jopoc

A lease is a contract between a lessor and a lessee for the use of a property or chattel while rent is a regular payment by a lessee to a lessor for use of some property.

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just want to add that in layman's term. they are interchangeable. hence, the sign: FOR RENT is the same as FOR LEASE.

I fully agree that no carrier should charge for balance inquiry.  But they may be using that to stop people from congesting their customer service lines from frequent balance check- just a tought.  :hypocritesmiley:

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hindi ba free yung 2312 balance inquiry?

eniwey, glove subscriber since 1999. pre-paid up to 2001, and post paid since then. no problem at all with globe except a few minor things.

as for the hidden charges, i think there are none. if you look closer, they just break down the charges. yung taxes and everything, hinahati lang nila. wala pinagkaiba ang post paid sa pre-paid except for better protection and services for the latter.

i am a loyal globe subscriber and i dont see myself using smart (unless office issued, heheh)

correct me if i am wrong, sa globe, malalaman mo kung alin ang post paid sa prepaid by the first digits of the cell, right? unlike smart.

status booster din yung alam ng tao na post paid ka. (hehe)

the worse for me is of course..... LAND BANK... pwede ba, dami nyong FORCED depositors (govt employees and govt transactions), damihan nyo naman staff nyo! kahit tellers man lang.

the best services given for me is BDO. lalo na sa SM malls, extended banking hours. di na kailangan mag eskapo sa work para pumunta.

60K lang? wow.. thats kinda cheap. my cousin kc filed for one and it caused him liked a 100K+. im not so familiar with the process actually. what are the grounds ba for filing an annulment?

 

ps.

 

thanks.

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my gf's annulment cost her 70-80k. a year-long processing.

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it always depend on the following:

a. the lawyer (the better or more seasoned, the more expensive)

b. the judge, prosecutor, etc. (lets not disregard the fact that some of them are "dirty"

c. the evidence to be adduced. like the psychiatrist, etc.

depende lang talaga sa budget or capacity to pay ng parties yan. and as for the cause of action, depende rin sa tindi ng ebidensya.

With all due respect my dear Jopoc, you will realize in time that the actual practice of law is a wee bit different from the mere study of it. The nuances of legal practice, which I do not assume to have fully learned, can only be understood through actual experience. But I fully trust you will get to that, all in due time.

 

First off, it is NOT the threat of filing a suit which is considered vexing. It is the manner in which collecting agencies conduct their affairs which may be deemed so. Some collecting agencies resort to humiliating the people they collect from. Some resort to telling a person's officemates or neighbors that he is deeply indebted to a credit card company. Some call relentlessly, even in the late hours of the evening or early morning thus resulting to a general lack of peace of mind for the person subject of the collection efforts.They aim to bug andf vex you just so you'd pay up. If these circumstances are present, I have no doubt in my mind that, at the very least, probable cause for unjust vexation exists. I have personally handled a case for a personal friend once and the public prosecutor sustained our contention. Bonito's client is also an example that this remedy is available for people who are relentlessly being bugged by these collecting agencies. Indeed, while a person who has a credit card debt should indeed settle his obligations, the collecting agencies should also bear in mind that they must conduct their affairs in a just and professional manner.

 

Secondly, although you may of course include the officers of a corporation in the suit, I doubt if you can prove that probable cause exist to hail them to court for unjust vexation. My contention is consistent with the principle enunciated in the case of  Sia vs. People (G.R. No. L-30896) which stated thus (in criminal cases):

               

        "In the absence of an express provision of law making the petitioner liable for the criminal offense committed by the corporation of which he is a president as in fact there is no such provisions in the Revised Penal Code under which petitioner is being prosecuted, the existence of a criminal liability on his part may not be said to be beyond any doubt."

 

        The principles of "principals by inducement or indispensable cooperation" do not apply.

 

          As for your last question,  you may refer to my answer to your first query. In the case of the person who first asked the question in this thread ( I forgot who), he does not even know the name of the person calling and bugging him that is why he was advised to get  a/the name. I also answered that question in general terms, not merely limiting myself with the phone calls. Nonetheless, the persistent and humiliating phone calls alone would suffice for the filing of a case but, again, one has to get a name.

 

        Lastly, I agree with Lyssahot. If you owe someone, the best thing to do is to pay up. But then again, collecting agencies should bear in mind that there are limits of basic human deceny within which they must conduct their affairs. The legal profession demands that a client is entitled to the best legal help/advise his lawyer can give and if Bonito's ploy worked for his client in that it resulted (or may result) in a compromise, then well and good. In actual practice, this sort of ploy is more often than not some sort of leverage. One has to be creative within the bounds of the law.

 

          Peace.

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got it. you are the more experienced one. you are more credible than i am. thanks for the info.

Yup, pasok sa unjust vexation. You file the case against the one collecting against you. I assume that would be the collecting agency  HSBC hired. You must get the name of the one persistently calling and bugging you.

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with due respect sir....

query lang po

1. how does a threat of filing a suit fall under unjust vexation???

2. assuming that you can file a criminal suit, why cant you include the officers of the company for 2 practical reasons? a: They are principals by inducement (or indispensable cooperation), and b: to harass the officers to settle? pretty sure the call center agent cannot pay damages

3. lastly, if its a criminal case, how can you prove unjust vexation over the phone? what proof can you give? remember they must be found guilty beyond reasonable doubt.

peace!

good day MTC Lawyers,

 

A Collection Firm ( actually a Law Firm) has been continually calling my office and emanding payment for my Credit Card with HSBC. I have already told them that I am not able to pay them the amount they are asking and I also told them that I do not want to deal with them and I will deal with my problem directly with HSBC...sabi nila "paano yan sir eh di kakasuhan na lang namin kayo?" ...I said "ok see you in court then" was my reply.

 

My question is :

1. Can i file a case of Harrassment against them?

2. To whom can i file a complaint with these collection agencies abusive  & rude behaviour?

3. Are there laws protecting me against these LAW(?) firms?

 

Thank you....

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sadly, i dont think you hold a case against them. why? because, the threat is something legal (filing a suit). it is not really an "illegal" harrassment. of course, iba ang usapan kung ang threat ay "papatayin kita" or any thing like that.

besides, what proof can you give? you cannot record the phone conversations and present it in court. it will violate the anti-wire tapping law.

lastly, there is a saying (im not sure if i get this right verbatim): you must come to court with clean hands. you owe them money. if you sue them, baka mag counter lang yan.

i believe that it would be best that you change your numbers na lang.

What law firm would you like to work for? Do we have any MTC members working in these firms?

 

Sycip?

Villaraza?

Romulo Mabanta?

Quisumbing Torres?

ACCRA?

Picazo?

Castillo Laman?

 

Survey lang 

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i am not working in any of them, and i dont intend to, even if i am invited to be part of the firm.

what they can do, any lawyer can

If one is really illegitimate but is given the choice of being considered a legitimate son/daughter of a deadbeat father or an illegitimate son/daughter of a rich one, which would be a wise choice?

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for me, its nobody's choice. the law must prevail.

dura lex, sed lex.... the law is hard, but mine is harder. hehehe

From the query, I dont think the girl is married. Nonetheless, I think the law might still  apply although a married woman filing a case pursuant to it would have to face legal consequences/complications. But if support is the urgent concern, wala ng bibilis sa 9262.

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mind if i give my opinion on this matter.

for me, i think 9262 does not cover married women. why? the FAMILY CODE is clear, ANAK NG LEGITIMATE HUSBAND YAN. and to force support sa guy, it would make the child illegitimate, something jurisprudence is firm against, meaning, no flipflopping dyan.

so i belive, that if the woman is married, and her case does not fall under the exceptional cases in the Family Code, she has no recourse against the man who impregnated her. save for cases of DNA and other evidence that the court "may" accept to impugn legitimacy of the child.

peace pare.

with due respect,

query lang po, does this 9262 apply even if the woman impregnated and asking for support is married?

yan ang di ko maintindihan sa MRT and LRTA.

SEGREGATION daw. diba pag segregate, hinihinwalay? bakit sa 2nd up coaches, hindi naman hiwalay?

its not segregation, it is giving BETTER rights. hindi ba dapat EQUAL RIGHTS?

My friend got impregnated by a married guy. The guy refuse to acknowledge he is the father of the child.

Can my friend force the guy to have a DNA test. If the DNA test is postive, can she ask for support for the child.

Since my friend is poor, where can she go for legal help

 

This case is similar to Manny Pacquiao

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first things first,

me asawa ba ang friend mo?

Guys, Im an aspiring law student i wonder if you could help me make a decision.

 

i passed the law entrance exam in ust and san beda.

 

in your opinion, which law school is better and why?

 

sorry for being out of topic but... theres no other place to ask the question.

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Although I am not a graduate of either schools, it seems San Beda is the better choice, based on bar passing percentage. Be prepared to fight for your survival though. Matindi raw ang  bagsakan dyan:-)

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i beg to disagree as to san beda being the better choice. i was once a student of san beda. but i VOLUNTARILY left beda after my freshman year (since i believed that i will not be successful as a person, not merely as a lawyer, if i stay in beda). beda was never fair to the students. let me give some instances:

a. they release grades on june only. why? to make hocus focus. come on, why release grades that late? why not give the students the chance to transfer to a good school? only arellano and san beda alabang are the willing law schools come june.

b. the grades are not that fair. in my time, my legal profession prof told us that 5 guys from each of his class will fail. guess what, it did happen! worse, 2 times lang sya pumasok the whole sem. patay na sya and im happy that his crappy teaching has ended.

c. the students are not empowered. because of the katay system, students are made to become "puppies" or sipsip to their profs. i cant believe that a bonehead classmate of mine in beda, pretty but bonehead, passed and my classmate who is much brighter than her did not. nakarma din yun babae, hindi pumasa sa bar.

the recent scandal in beda where 2 disqualified students were made to re-enroll dahil malakas sa dean at rector. that was impressive.

try the boycott rule. 1/3 of the class is absent, the present one gets a grade of 50 for teh day and those absent gets double 50. kung present ka, bakit dapat me 50 ka, diba?

d. the law students of beda lacks camaraderie. because of the again, the katay system, nagtataguan ng notes, nagtatrayduran etc. blockmates ko, pagkatapos kong pahiramin ng notes ko, nagdamot ba naman ng notes nila!

yes, san beda makes lawyers. but not good lawyers. sinu-sino ba ang sikat na lawyer sa beda aside from roco? hehehe.

======

sir B-9904

it is not the school that makes a lawyer, it is the student itself. i came from a school that is not among the top 3 (and a relatively young law school finding its place in the map of the law academe). but modesty aside, i passed in my first take, our school got 65% passing, and a classmate of mine landed in the top 10 (take note, san beda has no topnotcher this year).

just practice discipline, and you will be ok. good luck in the choices that you make.

help naman. first time ko to humingi ng legal advise.

 

3 years na ako hiwalay sa wife ko. may isa akong anak sa kanya. 4 y/o na. 3 years na din ako nagbibigay financial support para sa anak ko. 10k the first year then ginawa ko 15k after kasi nagumpisa na mag aral ang bata.

now, 2 months back. nag abroad misis ko. im living abroad too btw. iniwan nya anak ko sa parents ko. sa madaling salita. sa amin na nakatira baby ko, kami na nag parents ko na nagaalaga and sumasalo sa gastusin.

 

now, pwede ko na ba stop pagbigay ko ng pera sa wife ko kasi nasa amin na baby ko? kasi binigigyan ko pa x-wife ko around 13k a month then i give 5k pa sa mom ko pangastos ng anak ko now na nasa amin na sya.

 

tama ba na stop ko na yun then ibigay ko na lamg lahat ng money to my mom. kasi sya nman na nagaasikaso sa anak ko.

 

ayon sa batas. if im earning 50-60k a mont . magkano legal na ibigay ko for cjhild support for my 4y/o daughter ?

 

thanks sa sinuman makakatulong. kung pwede pm na lang ang reply.

 

good day!

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hello,

usually, the support given by the estranged husband is for the children and not for the wife. i dont find any reason why you should continue supporting your estranged spouse, even if you are merely separated in fact.

i strongly suggest that you just send money to your mom. it is ok. especially now that your estranged wife is already abroad earning.

the law does not say or categorize the income earned. it is always a case to case basis. the parameter is the earning capacity and the courts determine how much. in your case, i see that it is ok to just support your child the best you can.

have a nice day.

ok. i'll try to find time reading it. thanks.

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this is the case that i was saying.

anotinio v. reyes

is it legal for a call center company to issue a 30 day notice period right after passing your resignation letter?

 

coz based on hat i know & from others... 2 weeks lang daw. pero 30 days ang ini-impose ng company namin.

 

tnx!

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good day

inasmuch as 2 weeks is the usual practice, the law does not prohibit a longer period. so if it is your employment contract or company policy, i is valid.

okay, i'm good as dead. either i profess i'm gay or claim that i've been sired by other men or whatever.

 

the law sucks. legal separation would neither sever the ties with the ex.

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i suggest that you read the recent decision of antonio v. reyes, 10 march 2006. it will be helpful to your case. find it in supremecourt.gov.ph.

i will try to explain it if i get the time. sorry, im busy now.

transcience, (and please mtc lawyers comments)

 

annulment is becoming a generic word when people intend to have a declaration of nullity under article 36 (psychological incapacity).  50k for a package is cheap since for the psychologist alone 25k na plus appearance fee for at least 2 hearings, e yung sa abogado pa at kung minamalas-malas ka pa sa fiscal.

 

if both parties wanted the marriage to be dissolved, the easiest way is to file annulment based on intrinsic fraud, it's easy as one party alleging and the other admitting that he or she is gay and hid said fact to the other prior to the marriage.  but of course, there must be no signs of collusion or else, mahal na naman babayaran nyo kay fiscal.

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i do believe ang isa pang pampalaking gasto ay kung mag appeal ang OSG.

50k? mukhang sobrang baba yan. an accepatnce fee costs 100k na agad.

i could be wrong.

bakit yung mga guards ng MRT nasa taas ng hagdan nakaabang? pagkatapos mong akyatin yung matataas na hagdan, pag dating mo, reject ka dahil me dala ka na hindi nila gusto. sana naman, sa baba ng hagdan sila mag abanag.

marami na akong nakita na ganyan. naaawa ako sa mga nirereject.

Hello Jopoc

 

1.

A. Once is enough

B. Let's just call it one nights or ONS

C. Cheaters go to hell :boo:

D. Crazy (Why not get a pleasure pal instead )

E.  Exciting. But, I'm not into it anymore. Would date someone I already met. Exception: If a friend asks me to date his/her friend.

 

2. My rules And, I have none :boo:  :hypocritesmiley:  :sick:

 

Thanks :*

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Thanks for the answers.

here are some new questions:

a. does sex matter in a relationship?

b. what is your wildest sexual fanstasy?

c. what is your dream romantic date?

thanks again and have a nice day!!! :thumbsupsmiley:

hello miss LB!!

wow, ikaw pala nasa hotseat. ngayon ko lang nalaman!!

eto lang po mga tanong ko....

What is your comment on the following:

a. long distance Relationship

b. dating/kissing friends

c. cheating

d. open relationships

e. blind dating

also, if someone wishes to date you, what must he have or comply with?

yun lang po

same din ba yan sa mga credit cards na hindi na binayaran??

 

kasi yung isa kong frend, tinawagan daw at baka puntahan daw sa bahay tapos pagkukunin ang mga gamit nya dun.. pwede ba yun??

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yup, same yan. under the constitution, NO ONE SHALL BE IMPRISONED DUE TO DEBT.

utang sa credit is mere utang. nothing more.

tell your friend na pagtawanan nya lang yung sinabi ng nangongolekta sa kanya. unless ME COURT ORDER (which they wont get because legal expenses are expensive), they cannot get the properties of anyone. so kung maliit lang utang (say, less than 100k), hindi na nila kakasuhan yung debtor. kukulitin na lang nila at haharasin.

ang problema ko lang dito: ang hirap makabili ng stored value card. laging out of stock. rare card baga...

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binabaan nila yung value to P100, dati P200 at wala bumibili.

ngayon na mas affordable, dapat magka utak naman sila na damihan ang ginagawang stored value.

this segregation ng women sa first coach ng LRT 1 and MRT. i am very much against it.

a. una, bakit ganun? yung mga babae, mas marami lugar na pwede pasukan? pwede sila sa kahit anong coach. nangyayari, mas madaling nakakasakay mga babae sa lalaki. come to think of it, halos magkasing dami o mas marami pa nga mga lalaki. what happens now is dehado naman mga lalaki.

b. kung dahil sa mga manyak sa LRT/MRT ang rason, bakit di na lang magsumbong at ipahuli sa guards? hindi naman dapat maparusahan lahat ng lalaki sa kagagawan ng iilan lang.

c. ok lang kung me special place for senior citizens and handicaps and pregnant, i will understand that. pero lahat ng babae, me special traetment, aaahhhh..... hindi na yan equal rights.