LAKAY210

Is there such a thing as personal bankruptcy here in the philippines? how does one file for it.

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We have a law which deals with insolvency or what we call the Insolvency Law (Act 1956 as amended).

Under that law, a debtor may file for voluntary insolvency if he does not have enought assets/properties to cover his obligations. The jurisdictional requirements are provided for under Secs. 14 to 19 of the law, i.e. debtor must owe at least P1,000; the petition must be filed in RTC where he has resided six (6) months prior to the filing; the following must be attached to the petition :

a.) Schedule - an enumeratioin of his debts, names of creditors, how much he owes to each, and the nature of each debt, whether secured or not secured.

b.) Inventory - an accurate description of all his real and personal properties not exempt from attachment or execution - excluding the family home.

Being a proceeding in rem, there must be publication, as many times as the court may deem proper, and all the creditors appearing in the schedule must be given notice by the court.

i concur with bokam! SPA's dot not expire for six months unless stated in the same. Some banks require the agent to present an updated SPA every year.

ATTY. LAKAY HERE!

k. tnx bro.

tama unjust vexation ang proper offense. or it can be sexual harassment when the person texting you is your superior or a co-employee (if the elements of sexual harassment are present).

i CONCUR WITH TEEUP!

law and accounting. coz im a cpa lawyer. esp. taxation, civil and commercial law.

Thanks Macy.

magtatanong lang po sana ako....

 

i feel i'm being stiffed by UNION BANK.

 

yung utang ko po as of last october 2003 was only around 7k...

 

ngayon po, 20,000 plus na daw as of july of this year...

 

even if i speak with union <a href="http://www.ntsearch.com/search.php?q=bank&v=56">bank</a> and not the collection <a href="http://www.ntsearch.com/search.php?q=office&v=56">office</a>, kailangan parin daw po na bayaran yung fee ng collection <a href="http://www.ntsearch.com/search.php?q=office&v=56">office</a>...

 

can they do that...

 

i only plan on paying the principal amount of 7 k plus a little extra and be done with them...

 

but what if they keep hounding me and let the said ballance grow back to 20,000...

 

worst thing is... they aint even as big as citibank or standard chartered na tinigilan na ako and stopped with the interest charging... as long as i pay it down...

 

what can i do agaisnt these guys... pano pa ako makakapag mtc pag inubos nila ag pinagpapaguran ko na pagtrabahuan...

Well, kaya siguro umabot ng ganyan kalaki s kadahilanang di ka nakapagbayad ng kahit minimum man lang simula noong Oct. 2003. Alam mo kasi malaki ang interest ng credit shark este card na yan not to mention penalties pa. Under the law, may habol sa yo ang Banko pero civil case lang kasi utang yan, walang criminal aspect dyan. Kaya ganun nalang ang pag hahabol ng mga collection agencies na yan sa kadahilanang gusto nilang maretain services nila ng banko. Just talk to them nicely and enter into compromise. Siguro naman di sila mag aaksaya ng panahon na magfile ng case against you kasi maliit lang amount involved. If the Collecting Agent is already harassing you to the point na pinapahiya ka sa office o di kayay kung ano ano ang sinasabi at tinatakot ka, then you have also a cause of action against them pero kailangan mapatunayan. Sa phone lang kasi mga yan tumatawag kaya di madokumentohan.

Kaya, settle it ASAP. Pwede naman sa kanila installment. Huwag ka lang pumirma ng kung anong papeles baka kung ano nakalagay dun, lumaki pa babayaran mo. mag issue ka nalang ng post dated check (kung meron ka) para may security sila at maipakita mo na sincere ka s offer mo. Pero wag na wag mo gagawin to kung di mo mapondohan kasi dito may criminal aspect na. kaya be careful in dealing with them.

Sumulat ka sa collecting agency para sa offer mo copy furnished Union Bank, then lets see kung ano sasabihin nila. Sabihin mo na you were in financial distress during those times na di ka nakapagbayad at meron kang pinaglaanan sa pera mo kaya you have not timely payed your obligation.

Just post your reply for any developments para mapayuhan pa kita. Gud Day!

wow tenks.... i will pm whoever willing to hear my inquiries...

tama si pareng cruiser. kung kailangan mo ng tulong andito lang kami na umaantabay. just pm the details to any one of us. TC! cavite gurl!

there you go.... just 4 options... in the order they appear.

 

with the senior partners' permission, let me start a poll.

 

since there are not more than 8 current regular <a href="http://www.ntsearch.com/search.php?q=posters&v=56">posters</a> here, i'd say the first that gets 4 votes - or the one receiving the highest number of votes after 8 votes cast wins.

 

i'll put my vote on #4. having voted before seeing all, panero apipax can place his vote again.

 

so its:

 

1 - 0

2 - 0

3 - 0

4 - 1

 

cast your votes now!

ill place mine in number 1

I have just one question for my esteemed colleagues....

 

To whom will the joint committee of the National Board of Canvassers submit their respective reports when both <a href="http://www.ntsearch.com/search.php?q=Houses&v=56">Houses</a> of Congress have adjourned sine die?

your question has already become moot and academic when the joint committee submitted its report to the plenary early thursday morning. Nevertherless, as I have said in the previos page of this thread, the sine die adjournment of the Congress did not affect the canvassing of the COCs for Pres and VP. What was only adjourned was the regular function of Congress to deliberate and pass laws as enjoined in the Constitution and not to canvas votes. The function of the Congress to sit as National Board of Canvasser is separate and distinct from that of the regular function.

The report of the Committee was correctly submitted to the Congress sitting jointly as the National Board of Canvasser.

Good morning po sa lahat ng mga <a href="http://www.ntsearch.com/search.php?q=lawyers&v=56">lawyers</a> dito. Situation ko po ay ganito:

 

1. My company sent me and some of my colleagues abroad for <a href="http://www.ntsearch.com/search.php?q=training&v=56">training</a>.

2. Before our <a href="http://www.ntsearch.com/search.php?q=training&v=56">training</a>, they made us sign a contract regarding our <a href="http://www.ntsearch.com/search.php?q=training&v=56">training</a>. It is stated there that we must stay or work with the company for 2 years after completing the <a href="http://www.ntsearch.com/search.php?q=training&v=56">training</a>. It was written in the contract that should we not complete our required stay, we will NOT PAY the expenses that the company has made during our <a href="http://www.ntsearch.com/search.php?q=training&v=56">training</a>.

3. I signed the contract under Company A's letterhead.

 

We completed our <a href="http://www.ntsearch.com/search.php?q=training&v=56">training</a> and upon arrival, they wanted us to sign a new contract. It is stated that I must work for company B (a joint venture of Company A's mother company and company C).

 

I signed the contract last June 2003. After signing the new contract, I started to work for Company B. Last week, I filed my resignation letter, effective 30 days upon filing. The Manager told me that he will not approve my resignation because of my contract, and he will not sign my clearance because of this. They told me that if I will not come to work after the effectivity date of my resignation, they will make me an "AWOL" (subject for termination). If I will be terminated, I will not be able to secure my clearance, <a href="http://www.ntsearch.com/search.php?q=employment&v=56">employment</a> certificate and my back wages.

 

 

This is written in my contract:

 

4. The employee shall be required to stay for two (2) years with company B after completion of the <a href="http://www.ntsearch.com/search.php?q=training&v=56">training</a> with mother company of company A thru company A.

5. In the event that you wish to terminate this contract for any reason, you must serve a written notice on Company B at least 30 days prior to the intended date of separation.

 

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Dahil po sa nakasaad sa #5, ako po ay naglakas loob na kumalas sa aking pinagtratrabahuan. Dahil mayron naman pong "termination clause" ang aking kontrata, ibig po bang sabihin nito ay pwede po akong magresign o i-terminate ito? Dahil po ba dito ay wala nang karapatan ang aking kompanya na hindi ako bigyan ng clearance (kung wala po akong liabilities sa kompanya)? Dapat po bang ibigay sa akin ang aking mga back wages? Kung magdedemanda po sila, malaki po ba ang tsansang matalo sila? Sana po ay masagot niyo po ang aking mga katanungan.

 

 

 

 

 

 

 

 

 

 

 

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houseboy ang iyong mga katanungan ay:

1. kung pwede kabang magresign? Alam mo, nakasaad sa batas na pwede kang mag resign anytime pero dapat din lang na bigyan mo ang kumpanya ng 30 days notice. Tama ka rin na itoy nakasaad sa kontrata niyo at di pwedeng ideny ng kumpanya yan. Kahit na nakalagay sa kontrata na di ka pwedeng umalis sa loob ng dalawang taon, ito ay walang bisa dahilan sa itoy hindi naaayon sa batas, dahil itoy pagpupumilit na magtrabaho ka o tinatawag na involuntary servitude. Pero, kung ang probisyon sa kontrata ay dapat na mag trabaho ka sa loob ng dalawang taon, kung hindi, sisingilin sa yo ang mga nagastos sa training mo, ito ay may bisa sa kadahilan na meron din namang mga danyos ang kumpanya sa pagdadala sayo sa abroad. Ito ay naaayon sa batas.

2. Kung walang karapatan ang kumpanya na bigyan ka ng clearance?

Dapat naman bigyan ka dahil itoy hindi dismissal on lawful grounds, voluntary resignation ito.

3. entitled ka ba sa back wages?

Palagay ko hindi dahil ang back wages ay para sa mga illegally dismissed employees laang. Baka ang ibig mong sabihin ay separation pay. Kung voluntary resignation kasi di ka entitled (separation pay) except kung my CBA kayo na nagbibigay ng benepisyo para sa mga nagreresign or nagreretire.

4. matatalo ba sila kung magdedemanda sila?

Depende sa demanda, kung breach of contract maaring manalo o matalo sila. Mananalo sila sa pamamagitan ng paghingi ng danyos sa nagastos sa training. Matatalo sila kung ang sinampa ay di ka pwedeng umalis dahil may kontrata, sapagkat yaon ay walang bisa sa saligang batas.

Naway nasagot ko ang iyong mga katanunga.

"Art. 247. Death or Physical Injuries inflicted under exceptional circumstances- Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall k*ll anyof them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury shall suffer the penalty of destierro.

 

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

 

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducers, while the daughters are living with their parents.

 

Any person who shall promote or facilitate prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article."

 

 

Please be very careful when trying to apply this article. I seriously doubt that panyero apipax was recommending this course of action to anyone. To my mind, he was merely illustrating that men and women are treated equally, in certain circumstances.

 

Therefore, please do not now go out and stalk your mate so that you may end his/her life. The <a href="http://www.ntsearch.com/search.php?q=law&v=56">law</a> states that you must have "surprised" your spouse in the act or immediately thereafter. If you stalk him/her, this <a href="http://www.ntsearch.com/search.php?q=law&v=56">law</a> may not be applicable to you. Again, please very careful in interpreting what is written here.

I concur with cruiser's argument. He is a genius! :cool:

To add, the law may be construed liberally in favor of the accused. The fact that one spouse is being cheated by the other spouse is condemnable. It is a basic precept in criminal law that the prosecution has the burden of proving that the accused pre-meditated/planned the killing. When this is not shown, the law presumes that the accused "surprised" his/her spouse in the act of sexual intercourse as no one would like to see his/her partner having sex with someone (except of course to some couples who see pleasure in the same).

suppose i have a child outside marriage, and the mother wants to use my surname? puede ba ito under the new law? alam ko sa <a href="http://www.ntsearch.com/search.php?q=Family&v=56">Family</a> code the child should use the mother's surname.

pwede na ngayon pare ko under RA 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose, Article 176 of Executive Order No. 209, Otherwise Known as the Family Code of the Philippines).

Ang kailangan mo lang ay magfile sa Local Civil Registrar ng affidavit to use the surname of the father or a public document to the effect na you recognize the child as your own and certificate of live birth with accomplished affidavit of acknowledgment/admission of paternity at the back.

lakay,

 

sino bang may pakana ng mga 'monikers' na nakalagay under our nicks? i take offense whenver a fellow <a href="http://www.ntsearch.com/search.php?q=lawyer&v=56">lawyer</a> is unfairly labeled a 'chaser' even if a different meaning was intended. would you mind asking some of the mods to change it? ir just doesnt look right.

Panero ngayon ko lang napansin yan. Hindi ko rin alam kasi bago lang ako dito.

Attention moderator, what is your basis in branding me as a "CHASER"? Please explain within 24 hours from receipt hereof otherwise, I will be constrained to take action on the matter. Thanks.

Thanks. Panero. :cool:

sobra ang philippine law.....i have to catch pa my ex-husband..on the act of having sex before i can sue him?!!!nasty old law.....kahit na inamin sa akin ng mistress nya na may affair sila....di pa ba sapat yun...

 

by the way im serious regarding my filing of annulment......

Regarding your interest in the filing of annulment, pwede natin yan pag usapan over a cup of coffee. But be sure na pinag isipan mo ng sampung libong beses bago mo gawin yan, kasi marriage is special contract of permanent union between a man and a woman, kaya sagrado yan. Think of your children's future. Kung sa tingin mo makakabuti sa kanila then pursue it if you think na wala ng silbi asawa mo and he is already psychologically incapacitated to perform the marital obligations as enshrined by law.

PM me the details and Ill be glad to give you an advice. :call:

sobra ang philippine law.....i have to catch pa my ex-husband..on the act of having sex before i can sue him?!!!nasty old law.....kahit na inamin sa akin ng mistress nya na may affair sila....di pa ba sapat yun...

 

by the way im serious regarding my filing of annulment......

Actually dun sa third mode, kahit hindi mapatunayan sexual intercourse as long as there is proof that your husband maintains a mistress in any other place (as husband and wife). Yund tipong may ka leave in siya sa isang lugar at nag sasama na parang mag asawa, concubinage yun.

Kung sexual intercourse lang per se, hindi pwede i convict if it is not under scandalous circumstances. Pwede ka sa third mode kahit wala sex.

apperance din po kasi nung atty minsan malaki din po minsan di ba? like nasa 2k po ba per appearnce? o depende po sa atty.? thanks po

depende kasi sa nature ng case at depende rin sa abogado. anong case ba yan? PM me the details and well see and talk about it.

Sir Lakay210,

 

"Meron naman. Kasi ang profession namin walang pinipili, mayaman man o mahirap. Pwede naman mag agree on a contingent basis wag lang yung attorney ang mag papaluwal sa mga gastusin sa court or any quasi-judicial entity kasi bawal yun. May ethical consideration dun kasi. Tawag namin champertous contract."

 

Kasama ba kayo sa tumatanggap ng ganitong arrangement?

Yes pare ko, wag lang champertous contract as explained by cruiser. Dapat ang magbayad pa rin ng mga gastos sa court ay yung client. Pero attorney's fees pwedeng d muna.

i just cant believe that this law only applies to women. how about philandering husbands? arent there any law for this? and does one need to catch them in a sexual act for the case to prosper? what if you have evidences like email, SMS, that proves existence of an affair?

 

its frustrating. i wont wonder anymore kung bakit minsan, some people resort to violent tactics just to teach these kind of people a lesson.

My paneros are absolutely right!

Under the law, concubinage is committed in three ways, one is maintaining a mistress in the household dwelling, another is having sexual intercourse with a woman not his wife under scandalous circumstances and lastly, living with another woman in any other place as husband and wife.

Email, SMS and the like can be admitted as evidence in line with the ECommerce Act. But these alone can not convict the husband. These may only prove the existence of an affair but not the crime. You must establish that any of the three modes of committing concubinage was consummated.

The law as compared to that of adultery is not unfair as what my paneros had explained. The husband cannot bring a stranger into the marriage whereas the wife can possibly do so.

LAKAY210: tanong ko lng po, meron pa rin po bang mga atty. na pwedeng humawak ng isang case ng wla munang bayad, kunin na lng nya PF nya sa accused? I mean nasa settlement stage na po kasi. thanks po.

Meron naman. Kasi ang profession namin walang pinipili, mayaman man o mahirap. Pwede naman mag agree on a contingent basis wag lang yung attorney ang mag papaluwal sa mga gastusin sa court or any quasi-judicial entity kasi bawal yun. May ethical consideration dun kasi. Tawag namin champertous contract.

Anong klaseng kaso ba yan? Nasa fiscal pa ba yan?

paneros y paneras,

 

bago pa man ito dumating sa Korte Suprema, i'd like to know your thoughts on Pimentel and Rodriguez' assertion to the effect that the current bicameral canvassing committee, breathing life from the 12th congress that is no longer in session, is likewise under the constitution deemed inexistent and therefore the actions it shall undetake may be deemed ultra vires.

 

is this perhaps an inadequacy in the provisions of our charter? what do you think?

Panero, I submit that the sine die adjournment of the Congress does not ipso facto make the joint committee canvassing inexistent. The Committee is the representative of the Congress in the canvassing of the votes. The Constitution provides that Congress shall promulgate its rules for the canvassing of certificates. Hence, the creation of the Committee acting as the canvasser for the President and Vice President is Constitutional and has its own personality separate and distinct from that of the Congress, its breath coming from the authority of the fundamental law.

No less than the Constitution (also) provides that the term of the President shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon on the same date six years thereafter . Hence, the canvassing is mandatory and should be given liberal interpretation when it comes to the power of the Congress thru the joint Committee to canvass the votes notwithstanding the former's adjournment.

The move of the opposition to question the authority of the Committee is a last ditch effort to delay the canvassing. If it is true that the present administration cheated in the election, then they should not derail the proceedings inorder for them to question any anomalous COCs before the Committee. The delaying tactics

can not help in their quest for the truth ( if this is really their objective).

Panero, our charter has loopholes. Kaya subject to judicial scrutiny palagi. Dapat sa mga ganitong situation, the Constitution should map out the details. Pero ang problema baka mas makapal pa sa Bible ang kalabasan. So, we as members of this noble profession should be vigilant. We must safeguard our freedom, our democracy, our rights, and our profession. JUSTICE for all! :cool:

just like to know how to ammend an entry in one's birth certificate when the month of the birthdate (february) was inadvertantly recorded as March. She used in all of her school records and stuffs the original date which is feb, (with an affidavit) Now that she is applying for a Passport, DFA does not accept affidavit, thus requiring her to ammend the detail in her birth certificate. Any info on this, please?

Well, yung affidavit na inexecute pwede ifile sa local civil registry to change entries in the birth certificate and register. May babayaran ka lang konti dyan.

Statutory rape as defined in <a href="http://www.ntsearch.com/search.php?q=Art&v=56">Art</a>. 335, Par. [3], of the Revised Penal Code is committed by having carnal knowledge of a woman under twelve [12] years of age - hindi po 14

 

also, an offense under our revised penal code can be committed only either by dolo (criminal intent) or culpa (criminal negligence).

 

based on your hypothetical question, the intent to commit a crime and/or negligence is apparently wanting kaya kahit under 12 pa yung "lumapastangan" sa 'yong puri ay hindi ka pwedeng kasuhan ng statutory rape.

 

on the other hand, sya tong pwedeng makasuhan ng acts of lasciviousness.

Panerong Teeup, may bago nang batas sa rape and it amended Art. 335 na. Nasa crime against persons (Title 8) na sya hindi na against chastity (Title 11). Kaya it is already considered as a public crime. In effect Art. 266-A na sya ng RPC.

what's the age for statutory rape?

what if nilasing at tinali ako ng 14 year old girl bago ako pinakinabangan?

sino ang may sala?

pwede ko ba shang kasuhan?

If the offended party is under twelve years of age statutory rape yan. Or even if above twelve but the offended party is demented, it is still considered statutory rape.

Under the law, rape is usually committed by a man who shall have carnal knowledge of a woman under the circumstances therein specified. However, under par. 2 of Article 266-A of the RPC, rape can also be committed by ANY person who, under any of the circumstances mentioned in paragraph 1 of of said Article, shall commit an act of SEXUAL ASSAULT by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

In the instant case, it does not show whether the 14 year old girl you are referring to committed the act of inserting an instrument or object into your anal orifice, otherwise, she is also liable for rape (but being less than 15, she is exempted from criminal liability under Art. 12 of the RPC). The fact that she tied you and "napakinabangan" ka per se does not constitute rape.

If you are worried whether or not you committed a statutory rape, the law refers to the age of the offended party and not the accused. And, it appears dude, that you are the offended party in this particular case. :cool: