ruleroftheland

A case must first be filed in order for the court to issue a freeze order. There must also be sufficient evidence in order for the court to issue such orders.

It will take time before any court order is issued. The court may not even inquire into the bank deposit if the case can be decided without resorting to such means.

@bizman

As a general rule, all deposits of whatever nature in banks and banking institutions are absolutely confidential in nature. Any person who violates this, may be made liable under ra 1405. There are exceptions to this rule, please read secrecy of bank deposits (ra 1405). If you have any questions regarding the same, please feel free to post on this thread.

Visitation rights and the responsibility to support your children are separate and distinct. The fact that you have delayed giving child support money is not a ground for depriving you of your visitation rights.

I presume that you have been giving regular monthly support to your children and it is only on this occasion that you have deliberately delayed your financial support. Delay of 17 days is not a sufficient ground for the filing of violation of VAWC based on economic abuse. I suggest that you keep file copies of the receipts of the financial support that you have been giving you children.

You are right in saying that the obligation to support children should be shouldered by both parents, however, the law presumes that your wife is also supporting your children since she is taking care of them. However, this presumption may be controverted by evidence.

Yes it is possible to request a proper accounting of the expenditures, but this may work to your disadvantage if it is shown that the support you are giving is not enough. This may be cited as reason to increase financial support.

If she still denies you your visitation rights, a proper petition may be filed in court.

@ Cleoerwin

If you have an NSO birth certificate, use that one for purposes of applying for a VISA. However if the name you are using is different from that of the name in your NSO birth certificate, you have to execute an affidavit of discrepancy.

file a petition for habeas corpus.

@spadon

By reason of the naturalization of your uncle, he has lost his filipino citizenship and is considered an american citizen. Therefore it is the laws of america which which will govern the successional rights as well as the forms and solemnities of wills in you uncle's case. (just my opinion)

1.) Technically,the interest rate is legal. The law regulating interest rates (usury law) has already been repealed therefore parties to a contract may stipulate an interest over and able that of the normal interest rate which is 12% per annum. Therefore,since you entered voluntarily into a valid contract the interest rate is legal.However the court may temper the interest rate if it finds that the interest imposed is unconscionable (shocking to the conscience).

2.) You may enter into a compromise with the lender if the lender is willing to waive the penalties. I suggest that a payment scheme acceptable and favorable to both of you be made, for example, you may offer to pay earnest money initially and then pay the remaining balance in several installments.

3.) The lender may have a case against you for estafa and/or violation of BP 22. Again,the best strategy is to talk to the lender and explain that filing a criminal case against you will not be profitable for them considering that it may take years to litigate the same and cost more that what was originally owed.

In short and simple language, compromise.

Hope this helps a bit!

san miguel ung malt

Ma-ling!!

Bar Exam

leo here!