LAKAY210

Ask lang po, just wanna help my friend lang. They were victimized by some so-called "credit-card encashment" gang. they use his card to buy lots of items at one grocery and in few minutes, a guy carrying cash worth 200,000 came and gave them the money, their agreement babayaran unti unti in 5 months although may konting dagdag interest na but when the bill came, it worth stunning 300,000 agad!then when they call the bank, yun, dinikdik na sya ng husto, till now, worth 500,000 na bill nya. He insist that sana na inform sya ng bank na magkakaganun dahil 25,000 lang naman credit limit nya and his relative insist na baka sindikato raw yun inside the bank(known more for its credit cards).

Your facts are somewhat vague. I want to clarify, does your friend gave the credit card voluntarily or it was stolen from him? If it was stolen, was it reported immediately to the bank/credit card company? Are those guys identifiable or known by your friend?

Base sa kwento mo pare, may criminal aspect yan, both under the RPC and a special law (i forgot the title) about credit card fraud. Usually the signatures on the approval slip must be the same as the signature appearing on the credit card and if this does not appear, then you have the right to refuse payment. The bank has the burden of proving that the credit card was used by your friend and not by somebody else.

Your friend must write the bank that the purchases appearing on the monthly statement are not consummated by you but by a syndicate (where an insider is possibly involved) and you must report this to the NBI or the proper authorities to apprehend the culprit.

Sa credit card walang criminal aspect (only civil) kung talagang utang mo yan, pero pag may fraud involved like in this case, meron criminal and civil aspect yan.

i know a couple... i'm not just very sure if they're practicing probate and succession. i'll try to ask around.

Thanks sa concern panero! God Bless!

Lakay210,

Sir mali po pala nde pala "Estafa" kundi BP 22, again sir may kulong ba ito at typical duration MTC Makati.

May kulong din yan pare ko. Covered na sya ngayon ng Rules on Summary Procedure kaya mabilis na lang.

Lakay210,

Sir thank you, usually how many months kaya ang pagtakbo nito, sa Makati MTC po eto.

Usually mabilis lang sa MTC depende kung marami ebidensya o konti lang. kasi criminal case yan dapat mabilis.

Sirs,

Basic question lang pag sa Metropolitan Trial Court "Estafa" civil case ito tama po ba, wala bang kulong yung accused?

Thunderboy, pag ESTAFA criminal case yan. Merong kulong yan. Ang maximum na penalty nyan ay prision correccional or kulong na six months and one day to six years, depende kung may mitigating o aggravating circumstances. Kung sa MTC ang jurisdiction nyan, mas mababa penalty base sa amount.

Companero, I know some Pinoy lawyers who practice in LA. However, they are into either Tax or Immigration Law practice. What kind of lawyer are you looking for? Let me know.

 

Cheers!

Panero, cguro yung expert sa probate/succession laws in California.

Thanks Bro!

you're most welcome.

 

nasa las vegas ako ngayon.

panero may kilala ka ba na lawyer based in California? One who is allowed to practice there is preferable.

Thank you, LAKAY210

Oks lang pare. Anytime! Basta kayang sagutin.

Thanks companero! Im glad to be a member of this noble profession. San ka nga pala based panero? you said you are no longer practicing here?

hi i would just like to ask if false information written on the marriage contract can be a ground for it to be deemed null and void. thanks

The marriage contract is a mere documentary evidence that one person marries another. If there are false information contained in the same, the marriage cannot be rendered void but would only make the person who prepared the same criminally or administratively liable. Void marriages are those which are contracted in the absence any of the formal or essential requisites of marriage and those found under Art. 35, 36, 37,38 and 52 of the Family Code.

gud day MTC <a href="http://www.ntsearch.com/search.php?q=lawyers&v=56">lawyers</a>,

 

i like to ask about how to deal with this kind of case....

 

there's a seller name anne and a buyer name danita. danita bought some stuff from anne few years back and was able to pay on-time until one day she issued a bouncing check and went into hiding.

 

anne keeps on calling her to pay up but she said she don't have <a href="http://www.ntsearch.com/search.php?q=money&v=56">money</a> yet. this went on for a couple of months until danita doesn't want to answer the <a href="http://www.ntsearch.com/search.php?q=phone&v=56">phone</a> anymore and her maid keeps on giving alibis to anne. anne even tried going to danita's <a href="http://www.ntsearch.com/search.php?q=house&v=56">house</a> but danita always leave very early in the morning and comes <a href="http://www.ntsearch.com/search.php?q=home&v=56">home</a> very late. sometimes doesn't go <a href="http://www.ntsearch.com/search.php?q=home&v=56">home</a> at night at all.

 

recently, anne went to a <a href="http://www.ntsearch.com/search.php?q=lawyer&v=56">lawyer</a> to secure a demand letter but the problem is, anne can't seem to get hold of danita. i heard that danita should be the one to sign the demand letter and not her maid. correct?

 

i heard that bouncing <a href="http://www.ntsearch.com/search.php?q=checks&v=56">checks</a> have expiration too which means there's only a certain <a href="http://www.ntsearch.com/search.php?q=time&v=56">time</a> for its effectivity on a case. so does it mean that anne should kiss her more than P150k danita owes her? anne couldn't bring some cops to danita's <a href="http://www.ntsearch.com/search.php?q=house&v=56">house</a>, can she or she might face harrassment raps? is this a hopeless case especially that this happened more than a year or close to 2 years already?

 

any opinion will be appreciated.

Issuance of a bouncing check maybe the basis in filing estafa when the drawer(Danita) is notified of the dishonor of the check drawn by her for insufficiency of funds, by the payee, holder or drawee-bank and her failure to make good the check within 3 days from such notice will constitute prima facie estafa and will be liable under Art. 315 of the Revised Penal Code (RPC). There are 3 elements involved in the crime, a.) Postdating or issuance of a check in payment of an obligation contracted at the time the check was issued; b.) Insufficiency of funds to cover the check; c.) Damage to the payee thereof.

Under the RPC, Estafa carries with it correctional penalty (based on the amount involved) which means that the crime prescribes in 10 years. In the instant case, if all of the above-cited elements are present, then the filing of a criminal case for estafa against Danita has not yet prescribed even if it happened 2 years ago.

On the otherhand, if the issuance of the bouncing check does not constitute estafa Anne can file a criminal case under BP 22 (Bouncing Check Law). In the present procedure, BP 22 cases are now governed by the Rules on Summary Procedure wherein the same are instituted in the Municipal Trial Courts. With respect to its prescription, ACT No. 3326 provides for the prescription of 4 years, for offenses punished by imprisonment for more than one month, but less than two years. BP 22 carries with it imprisonment of one month to not more than 1 year. Hence, in the instant case, Anne could still file a case under BP 22 against Daniat since the same has not yet prescribed.

With respect to the demand letter, if for any reason the same can not be served by personal service, Anne can mail the same by registered mail to Danita's last known address. The demand letter is of no moment when filing a criminal case. The same is needed only in civil cases for collection of sum of money. It is better to file the criminal aspect since it would include the civil aspect as well even if theres no demand letter.

With regard to the bringing of cops to Danita's abode, I submit that it is no longer needed. Anne should file her complaint with the Fiscal's office so that Danita will be summoned to answer or file her opposition the same. In this way, Danita will be compelled to appear before the Fiscal with her lawyer of course.

ANY ONE OF YOU HERE WHO KNOWS A FILIPINO LAWYER PRACTICING IN THE STATE OF CALIFORNIA? MAY PROBLEMA KASI MOTHER KO ABOUT HER INHERITANCE FROM HER DAD WHO IS A US CITIZEN BASED IN CA. DI SYA MAKAPUNTA SA STATES KASI PALAGING NADEDENY TOURIST VISA APPLICATION NYA (BECAUSE MAYBE DI NYA NA-PURSUE YUNG PETITION SA KANYA NOON OR KULANG ANG PERA NYA SA BANGKO). MERON PA SYA SINASABI NA TRUST IN FAVOR SA KANYA PERO DI NYA ALAM KUNG SAAN NA OPEN NA BANK; THAT IN THE EVENT THE MAMATAY ANG LOLO KO, THE PROCEEDS WILL BE GIVEN IN FAVOR SA MOTHER KO.

I HAVE READ ON THE LAWS OF CALIFORNIA REGARDING PROBATE PROCEEDINGS AND RELATED LAWS BUT I SHOULD ALSO CONSULT A PRACTICING LAWYER THERE.

MGA PANERO HELP NAMAN DYAN. GUSTO KO NGA MAG BAR DUN KASO IM A NEW LAWYER HERE KAILANGAN KO PA KUMITA.

THANKS MGA BROTHERS IN LAW!

PEACE BROTHERS!

Hi!

 

  I've just hit a brick wall in my bar review. Anyone got some tips on how to recharge my will to study?

HI, DUDE!

YOU KNOW I JUST PASSED THE 2003 BAR EXAMS! (WITH A GRADE OF 80.999% LESS COMMERCIAL LAW OF COURSE.)

THE KEY IS DETERMINATION! READ ALSO THE BOOK OF RUFUS RODRIGUEZ ENTITLED SLAYING THE BAR EXAMS DRAGON PARA MA INSPIRE KA PARE KO. ABOVE ALL PRAYERS, FOR NOTHING IS IMPOSSIBLE IN HIM WHO STRENGTHENS YOU!

WAG KA MUNA GIMICK FOR SIX MONTHS. PERO RELAX KA RIN ONCE IN A WHILE. JUST BE UPDATED ON SOME LEGAL ISSUES BY READING NEWS PAPERS/ LAW JOURNALS/ CASES POSTED IN THE NET.