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TheSmilingBandit

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Posts posted by TheSmilingBandit

  1. Hi TheSmilingBandit,

     

    Thanks for the interest in hearing my concerns. They're mostly on the utility rates, association dues and other monthly billing charges being collected by the condominium administration which is usually a third-party tasked by the condominium project owners or developers.

     

    1. Is there a prescribed (regulated) formula in computing the rate (per square meter) of the association dues?

     

    2. What about for the power and water utilities which usually differs from how the cable TV bill is computed. For the cable TV billing, we get the actual rate being charged by the company across all of its customers whether they are installed in a condominium unit or not.

     

    3. Is it legal for the administration to charge penalties for late payment of these monthly charges? Is there a prescribed (regulated) formula for the computation of the penalties as well?

     

    These are my immediate concerns for now.

     

    Thanks again.

    Technically the condominium administrations are run by the condominium associations which are elected by the unit owners. Association dues are for the maintenance of the common areas. Power usage is normally done by individual meters (or submeters) and these have to be properly billed by Meralco, likewise the water usage is billed by Manila Water (or the other company). Cable should only be charged if and when you actually have a connection, I've never heard of any condo that charges for cable billing when there is no cable connection, check if the cable connection was active, in several of the developments it was part of the package to install a cable connection. For late payments, there is usually no surcharge or penalty assessed by the cable company other than cutting your connection. Perhaps the association payed off the amounts due to the cable and decided to charge you a penalty for that, best to ask for the exact computation and bring that to a lawyer for checking, I hope that I've answered your question?

     

    For #3, which penalties for what monthly charges? Cable or monthly dues?

  2. ok, ako yung mahal nya pero di ako sure kung ano nararamdaman ko sa kanya...

    friend? companion? pero i love her company even outside the club.. we do things together,

    eat, hear mass, hang out with her barkada... tambay...

     

    i am just not sure if its a defense mechanism on my part for experiencing a not so good

    relationship prior this one... its not us but we act like it... even her friends assume it.

     

    its kind of o.t. but walang thread for this eh. hahaha! i usually give my two cents on this thread,

    now am asking for yours... thanks :)

    If you enjoy her company enough to say you love her company, odds are that you are just in denial about not being in love. The best and only thing I can suggest is to go with the flow first and see where you really stand, sometimes only time will tell the true tale about how you are feeling.
  3. you could demolish the improvement on the property. that lowers it value , ergo, lower property tax. :evil:
    Well then he needs a demolition permit, then he has to pay for the demolishment, then he has to file with the assessors office for the nullification of the improvements, then he needs to get a certification of no improvement. All in all, its only worth it if the improvement is dilapidated.

     

    mga sirs, is there any legal action against developer who are delaying / failed to turn over the uniut/s to the buyers??? help naman po...
    You could file a complaint with the HLURB. Here is the link: http://www.hlurb.gov.ph/page/services
    make it involved into religious activities (such as chapel, recollection site) or into charitable activities (like hospicio de san jose)... it means that you have no gain (no income) from your properties.... :thumbsupsmiley:
    also, if the property is devoted ACTUALLY, DIRECTLY, AND EXCLUSIVELY for educational purposes (see Art. 234, Local Government Code)
    I'm sure he would like to have the use of his property, on the other hand, I could be wrong.
  4. mga expert, need help.

    may pinamana sa akin na house residential turned apartment.

    sa akin na nakatitulo yung property at nabigay na sa akin listahan ng mga binayaran sa amilyar.

     

    gusto ko ibenta itong pinamana sa akin.

    di ko kasi alam ang mga proseso para magbenta ng property.

    baka mangailangan pa ng mga ibang documents na wala ako like itr, payslip o any legal documents

    dahil kumikita lang ako pag may raket ako sa pag-freelance mostly graphic and web designs.

     

    The requirements to sell are:

    01.) A buyer <--- LOL, pretty important.

    02.) TCT (Transfer Certificate of Title) in your name w/ Certified True Copies of the TCT (at least 2, better if you have 3).

    03.) The Tax Declaration (TD of both Land and Improvement) in your name w/ Certified True Copies of the TD (again, at least 2, one of which must be certified as for BIR use by the City/Municipal Hall).

    04.) The Certification of Tax Payment (current) issued by the Treasurer's Office of your City/Municipality.

     

    That's pretty much it. Oh, and a TIN (Tax Identification Number) would be required as well.

     

    Hope that helps.

  5. Hi MTC Legal Advisers,

     

    Do you have any useful links on the compilation of Philippine Laws governing everything about condominiums? I already tried researching online but I can't seem to find something that will help me on my concerns.

     

    Maraming salamat.

    What seems to be your boggle and concern?
  6. been awfully busy.

     

    [continued]

    the japanese strategy. in war, both powers know each other reasonably well. from resources, quality of arms and personnel, down to the commander's personality. well, this held very true at leyte gulf. the top japanese commander, kurita knew halsey very well. and he had a reasonably good idea how the american admiral would deploy his forces (a guess that was wholly correct.) so they knew halsey was out to destroy them completely. they knew halsey would probably plan on a decisive battleship action. so what to do? consider japanese resources at the time.

     

    japanese naval air was almost completely sapped at the time. their four remaining fleet, light and hybrid carriers had less than 140 planes left. their aircraft were already obsolete, and their best (surviving) pilots have been pulled out to the homeland, having been deemed too valuable to lose. so carrier strength was hopeless to attack kinkaid's transports (the americans' weakest point) with any major result other than to probably lose all planes. even before attack planes could reach the 7th, the carriers and planes would likely be interdicted by planes from halsey's 3rd. but the japanese still had battleships, seven of them. of these, three were modern, the yamato, musashi and the nagato. four were ww1 vintage but two of them, kongo and haruna, were capable of 30 knots and skippered by excellent officers. if the japanese had a chance, it would be battleships.

     

    so how to destroy kinkaid's 7th without the 3rd interfering? decoy halsey away. throughout the pacific war, the japanese had employed decoy forces with varying success. at midway, hosogoya's aleutian force did not draw fletcher and spruance. at coral sea, the light carrier hosho was sacrificed with the result that lexington was sunk and the yorktown hit. but battleships are easier to decoy away than carriers. this was kurita's biggest opportunity. a decoy force consisting of their remaining carriers (painted to look like battleships) under admiral ozawa would glide in from northern luzon down towards eastern visayas. halsey, if he takes the bait, will shoot northwards towards the force. if he goes north far enough, it would allow kurita's battleships to slip in from the west through san bernardino straight north of samar and surigao straight south of leyte and smash kinkaid.

     

    the battle - palawan. as kurita's force was steaming eastwards towards the visayas, they were waylaid by american submarines. two japanese cruisers were hit. one would later sink. this early setback must have had an effect on kurita. fortunately, ozawa was already skirting northern luzon

     

    easten luzon. ozawa sent his last 100 strike planes to attack the 7th. as expected, they were waylaid by halsey's fighters. hardly any strike plane returned. but one bomber dove at the escort carrier princeton, sinking it. they score one k*ll at the americans. but their real mission, to draw halsey northwards did not succeed. halsey thought the strike planes were land-based.

     

    central visayas over at sibuyan. kurita's main battleship force was spotted by halsey's planes. the ships were attacked and the battleship musashi sunk. this must have further demoralized kurita, losing one of his two best battleships. of interest to analysts was the fact that it took more than 250 strike planes to sink musashi. from the numbers, one could already guess how the battle would have fared had halsey relied on his carrier planes exclusively. but kurita steamed on.

     

    back to eastern luzon. ozawa is finally spotted. strike planes from the 3rd attack. halsey is informed that the vessels were battleships and he promptly swung northward and charged.

     

    surigao straight - the southern japanese force consisting of two old battleships (yamashiro and fuso) try to slip through the straight under cover of darkness. they are spotted by torpedo boats that attempted to torpedo the japanese. they did not succeed but were able to radio the japanese location. later that night, US destroyers staged torpedo attacks. the yamashiro is hit and promptly breaks in two(!!) by morning, the fuso emerges from the straight into southern leyte --where kinkaid's 5 battleships were already lined up in broadside formation. each american battleship first atleast 75 main shells at the mutsu. the latter sank within an hour. end of the southern force.

     

    samar. but look now. kurita emerges from the san bernardino and swings south right into two groups of escort carriers from the 7th. halsey's battleships were already too far north. kinkaid's own battleships were still at the leyte gulf area after having demolished the southern japanese force. four japanese battleships and three cruisers against only slow escort carriers and destroyers. but the american destroyers fought valiantly, preventing giant yamato from attacking the carriers. the other battleships sank destroyers. the kongo crippled carrier gambier bay, allowing the cruisers to sink her at close range. but the americans were scoring. attack planes from the other escort carriers sank the cruiser kumano and damaged another. at this stage, kurita withdrew.

     

    cape engano, north luzon. halsey had destroyed ozyawa's 30 escort fighter planes. his flagship new jersey was now just 45 miles away from the japanese ships. in two more hours, the japanese would come within gun range. but now comes the radio message "turkey trots to water. where is task for 34? the world wonders." this message refered to TF 34 of the 3rd fleet consisting of the US's best battleships. the first and third sentences were random message pads to confuse the enemy. but on reading it, halsey learned the truth. he had been decoyed away, and the 7th escaped destruction through a mixture of luck, sheer bravery, and japanese indecision.

     

    so on closing, halsey made a scientific decision. he wasn't over-matched. he took the risk of decoys as acceptable. the japanese move was brilliant, as brilliant as any maneuver they made during the war. but this time, luck was not on their side, the americans had too many bases covered, and kurita was just as anxious to preserve his ships as he was of winning. this two-way thought in the japanese commander's head brought about their defeat. their only consolation: they made halsey look foolish.

     

    the article closed by concluding that both carriers and battleships performed as they were expected, that having lots of battleships and a creative commander could perform miracles. leyte gulf certainly did not spell the end of battleships as central fighting units. what did them in the long run was operating costs.

     

    Pardon me, but shouldn't that be "Halsey is informed that the vessels were Carriers"

  7. I'd

    say he is part megalomaniac and brilliant commander

    Megalomaniac -- no, Patton was just too aggressive for the British to handle (i.e. during the Normandy invasion he wanted to quickly eliminate a German pocket but Montgomery was too cautious), but Eisenhower always had a leash on him.

    Regards the slapping incident, I think he was part of the Old School of doing things...

    He's just flashy for the cameras and for the Germans....

     

    Brilliant commander -- yes, he's a tactical and logistical genius during the Bulge. :thumbsupsmiley:

    DDE was a bit too busy boinking his Female Limey WAAC driver to bother supporting his fellow American generals against his beloved 'Monty'. However brilliant Patton may have been, he almost sacrificed his army when he drove it out of fuel. That's not a logistical genius.

     

    @macbolan00: I'd love to see the rest of your post.

  8. My dad told me of tales of "guerillang manok" who really were not guerillyeros but were able to collect backpays. I remember his story of a "dynamite fisherman" who lost his right hand when the dynamite he was about to throw to the sea exploded in his hand. After the war he got himself listed as a guerillyero and claimed he lost his hand in combat with the Japs. Nagi siyang pensionado until his death. :(

     

    Well, what can I say, lots of people are genuine a$$holes.

     

    Speaking of such, in the opinion of my fellow chairborne brigade members, do you guys believe that Patton was truly deranged or was he just acting?

  9. How do you compute for the taxes for agricultural land? commercial? and residential? What is their basis to tell if your property is commercial already?

     

    I bought this property, a one story house and subdivided it to make it a 3 door apartment. the question is why from a 900 pesos tax/year, the municipal assessor is charging me a whooping 8000 / year? is the computation right?

    House = Residential, you turned it into an apartment, so there is a possibility that you are being assessed as a commercial, zoning is done by the HLURB and the BIR, better check your old assessments and the current one for any changes.
  10. This is what it was as related to me by someone who was there during the period. A retired social studies and history professor in a college in Manila he was 17 years old and barely out of high school when he together with other young men and women joined the Huks in '42-45.... "The young men and women who joined the Huks in '42-45 were not communist, sila Luis Taruc & Jesus Lava lang and their familes ang mga Marxist-Lennist. Most of those who joined are even "little brown Americans" who joined the guerilla movement to harass the Japanese to pave the way for the return of Uncle Sam and not for the "praise and glory" of the communist movement. Towards the end of the war they became disgrunted when they realized that they were being "packaged" as communist guerillas. Afraid that the "red tag" will cause them their "guerilla recognition" and "backpay" they broke ranks and joined the other guerilla groups so that they can be listed in their roster of members. Those who were unable to do so did have problems with their "backpay claims" in 1946 and "revolted". That revolt was for their back pay and not for the communist ideology kaya nga ang daling natalo eh, but writers with certain agenda wrote history with "red" in mind", so that's what you young guys are now reading".
    Tales were also told to me by my elders about this period, and while the rank and file may not have truly been communist at heart, their leaders were.

     

    Thank you for calling me a young guy. :thumbsupsmiley:

  11. hmmm... spent time thinking of that. first, it doesn't make much sense to regret not having a historical figure at your side. any developed country has its fair share of "geniuses-in-waiting." in many cases, countries have too many talents elbowing each other at the top, often with negative results. the three russian top commanders during the final drive to berlin is one example. the western command with the likes of ike, monty, brad and george is probably the best example of what i'm saying. over at the pacific, all roosevelt had to do was toss a coin: will it be nimitz or macarthur who will lead the drive?

     

    with regard to logistic support, we've seen how solid the commonwealth and even the allied coalition can be, so having a contiguous political influence over all territories isn't much of an advantage (think russia during world war 1.) what's important is you have the major industrial and population centers on your side. you'll be hard to beat in such as case.

     

    lastly, the UK was as rich as a superpower can be going into world war 1. but see how the war bled it dry.

    I was actually speaking of the latter quarter of the 1700s and the first half of the 1800s, pretty much pre-Industrial Revolution era. Many, if not most, of the European nations had aristocratic officer corps, most of whom were pretty lousy generals (see Lord Cardigan, Lord Raglan), come to think about it, lots of American generals were also pretty insipid.
  12. If such is the case, am I right to assume that the buyer can proceed with the payment of the cgt by himself without the physical participation of the seller as in the filing and signing of the appication to pay cgt etc. Or does the seller have to be present to sign the documentary requirements needed in paying the cgt?
    It would be smarter if the seller himself accompanies the buyer to pay the CGT, or at least a trusted representative. Normally though, there is no need if he trusts the buyer to pay the proper amounts and fill up the paperwork for him, but the buyer needs a copy of the receipt so that when its time to pay his annual taxes, he can prove that he paid the CGT.
  13. so bir will not go after the seller kund hindi pa nababayaran yung cgt for a long time?(unlike unpaid real estate taxes). So inspite of the fact that according to law payment of cgt is the obligation of the seller, he can just forget about it after the consumation of the sale?
    If as you had previously stated, the notarized Deed of Absolute Sale specifies that the buyer will be paying for everything, then yes, technically the seller can pretty much forget about everything else. However, it behooves the seller to have the buyer settle everything ASAP of course.

     

    so that's the broker for, ok.

     

    if i furnish a special power of attorney so that my dad can transact in my behalf, will GSIS honor it?

    Special power of attorney so that he can handle the paperwork for you? Yes, that is also possible. On the other hand, during the actual signing of the Deed of Absolute Sale, you have to be here to sign it.
  14. the seller is GSIS right? my neighbor here directly acquired the property from GSIS, how is that?
    Certainly you can handle things yourself if you have the time and are willing to put in the effort. The only reason to use a broker is to help facilitate things for you as you have stated you are an OFW.
  15. a bit complicated pala, akala ko pupunta lang ng GSIS then inquire if available pa yung naka post sa website nila na foreclosed property. ok will try to seek help from a broker na lang, but if mag broker ba ko may cut sila? kasi posted na sa web yung amount ng property.
    Brokers get their commission from the seller, however financial institutions only deal with duly licensed brokers.
  16. hi sirs/mams,

     

    planning to acquire a gsis foreclosed property (house&lot), need help on the following:

     

    1. ano ba documents required? im an OFW.

    2. may preferred ba ang gsis na bank kung saan dapat may acct ka, meron kasi ko BPI.

     

    additional info is appreciated.

     

    thanks po!

    The requirements are all pretty much the same as listed above which I will reiterate here once more.

     

    1. Obtain Certified True Copies of the latest Tax Declarations from the Municipal or City Assessor's Office. (Get around 2 or 3 copies depending on the city, one of which must be stamped for BIR use.)

    2. Obtain Certification of Tax Clearance of Real Estate Taxes from the Municipal or City Treasurer's Office. (2 copies preferred, one for the BIR and the other for the RD.)

    3. Obtain Certified True Copies of the Transfer Certificate of Title from the Municipal or City Register of Deeds. (At least 2 copies, one for the BIR and the other for the Municipal/City Assessor's Office.)

    4. Sign and have notarized the Deed of Absolute Sale. (Have at least 5 copies, 7 copies would be preferable.)

    5. Submit the papers to the BIR, pay the CGT (or EVAT depending) and Doc Stamps and obtain the CAR.

    6. Payment of the Transfer Tax at the Municipal or City Treasurer's Office, if the seller is a business, pay the applicable Business Tax as well.

    7. Apply for registration with the Municipal or City Register of Deeds. (Yes more payment again)

    8. Apply with the Municipal or City Assessor's office for the issuance of a new tax declaration in the name of the buyer.

     

    Ideally you would find a reputable and licensed broker to assist you in your purchase as sometimes certain financial institutions may try legal mumbo-jumbo when it comes time to offload their seized assets.

  17. your scenario does not have much variance on production and logistics as today. as for US-UK relations, it has never been seriously threatened since WW1.

     

    what i do know is that in the years before august 1914, west europeand countries, along with the US and commonwealth nations were close to entering a one-on-one war many times. the span-am war was just one "hot example."

    I meant that for example, if the American Revolution never occurred and that instead King George III had been a more reasonable man who turned his North American possessions into the Vice-Royalty of North America. The spread to the west from the Eastern seaboard occurs on time, and that the vitality of the colonialists would be harnessed by the English Commonwealth.

     

    That instead of sapping English strength from the Napoleonic Wars with the War of 1812, the Americans would and could instead have sent their own reinforcements, most likely under Winfield Scott.

  18. Its a new year, so let's see if we can refresh this thread a little.

     

    In a what-if scenario, let's say that the British crown never lost their North American colonies (i.e. that the 13 colonies did not go into revolt), how would that have impacted in the major wars following that era, let's say the Napoleonic Wars and the Crimean War?

     

    Assuming that the butterfly effect did not wipe out the renowned officers and generals of the colonies and that with the expansion into Amerindian territories proceeding forthwith, and that the British crown would recognize and ennoble those who have distinguished themselves in the Vice-Royalty of the North Americas.

     

    With the assistance of the manpower of the North Americas and access to minds and generalship of General Sir Winfield Scott and General Sir Andrew Jackson and their like, could the British have defeated Napoleon faster and perhaps imposed their control over the French?

     

    With the aid of General Sir Robert Lee, General Sir James Ewell Brown Stuart, and their like how would the Crimean War have been different?

  19. Your method makes more sense Maester, and is more detailed as well.
    Well maester its from years of dealing with various bureaucrats in the government. Actually I hear that some new conditions may be added soon.

     

    if the deed of sales states that cgt and other fees and taxes is for account of the buyer, what happens to the seller if cgt and doc stamps is not paid within the deadline. of course there will be penalty fees but would the bir eventually run after the seller if the cgt etc. remains unpaid after a long time since by law it is the responsibility of the seller to pay the cgt? (assuming buyer takes his sweet time to transfer property in his name)
    The buyer is the one that gets screwed since he can't transfer the title without paying the CGT (or EVAT) and the Doc Stamps, if the buyer takes his sweet time, then he gets the pleasure of paying the penalty which can quickly accrue to stupendous amounts. I personally know one transaction wherein the buyer declined the assistance of the realtor and ended up paying almost 5 times the amount of taxes just to finally transfer the title.
  20. This is the first time I heard somebody call the "Nenita Unit" as a death squad, they were so far the most disciplined unit created within the AFP after the war. For a starter ,no one is accepted or kept in the unit if his waistline is more than 34". The name of the unit was taken after the name of a woman who was rape tortured and killed by the Huks. If you are talking of death squads in the Central Luzon baka you are talking of the "Monkeys" and the "Beatles" (one is pro government and the other one is leftist, I just can't remember which is which), but they operated in the 60's and not in the 50's during the time of the Nenita Unit. As for the Huks turning into the CPP NPA mukhang hindi ganuon iyon. Luis Taruc of the Huks was never a fan of "Amado Guerrero" who started the CPP NPA movement. The Huks were originally a guerilla movement against the Japanese kaya nga ang pangalan eh.."Hukbalahap or Hukbong Bayan Laban sa Japones" but started to fight the government when their demand for payment for their services against the Japanese was not met by the government after the war.
    You do realize that the Huks were the fighting arm of the Partido Komunista ng Pilipinas (a Marxist-Lenist group), an organization Taruc joined in 1935. The PKP is the forerunner of the CPP (which were Maoists) while the Huks were the forerunners of the NPA.

     

    As for the Nenitas, they operated from mid 1946 to late 1949 as the local version of the death squads of South America. I think you are probably referring to the multiple Army units that operated in the 50s with a "hearts and minds" campaign as the disciplined units.

  21. The Mongols didn't need to bring supplies. They drank blood from their horses and ate them if need be.
    Actually they normally drank the milk that the mares produce. Each trooper would have up to 4 or 5 remounts, all of which were mares, thus they could milk the mares for milk which is kept in horsehide bags and tied to the saddle to ferment resulting in a slightly sour drink that is lightly alcoholic and has a high nutritional value. In addition they lived off the land, collecting all animals in the area, they prize killing cattle since they slice the meat into fairly thick chunks that they then put under their saddle, the meat is tenderized by the bouncing of the trooper during the day's travels, an Arban (10 soldiers) could live off 1 cattle for the entire week, supplemented by the Kumiss (the fermented mares milk), if necessary, the Mongol troopers could even live entirely off Kumiss for a week.

     

    However, as a general rule, each Tumen (10,000 troopers) would have their families traveling with them, even during times of invasion (that is when the Mongols were invading others.) The families would often be in the rear, or in cases of a Hordu (2 to 5 tumens operating together), then the families move combined. This helps inspire morale since the troopers can't just break ranks and flee, not with their families in much slower wagons. The other thing about having families is that most of the time, these non-combatants would be the ones gathering grains and livestock, killing them and turning them into usable items. A cow for example has the hide stripped off to help make saddles or boots or pants or tents. The hooves are melted and used as a glue to help make arrows. The softer cuts of meat is smoked and sent with the troopers, made more tender by the pounding of the hooves of the mares as they sit under the saddle and above the saddle blanket. The tougher cuts of meat is dried and ground up, then packaged into long lasting rations that just need to be added to boiling water, sort of a primitive version of instant soups.

     

    So yes, while the Mongol trooper can indeed live without supplies, for a longer period than his European or even Middle Eastern counterparts, he still relies on a very well organized, traveling supply chain.

     

    At the same time, they toyed with their opponents by sometimes sending them on a wild goose chase then after days of pursuit by their enemies, they would turn back to face them and annihilate them.
    This mobility and long-distance coordination was unparalleled at the time, causing most of their foes to assume that Mongol armies were anywhere from 3x to 10x bigger than they actually were which is why the term Hordes means vast number in English.

     

    In terms of cavalry tactics, the Mongols were the best at that point in time. They would have routed any European power. I believe Genghis Khan's cavalry tactics are taught in prestigious military schools like Westpoint and Sandhurst.
    I agree, they would have routed any European power they faced at the time. However, in a straight out head on battle (something they avoided, preferring to attack from flanks and the rears of the enemies, or even bypassing them entirely), the heavier armored knights with their massive war destriers would have made mincemeat of any Mongol trooper dumb enough to stand in their way (not that they would have.)
  22. Nabebenta po ba ng legal ang isang property kung 2 yung nakapangalan like kunwari kaming mag asawa ang nakapangalan pero ibebenta ng asawa ko yung property namin without my consent :D

     

    thanks

    If the property is listed under both your names, it cannot be sold without both signatures, or with your wife's signature and a Notarized Special Power of Attorney signed by you.
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