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TeeUp

[04] MEMBER II
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Posts posted by TeeUp

  1. lakay,

     

    sino bang may pakana ng mga 'monikers' na nakalagay under our nicks? i take offense whenver a fellow lawyer is unfairly labeled a 'chaser' even if a different meaning was intended. would you mind asking some of the mods to change it? ir just doesnt look right.

  2. dear counsels, I need a little help. I need to make an SPA like document. could someone send me a format for it? please e-mail me the format at neriv@ngha.med.sa, many thanks!

    pareng vic,

     

    i'll try to send you one

  3. paneros y paneras,

     

    bago pa man ito dumating sa Korte Suprema, i'd like to know your thoughts on Pimentel and Rodriguez' assertion to the effect that the current bicameral canvassing committee, breathing life from the 12th congress that is no longer in session, is likewise under the constitution deemed inexistent and therefore the actions it shall undetake may be deemed ultra vires.

     

    is this perhaps an inadequacy in the provisions of our charter? what do you think?

  4. Panerong Teeup, may bago nang batas sa rape and it amended Art. 335 na. Nasa crime against persons (Title 8) na sya hindi na against chastity (Title 11). Kaya it is already considered as a public crime. In effect Art. 266-A na sya ng RPC.

    you're absolutely right lakay,

     

    i was looking at this case over the net and my eyes were set on the age of the offended party when i quoted it.

     

    good point!

  5. what's the age for statutory rape?

    what if nilasing at tinali ako ng 14 year old girl bago ako pinakinabangan?

    sino ang may sala?

    pwede ko ba shang kasuhan?

    Statutory rape as defined in Art. 335, Par. [3], of the Revised Penal Code is committed by having carnal knowledge of a woman under twelve [12] years of age - hindi po 14

     

    also, an offense under our revised penal code can be committed only either by dolo (criminal intent) or culpa (criminal negligence).

     

    based on your hypothetical question, the intent to commit a crime and/or negligence is apparently wanting kaya kahit under 12 pa yung "lumapastangan" sa 'yong puri ay hindi ka pwedeng kasuhan ng statutory rape.

     

    on the other hand, sya tong pwedeng makasuhan ng acts of lasciviousness.

  6. panero may kilala ka ba na lawyer based in California? One who is allowed to practice there is preferable.

    i know a couple... i'm not just very sure if they're practicing probate and succession. i'll try to ask around.

  7. Thanks companero! Im glad to be a member of this noble profession. San ka nga pala based panero? you said you are no longer practicing here?

    you're most welcome.

     

    nasa las vegas ako ngayon.

  8. With respect to the demand letter, if for any reason the same can not be served by personal service, Anne can mail the same by registered mail to Danita's last known address. The demand letter is of no moment when filing a criminal case. The same is needed only in civil cases for collection of sum of money.

    very well explained, companerong lakay!

     

    wyldswans, clarify ko lang ng konti, dalawang kasong criminal at isang kasong sibil ang pwede isampa laban kay danita base dun sa sitwasyon na iyong ikinwento.

     

    as mentioned by lakay, she can be sued for Estafa (on the basis of the fraud that she committed by making misrepresentations leading anne to believe that danita will in fact pay her obligation thereby prompting anne to extend the loan) and/or Violation of the Anti-Bouncing Checks Law (for issuing a worthless check). One or both cases may be filed.

     

    The civil case is for the collection of the sum owing to anne by danita.

     

    As for the issue of the demand, it is a prerequisite for the civil case to prosper. I would say however that also in the BP 22 case, there is a need for the prosecution to prove notice of dishonor.

     

    In one case, the Supreme Court ruled that since a criminal case should be proven beyond reasonable doubt, every element of the offense should be proven with the same degree of certainty. In BP 22 notice of dishonor is an essential element, hence, should be proven accordingly. In said case, the SC rejected the proof offered by the prosecution that notice was made through registered mail by showing a copy of the registry receipt. the SC said it is merely proof of sending and not proof of receipt and notice to the accused. This ruling made prosecution in BP 22 cases even more difficult.

     

    When I was still practicing dyan sa atin, what i used to to was present the registry receipt, as well as a certification from the postal office having jurisdiction of the place of the addressee stating that the demand/notice of dishonor was received by the accused or by another person of reasonable age and discretion, residing the the same house of the accused or by an employee/officer responsible to receive mails intended for the accused in the case of a business place or office (di pwede ang security guard).

  9. Hi, anyone knows about sure u.s visa? i mean no appearance.. Have you try it na? thanks for advise

    as far as i know, all (resident and non-resident) US visa applicants are required to appear before the consular office prior to the granting of the same.

     

    only in limited instances like certain kinds of renewal where so the called "drop box" applications may be made.

     

    insofar as certainty of being granted a visa, there is no such thing as it would be in contradiction with a state's sovereignty. admittedly though, some visa categories are easily and quickly approved than others. example, empoyment based (EB3) immigrant visa petitions for nurses are usually approved within 60-90 days from submission of a complete application while family based immigrant petitions other than spouse of a citizen may take years.

     

    the USCIS (formerly INS) which determines the approval/denial of visa applications, the consul who determines the identity of the applicant and authenticity of his supporting documents, as well as the immigration official at US port of entry has full discretion (subject to review by the courts) to allow or deny entry into US soil.

     

    in other words, even if you have and approved visa application and a visa was already handed to you by the consul, still you may not be granted entry by the immigration official upon arrival. hence, you will hear cases na pina-uwi sa Pilipinas pagdating pa lang sa airport. also, even if you have entered the US on a valid and current visa, you may still be deported for cause.

     

    while a lot of visa applications involving us Filipinos have been turned down, yet still a good number have been approved. so you can always take your chance.

     

    rule of thumb though,,,, be honest!

  10. Mga Sirs,

     

    I would be placing an advertisement in the newspaper, the section where you see notice to the public (with picture), I will place someone who has an ongoing criminal case "Estafa' (2 cases in Makati Courts), I was told that I should be the one who will put the text or information regarding that person, I need assistance/help in constructing words or text for the ads. It goes like this, notice to the public "this is to inform you that this person has a pending criminal case in the court of Makati", mga Sir patulong naman kasi medyo bitin ang description ko at meron bang legal implication ito. Salamat sana po matulungan nyo ako.

    the primary question that need to be answered perhaps is your intentions in putting the ad. is it to malign his reputation or to get him apprehended (if at large).

     

    it is against the law to do the first. however if you need assistance in getting the person arrested then anything to this effect will do: this is to inform the public that mr. >>>> whose picture is shown above has two pending criminal cases against him (CC Nos.### and ####) pending before the RTC of >>>>> and is currently at large. any information that may lead to his arrest will be treated with utmost confidentiality and shall be rewarded accordingly. you may contact Mr. xxxx at telephone nos. ####.

     

    be prepared to receive many prank calls though.

  11. If you ask me Thony, the thought that the legal profession is probably the only one where one gets paid for "screwing" others should be enough to get you back on track!!

     

    Seriously, heed Companero Freelickers advice. Relax a bit then hit the books. Repeat as necessary.

     

    Cheers!

    tama yan, thony. while i was preparing for the bar exams i started to learn photography on the side. when i sense some burning out, i go to my uncle, who despite working with the supreme court, would never discuss anything about law but all photography - he got me into it.

     

    it worked well with me, then soon enough i get back to my feet and pursue my review. ganun lang talaga yun. just don't let the pressure fill you up to the neck. release mo paunti-unti. you'll be fine, just like most of us who came ahead of you.

     

    i hope your optimism will be rewarded!

  12. its a toshiba pcx5000 cable modem with wireless router.

     

    thanks, bro...

     

    :)

     

    QUOTE (patriart @ Mar 29 2004, 04:58 AM)

    kindly give me the brand and model of your router. ill try to give you a link. 

     

     

    its a toshiba pcx5000 cable modem with wireless router.

     

    thanks, bro...

     

    :)

  13. set all your clients to static ip and change the range of your dhcp clients upto the numbers of computers you have.

    i know a little bit on going around my PC but this one is completely new to me.

     

    can anyone please explain how to do this?

  14. :unsure: :( what kind of legal problem cause i have problem with some

    employee can you help me PM me naman

    some of your problem might just be akin to other people's situation....

     

    if you can express it without having to name anyone, you might want to post your legal concern here for others (laypersons and lawyers alike) to learn as well....

     

    ;)

  15. i am using a toshiba px500 cable modem and wireless router (that allows quite a number of wireless connections) for my laptop alone. how do i ensure that i am not sharing my internet with other wireless computers that gets within range and thereby diminishing my connection speed?

     

    this concerned me because i got to connect to some of existing wireless routers within my area which led me to believe that unknowingly, they can get my signals too.

     

    any brilliant ideas out there?

     

    :cool:

  16. To access this is to go to control panel-administrative tools-computer management-storage-disk management and right clicking on the hard drive you want to create a new partition and follow the instructions carefully. Sometimes this create partition is not available (I've not have the chance to analyse it yet).

     

    You can also use a third party application such as Powerquest Partition Magic 8.0 and above (I use this software more often than XP's own partitioning software).

    unfortunately, the create partition option is not available in my XP... guess i may have to get a patition magic....

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