jopoc

Just to correct the misimpression na di na makakahabol yung anak sa labas pag di siya nagsampa ng kaso for recognition habang buhay pa yung friend mo. Depende sa ebidensyang hawak nung anak kung makakapagclaim pa siya ng share o hindi after the death of your friend. Sa ilalim kasi ng Family Code, kung yung anak sa labas ay merong:

 

(1) record of birth appearing in the civil register [kung saan nakapirma yung friend mo na siya yung ama] or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

 

pwede siyang magsampa ng action for recognition kahit patay na yung sinasabi niyang ama niya. Consequently, he can claim his legitime after he proves his filiation (even though the alleged parent is already dead at the tinme of the filing of the action).

 

However, kung hindi ganito ang ebidensya niya, he has to file the action while his alleged parent is still alive (See Arts. 175 in relation to Articl 172 and 173, Family Code).

sir, dito ko binase yung assumption na wala yung mga ebidensya na yan, so dapat during lifetime maghabol yung illegitimate na anak.

Sirs question lang po, I have a friend who is single but has an illegitimate child (anak sa labas), matanda na yung anak sa labas and may sarili ng family sa US, since birth di sya recognized na anak ng friend ko...

So pag namatay yung friend ko is there a way if ayaw nya sa anak sa labas mapunta yung properties nya? Kunwari sa siblings nya gusto mapunta or sa mga pamangkin? what are the legal ways? meron ba?

thanks po in advance.

i overlooked those provisions of RA9262. my bad.

but, with due respect,

as to being punished twice on the same act, i believe that this can happen without double jeopary. for example, ILLEGAL RECRUITMENT and ESTAFA or BP 22 and ESTAFA or accessory to theft and fencing, and so on.....

whatthe constitutions says is that "no person shall be twice put in jeopardy of punishment for the same offense" (Secx21, Art3)

meaning, the offense is the same, not the act itself. ergo, a sigle act can result to 2 or more offenses.

and sir, it is different from the civil code art33.

Jopoc,

 

Won't this result in double jeopardy?

 

It is a cardinal rule that the protection against double jeopardy can be invoked for the same or identical criminal offense. An accused should only be punished once for a crime committed, even if two laws prescribe different punishments. The exception is, if the two criminal cases have different elements and nature. Stated otherwise, you can only prosecute an accused for two crimes if each crime involves some important act which is not an essential element of the other.

 

However, in this case, a criminal case for violation of RA 9262 Section 5a necessarily absorbs a charge for physical injuries.

 

Consider how the law was phrased:

 

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

 

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

 

Further, just because an act is punishable by a special law does not automatically make it malum prohibitum. One must look in the very nature of the act. Doing violence against women and children is always immoral and thus, malum in se.

 

Probably, you were referring to a independent civil action for damages arising from physical injuries, fraud, and defamation under Section 33 of the New Civil Code which can proceed independently of the criminal charge.

thanks mga sir,

 

one more question, civil case ba reflects in nbi clearance?

 

kxe i have plans in working sa singapore anytime soon eh di ko sure kung reflect un sa nbi clearance ko.

 

thanks mga sir.

nope. it wont reflect.

gaano po kaya katagal ung TAT para mag move ung kaso?

im sorry, whats TAT?

ARNELLIs

Bosing may tanong ako regarding RA 9262. is violation of the law a continuing crime? or an offender may be charged with another information given another circumstance of violation?

 

ano effect nun sa unang kaso in case?

the law does not specifically state that it is. but it is my opinion that those acts that are done habitually (like beating, forcing them into prostitution, etc) canbe considered as a continuing crime.

charged with another information? you mean to have 2 cases in a single violation. yes, it is possible. if one act violates the Revised Penal Code and a Special law, like this one, then 2 informations can be filed in separate courts. for example, serious physical injuries under the RPC and beating under 9262. one act or series of acts, but 2 informations/ cases.

if this happen, both cases will proceed independently

It's simple, really. If you are an ordinary depositor, you have to queue because a big bank has a lot of transactions. Don't like waiting in line? Get an ATM account and go there during odd hours. Big time clients don't feel this because they have gofers to do the waiting in line for them, and these are usually the gofers who have 20 transactions for the teller to do. Don't go on Mondays, Fridays and paydays and especially just before a long holiday. Don't go during lunchtime as everyone seems to be there too. It's worse at around 1-2 pm since that is check clearing cut off time.

 

Why do you complain and still keep your account there? It's a trade off. You want stability, accessiblity, available services etc etc well, the banks pay attention to their valued clients, not us ordinary folks who maintain the absolute minimum to keep the account alive.

 

The Know Your Client or KYC standard that results in lots of IDs and documents required to open an account is dictated by the Bangko Sentral ng Pilipinas. Which in turn is dictated by our government who wants to keep out of the US pooplist of countries open to money laundering.

 

You think the big banks enjoy serving that many clients in their branches? Well they find it a hassle too, so much so they try their best to discourage branch over-the-counter transactions by making it more attractive to transact via ATM or over the internet.

 

Look for a small bank. I did, and I don't wait that long. Yeah, it's not as accessible as the big five but then, it's a trade off that I will happily accept.

i cannot agree more

ask lang me ng favor, meron po ba kayong alam na bank na ang requirement ay dalawang ID's lang to open a new savings account with them?ok lang kung lousy service, beggars can't be choosy which i think it's a lot of bull. sila na nga makikinabang sa customer,nagbibigay pa ng hard time. not unless na may specific banking law na requirement ang tatlong ID's,meron ba?

RCBC savings bank. plus a pic....

pero kung meron kang kilalang employee, lalo na bank manager, pwede kang payagan na nyan sa kahit anong bank

------

guys, kung ayaw nyo na magsayang ng oras, try ONLINE BANKING., eniwey, nakakapag internet naman kayo.

thank for the advise!

So ang dapat pala gawin ng friend ko is ilipat yung properties nya by SALE and magpagawa ng will para hindi makuha lahat ng properties nya ng illegit child.

well, selling properties will make things more difficult for the illegitimate who is unrecognized.

but this is the better thing to do... sell all properties, enjoy life, maglustay. gastusin nya na lang for himself. hehe.

remember, pag meron properties syang maiwan (assuming na ma-recognize paternity), 1/2 of his whole estae will be allocated to the illegitimate. that is her LEGITIME

Update ko lang kayo mga sirs. I filed the case na sa RTC sa may QC hall. Nagulat lang ako kc ung fees to file the case was only 50.00 Php. I was expecting a higher fee. Criminal case ung finile namin. Thanks sa mg advises nyo. :thumbsupsmiley:

thats for the Preliminary investigation only. meron pa sa court case yan, if mag file sa korte. pero mababa lang. its aroung 1% of what you are asking for.

Thanks fauxhead! salamat sa sagot

 

Sa case kasi ng friend ko... wala na yung 1-3. Isang illegit na anak lang sa isang girl na di naman pinakasalan.

 

Kung tama ang pagkakaintindi ko, kung meron last will and testament wala ng habol yun illegit child kahit kanino pa ipamana ng friend ko yung properties nya?

 

what if yung properties ipangalan nya sa iba (let's say sa pamangkin nya na gusto nya ipamana, since la naman sya anak na legit and wife and parents), may habol pa din ba yung illegit child dito?

 

paexplain lang po.. thanks ulit

followup question lang, what if yung friend ko nag-ampon. Ano ang magiging hatian nila ng illegit child kung magclaim si illegit child? thanks again...

tama si fauxhead, dapat hindi makasampa ng kaso ng filiation yung illegitimate na anak habang buhay pa yung friend mo. otherwise, baka mapilitan sya ng korte na i-recognize yun. meaning, pagnamatay siya, sure na meron syang share sa property.

in the case of your friend, at least half of the property will automatically go to the illegitimate kung testate (meaning meron will), and only a half can be given away. kung mamatay syang intestate (walang will), sa illegitimate mapupunta lahat.

also, whether mag ampon man sya o hindi, sure na me share yung illegitimate kung me judgment of filiation.

kung lipat nya by SALE yung properties sa mga relatives nya, of course, mahihirapan na maghabol ang illegitimate. pero kung DONATE nya lang, pwede collate yun at half ng property ay maaring bumalik sa illegitimate.

again, to be safe, mas mabuti na wag na sya (yung friend mo) makipagkita o makipagsulatan sa illegitimate na yun. baka gamitin na ebidensya yun laban sa kanya.

bakit kaya ganyan yan sila.....pag tatawag sa hotline nila puro sasabihin ire-report at pupunta na technician pero wala nman napunta. puti na mata namin sa kahihintay wala pa rin..

sa dami ng tabaho ng mga technicians nila, hindi masagot lahat ng problems agad.

nagsisisi ako na nag DSL ako. wala kasi ZPDEE yung new place ko. masaya na ako dun, kahit mas mahal.

o di kaya, nag BRO na lang ako.

dude everytime you complain get a tracking number so you would know and follow up that number. now if it still happens or nothing happens you should escalte it to the customer service head. remember if you are an irate customer that would be the time that they will make action. always get the name of the person you are calling. or even ask for an account manager so there is someone who is always monitoring your account. i am also an account manager with a different telco. so i know the proccess.

 

good luck. cheers!

kung ganyan sana ang PLDT, ok lang. it took us a week to have our line repaired. everyday tawag ako hotline. and several times punta ako sa Business center. wala sila masagot except nasa technician. and to appease you, promise sila within the day, only to wait in vain.

PURO YABANG PLDT. Kung meron sana sila competitor dito, iiwan ko sila.

try AROMA hotel.

malinis at maganda

from Olivarez, take a trike, sabihin mo na lang dun ka. malapit na yun.

question lang po mga sir? if ever i do choose to file a criminal case, what are the differences as compared to civil lang aside from the processing speed?

actually po nde cya ung naka list sa registration. Bayaw yata nya nya may ari, so sabi ng atty ko isama daw yun sa case.

paano kung wala talaga cyang pera? paano na yun? kc sabi ni atty nung tin-na try nyang tawagan one time ng mga MON ng 10AM eh cya mismo sumagot. So mukhang alang trabaho. Iniisip ko lang na baka gumastos lang ako tas lalo lang sasakit ulo ko sa kasisingil. Mahirap kcing maningil ng taong ayaw magbayad eh. <_<

1. the difference... sa criminal case, pwede sya makulong. at bayad din.

2. if you really think wala sya pera, then file a crim case. in that way, either, makapagdiskarte sya ng pera o makulong sya (bawi ka rin for the troubles).

baka ung isa ung i-fa-file nya kc kelangan pa daw naming pumunta sa QC Hall sa fiscal para mag personal appearance and file.

 

mas maganda ba kung civil? ano differences aside from bypassing fiscal?

 

actually, hindi car vs car ang pinaguusapan natin dito. ako mismo ung nabundol ni mokong. i was in a pedestrian lane in front of Gerrys Grill along C5 from Cubao going to work (Eastwood) when i was hit by a car driven by this person who lives in Cainta, Rizal.

 

nagmabuting palad naman cya na dalhin ako sa hospital, i passed out after the impact eh. they paid for the hospital bills but they refused to have me undergo CT scan since ok naman daw ung mga Xrays. Since i wasnt feeling well that time, i decided to use my medical insurance instead.

 

when i came back to work after 2 weeks, i tried calling them to ask for some amount for the days na i was absent. ayaw nila, pasalamat daw ako at dinala pa nila ako sa hospital.

 

hay... :thumbsupsmiley:

if you reallly think na nagmamatigas at nagtatago sila ng pera, then just as ajentjack said, file a criminal case.

if you think that you want a fast case, then a civil action will do.

take note, kung me kotse sya, that itself is a property, unless hindi kanya yung kotse. .

in any case, a settlement outside court is the best thing that could happen.

Bosing may tanong ako regarding RA 9262. is violation of the law a continuing crime? or an offender may be charged with another information given another circumstance of violation?

 

ano effect nun sa unang kaso in case?

sir, kindly elaborate. you are asking us about the law on violence against women, children, etc? right?

thanks

sirs and madams,

 

am a student-returnee (i.e. balik eskwela after 15 years of working)

kelangan kasi ng additional credits for advancement,

kaya pasok ako ng isang university dito sa manila...

 

one time, pumasok professor namin, late siya..

at dahil late siya, inunahan niya kami ng galit,

sinermunan kami at pinagsabihan ng kung anu-ano...

ininsulto kaming lahat at pinagbantaan pa na ibabagsak kami dahil sa pinagagawa niya na di namin daw nagawa....

 

pwede bang kasuhan ito?

pwede bang idemanda ito ng paninirang puri? o kung anupaman?

based on your story, i find nothing wrong with what your prof did or said.

can you please eleaborate on the insults that he said? thanks

yung na nga po ung arrangement namin. waived na ung acceptance fees chaka ung processing fees.

 

im not sure kung criminal or civil case cya. should it matter kung alin dun? if yes, which is better?

 

we did try to make settlements pero sabi ng accused wala cyang pera? pasencyahan nlng daw. :cry:

 

eh cyempre there was damage done, i missed 2 weeks of work bec of the incident. sorry po kung makulet.

 

1st experience ko to of filing a case eh. sana last narin. TIA again. sana wag kayo magsawa.

if damages o pera lang habol mo, its best na civil na lang file mo. mas mabilis kung ganun. hindi na dadaan sa fiscal ang kaso. derecho korte na.

to be practical, tingnan mo muna yung capacity to pay ng nakadisgrasya sa iyo. alamin mo kung talaga me property sya. kung me pera. kung talagang mababayaran ka. kasi kung jeepney driver lang o talagang mahirap yung tao, i think you should think twice bago ka mag file. baka mauwi lang sa wala o baka mas malaki pa magastos mo.

but since you have a lawyer, and ok naman ata pinag ussapan nyo, listen to him. follow his advice. unless you feel na inaagrabyado ka nya mismo.

ano ba nakabangga sa iyo?

PARAS will be our basic reference but i'd rather read something else.

 

a friend recommends tolentino...what can you say about him?

 

aside from de leon what else would you recommend?

 

thanks for the reply dude

hmm..although tolentino is good, i dont think it is updated.

trust me, you dont need another law book in oblicon. paras (and de leon, if you want) will do.

what is important in oblicon are first, put in heart and mind the provisions. second, read and study the cases (especially the landmark cases), and lastly, learn to apply the principles of oblicon.

but if you really want to have another oblicon law book, try jurado or tolentino.

thanks for the correction,physical injuries nga pala. physical injuries incurred because of a vehicular accident. mahal lang kc ng atty's appearance. ganun po ba talaga procedure? kelangan magbayad per appearance?

 

TIA again. :thumbsupsmiley:

its up to you to discuss matters with your atty. try contingent fees. meaning, kung successful, share kayo.

are you going for a criminal action or a civil case for damages only? did you try to make any settlement with the pne who cause the injuries?

guys,

 

tanong ko lang po. what book would you recoomened for oblicon po?

of course what your professor required is what you must get.

but if you want a supplemental book (other than your text book), i suggest that you get the college edition of oblicon by de leon. why? first, because its simple and concise. second, you will have time to read it, thrid, its cheaper, and lastly, OBLICON is easy to understand. especially if you reach higher law school level .

good day.

Need your opinion, compañeros...

 

A possible medical malpractice case has been brought to my attention. However, I am loathe to step into it as the doctors involved are personally known to me (friends, even!) and I fear that the full medical records won't be disclosed if they find that I am making inquiries.

 

A friend of mine recently underwent a series of emergency medical procedures at a well-known hospital. A hundred thousand pesos later, she hasn't been "cured" and the family opted to bring her to another hospital in another province hopefully to seek better medical attention and consequently, relief.

 

I read the medical abstract drawn up and it wasn't as informative as I hoped it would be. In fact, non-MD as I am, i understood it completely on the first reading!

 

The family wants to bring the full medical records and charts with them on this new confinement and possible surgery, understandably because they want to avoid going through the entire process again of blood extractions and CT scans and fluoroscopy and x-rays again. And again. Including information on the full range of interventions that had been done so proper analysis may be made of why not all of them seemed to work.

 

But they're running into brick walls.

 

I tried to talk to the resident in-charge and he was not available for comment -- as he hasn't been for the past several days. Neither have I been successful in seeing any of the doctors on her case.

 

I don't want to go to court and cast clouds on reputations. Is there a way the hospital may be compelled to surrender the patient's records without having to resort to legal means (e.g., writ of mandamus)? The family is not (YET) interested in pursuing a case... they just want my friend to get better. But with their inability to obtain the records --- that's why I'm getting involved.

 

Your inputs would be appreciated. Thank you.

what i remember in our legal medicine class is that the patient always have the right to information, meaning it includes the right to access his/her records. i do believe that this rule is also embodied in the the ethical standards of doctrors.

since it is not a bar subject, i disposed off my notes after passing the subject (tambak na ako ng papel sa kwarto kasi, hehe).

if you dont want to go to court, probably a demand letter addressed to the hospital will do. maybe yo can ask a doctor about their rules on ethical standards to back your claim. good day

Question lang po, mga magkano i-reready ko kung magfifile ng kaso against "physical damages"? TIA

maybe you mean physical injuries. depende yan. kung gusto mo makulong, criminal case, just prepapre a complaint affidavit. punta ka sa fiscal. if derecho civil case lang habol mo, meaning recover damages, depende yun sa damages na hinihingi mo. meron kasi filing fees. i think its around 1% of what you are claiming.

of course, kailangan mo ng atty to help you, so get one who will fit to your budget.

and dont forget, kung ka-baranggay mo kakasuhan mo, reklamo ka muna sa baranggay nyo for concilliation/meditation proceedings.

good day.

I just saw an ad on Jack for a WWE fasttrack.  I have a feeling theyre gonna play catchup so the RAW and Smackdown in the states will be shown the same week here.

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that is definitely good news....

UP diliman --- 95-44689

:boo:

a. Mas mahirap po ma-in love.  Ang dali lang kaya mag fool around este ahmmm...   

 

b. si sir DENNIS -- kaya sana sya ang manguna sa DARE TO BARE ng RR Anniversary.  I won't miss that if he does.  :boo:  :boo:  (at sana di nya ako ma-ban dito, di ba?!)  :boo:

 

c. Syempre, AKO! si wyette.... me, moi... ako lang! 

 

 

Bro, ha... tama na yan. Parang lam ko na san papupunta yang mga tanong mong yan! 

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sorry, mali yung question 1, FALL pala, hindi fool. (halatang antok pa from the nite out yung post na yun. hehehe)

sige, no more questions your honor.

Naman! Akala ko mga kaibigan ko kayo! 

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op kors kaibigan tayo. nyahahaha!!!

eto yung mamaya!

a. ano mas mahirap, ma- in love o mag fool out of love?

b. sino ang pinaka sexy male mtc member for you?

c. sino ang pinaka sexy female mtc member for you?

We recently tried Sampaguita Tourist Inn in Legazpi City, Albay

most occupants we found out are mountaineers, families with kids

 

The place is cheap 3 beds for 525 pesos with aircon, 575 pesos with aircon and hot water

breakfast - tapsilog 60 pesos

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pre, you should have told me nung nagkita tayo na punta ka legazpi. territory ko yun.

try nyo venezia and avenrose... maganda sya talaga

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i agree.

baby_sam, how much are the rates for the places u've mentioned? san sa legazpi?

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venezia has a site.

http://www.hotelvenezia.ws/index.asp

AHA!!! meron akong mga tanong sa iyo sis....

a. kumusta lovelife mo sa MTC?

b. bakit madalas ka sa manila?

c. anong nakikita mo sa MTC 10 years from now?

mamaya na yung iba. hehehehe

guys! Thank you so much for your answers. Not only to fauxhead but the others who replied on the lease and the gambling topics as well. Clarification lang po, so per existing laws, we really can't put up a gambling place since PAGCOR cannot issue permits too?

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what kind of "gambling place" do you have in mind?