be a better place. no cross or forthcoming traffic, no crossing pedestrian and no other life placed on harms way.

i'm quite sure the author of this thread only have sharing as the motive in doing so but guys please be wary of the fact that although this is an adult site, this is not necessarily exclusive for the mature and the discerning. to those that are not, we are sending the wrong signal that it's okay to drive faster than our guardian angels could fly.

this is like starting a thread saying lets talk about our condomless adventures and brag about not having AIDS for now. konting ingat lang mga kapatid.

i wish all those who passed away, or maybe lost special people due to reckless street driving can post here and tell their story. i am sure there were far many than all of us combined.

perhaps, we can all stop encourage everyone else from bragging about their road antics.

i just want to remind everyone that many people out there would want to be in our shoes driving those expensive, high speed and luxury rides. risking losing all those, our lives and those that we endanger is not worth the "rush".

sprakinhyt,

if you wonder why our courts rule the way penyerong bokam said it would, it is because the law recognizes the inherent maternal instincts that come with bearing a child for 9 long months. no matter how "bad" the mother is in some other respects the law presumes that she still takes care of her children the best way she knows.

in fact, in some of its past rulings, the supreme court went as far as saying that the fact alone that a mother is a prostitute does not divest her of such instincts. she still is capable of taking care of her children far better than anyone else can.