M16A2

Another supposition.

As what is stated above under the Family COde the child has the right to support even if you are not married. Supposing the father is willing to give support but files a case for custody of the child. What does the law say pertaining to child custody to unwed parents?

Sorry... but what is an ITF account and how is it significant, i.e. how does it differ from an ordinary account?

 

Off-hand though, I would say a court order would be necessary if an alleged guardian is trying to claim the amounts contained in an account of a dead person, on the claim that the said account has been inherited by the minor.

 

However, if he is just opening an account on behalf of a minor, and depositing money in it, a court order would be unnecessary, as his identity would be the only important consideration and the requirement of several primary IDs would already identify him.

 

Anyway, he is DEPOSITING money, not claiming the money of someone else. If someone else deposits money in the account, it should now be the lookout of this person/s to verify whether or not the person acting as a legal guardian is really the guardian.

ITF is short for "IN TRUST FOR" account. Normally people who wants to open a term or demand deposit but has not attained legal capacity, incompetent, physically incapacitated, and among others are opened in this manner. The account would be under the name of the what ive enumerated but it is entrusted to a parent or legal guardian.

How about if the purported legal guardian wants to open an ITF account intended for the remittance of a monthly SSS pension that will be received by minors due from the death of their parents. Would I need a court order?

BTW, on what grounds can I reject a SPA? A while ago a person approached me and showed a SPA that appears to be duly aunthenticated by our consul in the US. The same purportedly authorizes the said person to withdraw funds from the account of our client. However, the SPA was thumbmarked as the owner of the account is allegedly bed ridden. We didnt allowed the withdrawal to be effected since we have no way to auntenthicate the thumbmark affixed on the document. If it had been a signature which what it is normally affixed in a SPA, ok sana. Tama ba kami on that point?

What other grounds can we use to reject a SPA? How about if the powers conferred to the attorney-in-fact is very general or ambiguous? (e.g. to withdraw, collect, deposit from my account) Wala manlang indication ng bank, branch, account number,etc.

How do you compute the income tax witheld for employees?

For example I earn 17,000.00 a month

For a minor, the parents are the legal guardian (no need for any document). However, if the person claiming to be the legal guardian is not the parent, he should be appointed by the court. The document you will need is the court order appointing him as such. (Note: depende rin kasi kung para saan yung hinihingi mong ebidensya. As a general rule kasi, kailangan yung court appointment pag may properties involved, more especially if the market value of the property is greater than P50,000.00)

 

As for the purported incompetent, there should also be a court order declaring said person to be incompetent, the rule being that all persons are presumed sane and competent to take care of themselves.

I work in a bank, and sometimes people come to me requesting to open an ITF account and claim they are the legal guardian of the child or children. BTW, I am a very cautious person. What if they only wish to open a bank account, is it still essential to ask for a court order?

What document/s do I need to request from a person who claims that the latter is the legal guardian of a minor or incompetent? Also what document/s do I need in order for me to be convinced that the purported incompetent is really incompetent?

Yup.

 

A nicely worded "Motion for Early Resolution" would be of help.

 

Congratulations, despite the delays.

Thanks. Di talaga biro ang mag demanda. You will have to devote time, money,

and effort. Now the name of the school owners will be inscribed in our SCRA forever.

You could ask your lawyer to file a "Motion for the Speedy Resolution" of the case to remind the ponente of the pendency of the case. However, some lawyers are hesitant in filing this kind of motion on the fear that it might just irritate the justice assigned to the case. Also, I don't really think it will expedite the case as the Supreme Court really does things on its own time. Besides, if it's just the resolution of an MR (which does not raise any new issues), the decision on it should be coming out soon (unless the MR pointed out some things which really muddle the issue, as these would then require some study)

Another one of those we called delaying tactics :grr: anyway, thanks man.

Happy new year everyone!

Anyway, I have a question, my brother finally won a case in the Supreme Court against his school when he was in 4th grade concerning a quasi-delict or negligence by the school. BTW, after 15 years from the RTC to the CA and finally the SC, we have finally attained justice although it is seemingly slow.

Now here lies the problem, the school filed a motion for reconsideration on the SC decision and our lawyer already filed its answer. Now 1 year has passed and no action has been undertaken by the SC. What else can we do aside from waiting so this can be finished?

BTW, if im going to talk about ironic justice, one of the owners of the school happens to be the spouse of the other owner. The very day when the SC handed down its decision the said spouse died of a severe ailment.

According to them im an introvert and mysterious.

Advice naman. Paano ba kayo mag aral ng law during your school days?

Im having a hard time organizing paperworks and the like. Coz this is the first time that I took my studies seriously.

Thanks

1. eh papaano po yan kung may mga anak na sila at naparegister na yung mga birth certificates nila, void ba yung birth certificate ng mga bata?

 

Dahil void nga yung kasal nila (kahit isandaang beses pa siya magpakasal kung 17 lang siya during these marriages, void yun) yung mga bata ay illegitimate. Pero kahit void yung kasal, hindi ibig sabihin na void din yung birth certificate nung mga bata, valid yun at kung ano ang nakalagay na pangalan dun (malakas ang hinala ko na apelyido ng lalaki ang apelyidong ginagamit nila dun), yun ang dapat na gamitin nila.

 

2. ano pong dapat gawin para mapavalid ang kasal? magpakasal ulit?

 

Tama, kailangang magpakasal sila ulit kasi nga walang bisa ang unang dalawang kasal.

 

3. what will follow then?

 

kung sila ay nagsasama na bilang mag-asawa for at leat 5 years after the under-aged party turned 18, di na nila kailangang mag-apply ng lisensya para magpakasal, affidavit na lang na nagsasama na sila bilang mag-asawa for 5 years. Yun ang ibibigay nila sa magkakasal sa kanila (mayor o huwes o pari o pastor, etc.) Kung wala pa silang limang taon, mag-aaplay sila sa Civil registrar for a marriage license bago sila magpakasal.

 

Pagkatapos makasal, yung mga anak nila na ipinanganak nung siya'y 18 na ay magiging legitimate. Yung ipinanganak habang siya ay 17 pa ay illegitimate pa rin, kailangang iadopt nila (maghaharap pa ng petisyun sa korte) para maging legitimate.

 

4. kailangan po bang ifix yung dating marriage certificate nila sa bago?

 

Kasi nga void yung una, dapat ang masusunod na ay yung marriage certificate nang sila ay magpakasal ulit. Di ko nga lang alam kung ano ang procedure dito (di naman kailangang mag-file ng "declaration of nullity" dahil sila rin naman ang nagpakasal), d best nito, magtanong ka sa NSO kung paano makakansela yung una.

 

Incidentally, kakailanganin na i-correct na rin yung birth certificate nung mga bata kasi magiging mali na yung nakalagay dun na date of marriage ng magulang. Baka sakaling mailusot na "typographical error" lang ito kaya sa Civil Registrar lang ang filing. Problema, kung di nila tanggapin na "typographical error" ito, kailangan mo ring magfile ng petition sa korte para ma-correct yung date of marriage sa birth certificate nung mga bata.

Thanks a lot mr blackwolf and rocco69 :cool:

My friend is engaged in the real estate business and he asked a question about taxes. I have not studied our taxation laws yet and I have yet to finsih obligations and contracts. HEre goes...

Person A entered into a lease agreement with person B authorizing A to occupy the house for 1 year provided that rental payments amounting to P8,000.00 shall be paid to B by A on a monthly basis. A fulfilled his obligation as per their agreement, however, B has not yet issued any official receipt for the rental payments made by A. A demanded for the receipts which B refused, the latter contended that there is an express stipulation in their lease agreement that state, "all taxes that may be realized in the rental income SHALL be borne by the lessee". Thus, A should first pay the income tax to the BIR and afterwards a receipt will be issued.

A contended, however, that the stipulation is void. Since B is the owner of the house, A is not under any obligation to pay its taxes. Instead the burden to pay any taxes concerning rental income shall be fulfilled by the owner unilaterally and it should not be borne by the lessee.

So who has the better right?

Assuming na law student ka, the best book on ObliCon is...

 

The book being used by your prof in making exams, and where he draws questions for recitation in class. Para naman maganda ang grade mo sa recitation (kung wala namang weight sa prof mo ang recitation, di yung librong ginagamit niya para sa exams). Note that some profs announce what book will be the reference during the sem but they use the examples/illustrations from a different book for exams (what a dirty trick!). Kung sarili niyang exam questions, malas mo! (Get old exams from upperclassmen na lang)

 

For other purposes, as stated by Dr. Pepper, Paras is easy to read, while Tolentino exhaustively discusses the topic. Kumbaga sa encyclopedia, si Paras ay Colliers habang si Tolentino ay Encyclopedia Brittanica.

 

I syuggest you use the book preferred by your prof, then, when it comes to provisions that you have difficulty in understanding, read Paras together with the book you are using.

 

this coincides

Although my reply is quite late but I just want to thank you for your suggestions. BTW, my prof initially told us that he recommends Caguioa which is obviously out of circulation. But we knew all along that he was bluffing and instead after a series of questions during our recitations, we discovered he uses a combination of TOlentino and Jurado. Mga style talaga ng prof.

I would like to ask your opinion on what is the best book on obligations and contracts and who is the author? Jurado? Tolentino?, etc.

Thanks

My sister is having problems with his husband. His husband had graduated with honors from

college and a post graduate course. He finished his masteral degree in AIM in only

one year with honors. He also get very high results with different types of test (e.g english test

needed for immigration, i.Q. test, Critical thinking, reasoning).

However, he was considered as an underachiever, he landed a job as a clerk and worked his way

up to manager.Then after the company closed its operations. He exerted very little effort to look

for another job and he does not think of any other alternatives to keep himself busy, like establishing

a business venture, join associations, become a consultant, etc. All he does now is watch tv all day

and sleep.

i've been trying to convince my sister that he is evidently an intelligent person but a very lazy one.

She finds that hard to accept coz according to her if she has the same level of intelligence her husband

has, she would definitely become president of a company or a director of the board or an entrepreneur.

Is there any psychological or psychiatric term or explanation for this type or kind of person?

If your partner is below 26 years old, the ground would be getting married without the consent of the parents (altho the question would now be "who forced her to get married when she reached 18?"), otherwise, this would have to be under Art. 36 for "psychological incapacity").

 

The first ground would be annulment, the second declaration of nullity.

 

For the first, you would be needing a handwriting expert (either PNP Crime Lab or NBI) to prove the signatures of her parents were forged, for the second a psychiatrist to prove the incapacity of her husband.

Di ba psych incapacity should be incurable as part of the jurisprudential guidlines of the same?

Go to the Supreme Court Web Site and look for the manual on judicial writing.

Thank you so much for your help! :cool:

Lapit na finals namin! yahoo! I just want to ask what particular provisions or articles in the family code

that I need to watch out for and would need exhaustive study? Or maybe jurisprudence perhaps on how

the ambiguities will be applied?

I have heard that articles 147 and 148 of FC is paramount. Dahil yan daw lagi ang lumalabas sa bar?

Is it true?

I am again in need of your sources with regards to the following:

Provide the rule in the manner of legal citation of the following, provide at least one example for each instance,

a. Essays or articles

b. Books and phamplets (all types and levels of books and phamplets that can be used)

c. Periodicals, articles, newspapers, speeches, letters, annotation, and interviews

d. Encyclopedias, looseleaf services, book reviews

e. Repeating citations (ito ba yung ibid or supra?)

Thanks

Thank you so much for your insights with regards to this case study.

So the circumstances indicated in the police report is insufficient to serve as basis for

probable cause.

thanks again

Hi I need help on my case analysis its driving me crazy,

CASE ANALYSIS

In may 2001, the phil veterans bank near sangley point naval base was robbed. The robbery

occured at 4pm on a friday, and the robbers tooke off with 2.5 million pesos. they fled on motorbikes

to their barracks.

During the investigation, the eye witness testimony conflicted but the only fact established was that the

robbery was executed with pinpoint prescision, with the ledear barking like a military man, and that one

of the robbers answered "aye sir". No one saw where the robbers went. Having nothing with which to go

on, the case turned cold and remained unsolved.

2 years after the incident, the police in the area receive an anonymous tip regarding the robbery. The

anonymous caller said that the robbery was masterminded by Capt Felixberto DOmingo, a Naval officer

stationed in Sangley. The Caller said the police should look into the bank account of Capt Domingo.

The caller mentioned that the naval officer had acquired a new house in an exclusive subdivision in Metro

Manila, not to mention vacation homes in both Batangas and Boracay.

The Caller also mentioned that the police should look into the circumstances surrounding the death of

Lance Corporal John Estares, who died in combat action.

The investigation was conducted by Sgt Flaminiano and overseen by Supt. Gerardo Munoz, both of the

Philippine Natl Police. The following facts were uncovered.

1. Capt Domingo is currently married to the wife of deceased LCpl Estares. They gotten married about

one year after Estares died in combat.

2. LCpl Estares was transferred to Zamboanga Theater of operation in January 2002 by virtue of DOD

order no. 1234 issued by gen santos. He died in october of the same year when his unit was engaged

in a fierce gun battle with members of the abu sayaff

3. The transfer of the Marine officer was initiated by Major Fuentes, a classmate of Capt Domingo in PMA

and a good friend ever since they began their studies. Based on all supporting documents, nothing untoward

could be concluded.

4. Capt domingo was assigned to sangley point, a mere 0 minutes from the bank that was robbed. Capt Domingo

said that he was assigned to desk duty at the time because he claimed he was recovering from a debilitating

2 week flu.

5. Medical records however show that capt domingo did not visit the base hospital, and neither was there any request for

any medicines issued in his favor. There was also no record of any home visit that could have been made reveal that

2 days after the robbery, Capt domingo came in for treatment from an infected wound in his thigh .

6. As to properties owned by capt domingo documents reveal that indeed there are 2 pieces of property which were purchased one and a half years after the robbery. However, the properties are in the name of his current wife

and purchased during their so far short married life.

7. Bank records are not obtained due to restrictions from the bank.

QUESTION

1. If you were the fiscal, armed with the report, what would your next course of action be?

2. General santos wants to step into the picture and take care of cleaning their own house.

Can he assume jurisdiction over the matter? How?

3. What if any charges can Gen Santos and the Judge Advocate Generals office bring against Capt Domingo?

Thanks very much!

matt hughes defeats royce gracie 4:39 at round 1

http://www.sherdog.com/fightfinder/fightfi...p?fighterid=232

Lumaban pa kasi tanda tanda na. tsk tsk.

Randy Couture, Matt Hughes and Genki Sudo for his unorthodox methods.

Pwede Pride?

Hidehiko Yoshida, Kazushi Sakuraba, Mirko Filipovic and Fedor Emelianenko

Matt Hughes vs Royce Gracie sa May 27!

<{POST_SNAPBACK}>

matt hughes ako kampi. Kawawa si royce when it comes to takedowns.

ingat lang si hughes sa ground.

judo and grappling

Thanks. Even a little news is good. Although I did read in another thread (under Mixed Martial Arts - kahapon ko lang nakita) here yesterday that Gerry Dino had already passed away. Sad to have read that news.

 

BTW - who is your Sensei?

Andy Macion has cancer, I cant remember what type of cancer. Yes, Gerry Dino passed away due to an ailment, again I forgot what kind of ailment.

Emir Reyes is my sensei. Sometimes Sam Bernales (asst coach of DLSU judo) drops by at PAJA and gives us some lessons.

Timing is a difficult proposition in the sense that its hard to share anything concrete about it. But you're right, it is very important. Only experience will teach you that. Basta sali lang ng sali ng tournament. Don't aim for medals at the start. Aim to gain experience & confidence. It took me 9 gruelling tournaments of absolute failure before I won my first medal.

I'll keep that in mind

To share my opinion, I would have a different approach to what is essential in Judo. To sum it up in one word, Judo is all about BALANCE. With it, your opponent can't throw you. Without it... well, we quickly become acquainted with the dojo's ceiling and its many intricacies.

 

Likewise, as you mentioned below - the number one deterrent to throwing our opponent is his Resistance. While he may have speed, agility and/or strength, there are many ways of getting around that. Ultimately, it will boil down to his own sense of balance & your ability to take it away. Without balance, anything you do to your opponent will work.

 

Hay... what you'd written brings back so many memories. Yes, thats all true. Nakakapagod to use power all the time. Even if you're strong, by the time you get to your third, or fourth opponent... its hard to even keep your arms up. I recall a tournament wherein, by the time I got to my ninth opponent - the tips of my fingers were already dark blue.

Hehe, oh how I can relate. Yung tipong gusto mo pa mag laro but your body says " I can do no more"