molato

Good day to all the legal gurus. Here’s a scenario: Anna accused Brian of rape. Both are of legal age. She reported the rape to barangay officials 5 hours after the alleged rape. The barangay officials went to the place where Brian was, conducted a warrantless arrest and delivered Brian to police authorities. Inquest is ongoing. What is the best strategy.

1.Would it be better to request for preliminary investigation which would entail executing a waiver of article 125 of RPC.? In this particular course of action, is Brian also waiving his right to question the validity of the warrantless arrest? Would he be released from detention if he makes this course of action? (is this the same strategy made by the alabang boys’ lawyers, i.e. request for preliminary investigation/waiver of article 125 of RPC)

or

2.Would it be better to just let the information be filed in court and Brian just file a motion to quash information before arraignment on the grounds of lack of jurisdiction over the person of the accused because of invalid warrantless arrest?

Thank you so much for your time.

without pretensions, i just love this poem. enough said, lest i ruin it.

Pablo Neruda - XVII (I do not love you...)

I do not love you as if you were salt-rose, or topaz,

or the arrow of carnations the fire shoots off.

I love you as certain dark things are to be loved,

in secret, between the shadow and the soul.

I love you as the plant that never blooms

but carries in itself the light of hidden flowers;

thanks to your love a certain solid fragrance,

risen from the earth, lives darkly in my body.

I love you without knowing how, or when, or from where.

I love you straightforwardly, without complexities or pride;

so I love you because I know no other way

than this: where I does not exist, nor you,

so close that your hand on my chest is my hand,

so close that your eyes close as I fall asleep.

stop whining. life is unfair. deal with it.

thank you very much rocco69 for the reply.

To all the bright legal minds of mtc can you please help me with this legal problem. Thanks in advance. Here it is:

Ana was the only daughter of rich parents. When her parents died, they left her a huge fortune. In 1965, Ana married Ben. Ben did not have any properties at all. Ana and Ben begot 2 children named Conrad and Dennis. During their marriage Ben and Ana did not acquire any properties at all either by themselves or separately.

Subsequently Ben had an affair with Eve. Ben and Eve begot 2 illegitimate children named Francis and Gigi.

In 1999 Ana died intestate. Her estate was never settled. In 2000 Ben married Eve.

In 2005, Ben also died intestate.

How will the estate of Ben be divided among his heirs?

How much is the total estate of Ben?

A friend of mine has this solution:

When Ana died intestate, her estate according to the Civil Code will be divided 1/3 each among Ben, Conrad and Dennis, considering that the estate of Ana is purely her paraphernal properties. No need to divide the estate of Ana into two since her estate is purely paraphernal. (Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children)

Supreme Court ruling: “As already shown, the disputed lot was paraphernal. Since Petra Unating did not leave any other property, will or debt upon her demise in 1948, the property in question was thus inherited by her children, Felix and Catalina Villar; and her husband, Aquilino Villar. The two children were entitled to two-thirds of their mother’s estate, while the husband was entitled to the remaining one-third.” (Pisueña, vs. Heirs Of Petra Unating And Aquilino Villar, Represented By Salvador Upod And Dolores Bautista, G.R. No. 132803, August 31, 1999)

Assuming that the paraphernal property is worth 90, Ben would then have 30.

When Ben died intestate, his surviving spouse Eve would get half of the estate left by Ben as part of her share in the absolute community property. The other half of Ben’s estate would be divided among Eve, Francis, Gigi, Conrad and Dennis according to the Family Code. Eve would have the same share as that of a legitimate child and the illegitimate would have ½ share as that of a legitimate child.

total estate of Ben = 30

half goes to Eve=15

remaining half (15) is to be divided among Eve, Francis, Gigi, Conrad and Dennis according to the Family Code

Eve = 3.75

Francis = 1.875

Gigi= 1.875

Conrad= 3.75

Dennis= 3.75

Is this the right solution?

Thank you so much.

question to all the bright legal minds of mtc:

here's the situation: year 2000 2 filipinos, june and ana, got married here in the philippines, in 2002 they became american citizens and lived in the states. year 2004 they got divorced in the states. they have not availed of dual citizenship and have only remained american citizens.

right now june wants to get married to a filipina citizen, maria, here in the philippines.

questions: are june and ana still considered married in the philippines? was their divorce recognized here in the philippines? do june and ana still need to get annulled here in the philippines, so that june can marry maria validly?

different lawyers i have asked provided different answers.

thanks in advance to all the mtc legal minds.

question lang mga bros., yung brother ko seaman, kakabalik lang. medyo naiinis kasi nung natanggap sya ng isang manning agency dito, yung manning agency nya pinapirma sya ng cash advance wala naman syang inadvance, tapos dini deduct sa monthly allotment nya. yun pala cover up lang yon for miscellaneous fees. e bawal pala na magkaroon kahit anong fee na sinisingil ang manning agency. d na nakapalag utol ko kc di sya makaka alis kung di nya pinirmahan. anyway balak nyang mag file ng illegal recruitment kasi parang policy na pala yon nung walanghiyang manning agency, yung pilit kang papipirmahin ng cash advance kahit wala ka namang inadvance, bago ka umalis. anyway marami silang gustong mag file 10-20 yata and sigurado na, so parang large scale. kaya lang daw nung nagtanong sila sa lawyer, wala daw ebidensya baka di mag prosper sa fiscal. kc nga naman puro cash advance forms ang pinapirmahan sa kanila. pano ba madadale yung lintek na manning agency na yon given the set of circumstances above. pwede na ba yung statements lang nila. di ba highly suspect na ang cash advances nila e puro dollars. tulong naman mga tol. thanks..

i love you without knowing how, or when or from where.

i love you straightfordwardly, without complexities or pride;

so i love you because i know no other way than

this: where I does not exist, nor You,

so close that your hand on my chest is my hand,

so close that your eyes close as I fall asleep.

man's search for meaning by victor frankl

Something Right

(Written by Julia Fordham)

I've been down to the river

And seen the other side

I have cowered in the corner

Without a place to hide

I've been lost and forsaken

And sworn 'd not get through

But I must have done something right

To be here loving you

I must have done something right

To be here loving you

I have searched

For the whole truth

And seldom have I lied

I have been the silent witness

To all the tears've cried

There are things that I have done

I wish I could undo

Chorus

There were times when i had lost my

Will to carry on

I'm glad I found the strength to

So I could sing this song

There are things that I have done

I wish I could undo

chorus

at the end of the day yo stil daman

good morning to the lawyers of the house!

 

this question popped out sa "legalize divorce" thread. but actually, the question was about annulment here it goes:

 

in annulment, the idea is "there was no marriage" in the first place. am i right? if there was no marriage, does this mean that their kids (if ever they had during their "marriage") are illegitimate?

 

hope you guys can help.

 

thanks in advance!

you have to distinguish pare

merong void marriage and voidable marriage.

void-inexistent ang marriage from time of performance

voidable-valid ang marriage until annulled by competent court

void-children are illegitimate subject to xceptions (legitimate ang children under art 36 of family code -void marriage because of psychological incapacity/legitimate din under Art 53-second marriage of a widow or widower who has not delivered to his or her children by his or her fisrt marriage the legitime of said children)

voidable-children are legitimate if conceived before decree of annulment.