YellowPanda

Current: In house legal

Dream Job: Business owner, preferably food related (i.e. Bar or small but popular speakeasy place)

When something seems to be going so well, but it suddenly just doesn't, and you have no idea why because you were left hanging without a word.

Simplicity and contentment.

"Wala wala"

On 9/15/2022 at 10:41 AM, cooldadcharlie said:

oo the burden lays on the creditor kaya walang takot ang  mga tao na umutang na may intent not to pay worst of all sasbihan kapa " walang nakukulong dahil sa utang  ."  law sa utang should be revise ASAP 

 

Yea, people nowadays dont have the decency to just pay on time. I mean, nagpautang ako, atat na atat, binigay naman on time, pero pag singilan na, pahirapan. Ikaw pa masama. Kaya wala talaga, no faith in people here sa bansa.

Ok ba dito yung tipong tatambay ka lang? Hindi kase ako mahilig magnature walks. Tipong saktong staycation sa isang ok na lugar lang. Ganun. Yung may signal dn sana ang globe haha

Oh, went here with the fam early this year. Location and distance from the metro, pweds na since may mga expressway naman na. Superdownside is the road inside their compound. As in ampangit ng rough road. It is bad enough to make me not want to come back ever.

Food wise, may resto naman, pero food is meh. Not bad, not outstanding. Breakfast is so and so.

Rooms are legit tho. Old school with a modern twist. I mean, best one could do to old houses siguro.

Still, not gonna come back until maayos nila yung path from main road to the facilities. Panira ng sasakyan e. Not worth going dahil dun. Yes, its that bad.

Mga idol, hingi lang ako ng suggestion sa hotel sa cubao na hindi exposed/medyo tago? Thanks!

Gohotel cubao is nice. Not so exposed. Plus, rooms are nice, beddings are great, hindi ung parang leather na weird. Haha

Seeking again the help of attorneys:

 

Sino po kaya dito ang expert sa employee legal matters? Please pm me mga boss. I need legal advice. Puntahan ko po kayo for personal consultation. Thanks!

Do you still need legal advice re employee matters? Pm me nalang.

Bwings, Katipunan

Maraming salamat po sa sagot Yellowpanda.

Follow up question lang po. May possibility ba na magfile din kme or ilipat ang hearing dito sa Quezon City (residence address ng complainant)? Or dun lang tlaga sa pinangyarihan pwede dinigin ang kaso?

If ever pwede sa QC, ano2 ang kailangan nmen gawin?

As a rule, the court of the place where the crime was allegedly committed has jurisdiction to hear and try the case. Meaning, dun talaga sisimulan sa pinangyarihan. However, pag nasimulan na, pwede magpetition for change of venue sa supreme court, hindi din automatic yun na iggrant, kailangan padin talaga patunayan na magpapalipat ng venue ng trial to avoid a miscarriage of justice.

Attorneys please help:

 

we had a family trip to burias island (island hopping). My wife arranged the trip through events coordinator. So c events coordinator ang may contact sa lahat (van, bangka, hotel etc). This trip is not exclusive sa family nmen, may ibang ksama na d nmen kilala. Before yung date ng alis nmen, may mga hininging details like names, ages and birth dates ng mga kasama (i suppose gagamitin sa manifesto).

 

When the set date comes, sa isang beach resort in san fransisco quezon kme mineet ng banka. Dun kme sumakay patawid papuntang burias. Since first time nmen, hindi nmen alam na may port pala na tamang daanan papuntang burias. Meaning sa back door pala dumaan yung banka since pag sa port kme nagdaan mababawasan ang pasahero nila. We were 35 persons on the boat. Ang sbe ng coast guards 20 lang max ang pinapayagan.

 

So accident happens, tumaob ang bangka nmen and we lost our 5 yr old daughter.

 

Question: can we file reckless imprudence resulting to homicide? How strong is the case?

Meron din bang case na pwede ikaso sa coordinator? Since sya ang kausap ng mga bankero and they should have make sure na dumaan sana kme sa port?

 

Salamat sa mga sasagot mga master.

Yes, you can file against the captain/boatman of the bangka for criminal liability, and if he is an employee, you can include the employer as regards the civil liability or damages, in case of insolvency of the employee only.

For your reference, Reckless imprudence consists involuntary, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing of failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. To constitute the offense of reckless driving, the act must be something more than a mere negligence in the operation of the motor vehicle, but a willful and wanton disregard of the consequences is required. (G.R. No.178145). In your case, the fact that 35 people were loaded onto the vessel instead of the allowable load of 20 means that there is an inexcusable lack of precaution on the part of the boatman/captain.

As to how strong the case is, it's hard to say because it is dependent on a variety of factors, primarily the evidence available at hand (i.e. police report, affidavits, etc.). If kulang and ebidensya, maaaring matalo padin ang kaso.

As regards the coordinator, it is possible, but it largely depends on the contract that you have with them. Their responsibility may be limited depending on the agreement you have with them.

Please note that my opinion is based on my understanding of the facts you stated. It could vary depending on additional information that you could disclose. I hope this helps.

 

Maisingit ko lang po, Mr. YellowPanda,

 

usually po ilang taon kaya maayos yung sa extrajudicial settlement? Yung sa tatay ko kasi 5yrs na syang sumakabilang buhay, up to now dipa namin maayos ayos yung sa titulo ng bahay namin, as per atty namin nasa korte pa daw? Worry ko, matanda nadin nanay ko, baka another proseso nanaman di pa naayos yung nauna...

 

patulong po sana...

 

 

Thanks

Ang Extrajuducial settlement, it actually means na issettle ang estate ng deceased without court intervention. Basically, mageexecute lang ng document ang heirs, listing the properties of the deceased, then notaryohan, punta sa BIR, then if may real property like lupa, makakakuha ng "certificate authorizing registration" or CAR. Then, ppunta sa registry of deeds para malipat ang titulo sa heirs.

Normally, the process takes a few weeks provided na kaya icomplete requirements. Ung matagal jan is ung sa Registry of deeds, mga 1-2months from submission ng complete docs.

Re: ung sinasabi ng lawyer mo, baka may third party claimant or may heir na hindi masaya sa hatian kaya nasa court ang pagsettle ng estate. OR nagpapatitulo palang ng lupa kaya nasa court.

Ask ko lang po sana... May sasakyan po kasi na benenta ng wife ng kabarkada ko. Patay na yung kabarkada ko at may tatlo silang anak puro minors pa. Ano po dapat kong gawin? Anong papeles po ang dapat iexecute?

Binebenta sayo? There are many ways to skin a cat, sabi nga nila. On the top of my head, you can deal with it mainly in the following ways,

Legally, kailangan may magsettle ng estate ng barkada mo at ang car na iniwan niya ay technically part na ng "estate of the deceased" at kailangan isama na sa pagccompute ng total estate niya, which shall be the basis of computing the estate taxes to be paid. In this regard, kailangan magexecute ng deed of extrajudicial settlement ng surviving heirs, which in this case is the spouse and the minor children. The surviving spouse can sign for the minor children. At this point, a sale transaction for the car could be made, by the heirs to you, representing the estate, but the proceeds of the sale will have to form part of the estate of the deceased, and will ultimately be subjected to estate taxes. (But this doesnt really concern you, the buyer of the car)

Extralegal means tho, some people would suggest ante dating the sale of the car. This means falsifying documents and making it appear that the car was sold prior to the death of your barkada. It may be easier, faster, cost effective, and less of a hassle. But, it is against the law.

 

Ask about his/her average and largest drawdown, forget about the gains. If his/her largest loss is more than 20%, that means he/she is a risk taker and probably not enough portfolio diversification.

 

Remember, loses are geometric. If you loss 20% of you capital, you need to gain 25% to break even. A 50% loss needs a whooping 100% just to break even.

I see, thank you, will keep this in mind. I understand that diversifying your portfolio is more beneficial than "putting all your eggs in one basket". For a Php 100,000.00 initial capital. In how many variety of shares would you recommend splitting that up in?

Thanks again!

 

RM will your risk appetite and advise you on what stocks to buy or sell and at what price range. You're still the one doing the manual trading. Unless, you want it managed, the RM will trade for you.

 

In terms of risk taking: penny stocks are the most volatile, next growth stocks, and then blue chips.

 

In terms of risk aversion: Government Securities (T-Bills and Bonds), next Blue Chips Bonds, and then Junk Bonds.

Ohh.. a lot of new things and terminologies here.

Penny stocks lose me even if I try to research what they are.. Growth stocks seem like a viable option, but blue chips seem to appeal to me the most.

Thanks for the information, will probably look for a RM, how will I know if the RM is capable? any tips? thanks again for all the explanations, rontan!

what are safe areas of investment now?

 

> There seems to be no safe areas for investments if we are talking about stocks. It's all risk and speculation. One day Casino shares are high, the next day Resorts World happens, then stocks go down.. Now it's up again. If you are in it for long term investment with sure yield, better choose Bonds... but for short term gains in the stock market, even the big names like TEL (PLDT) can be risky.. from 2300 now its 1800... imagine buying 100 shares of it ...

 

 

Is it advisable to just choose one and buy shares and wait for it to grow?

 

> it has been advised that you should diversify your portfolio. Spread your shares. dont put all your eggs in 1 basket

 

 

Would it be better if I had a broker manage my dealings and give him the reigns as regards the company, the number of shares, etc.?

 

> if you don't have the time to watch trends in online trading.. yes, i would suggest get a broker

Thanks for this.

Correct me if i'm wrong, i understand that shares are very erratic to begin with, but bonds are generally comparable to loans, right? Like, I will buy bonds, to be encashed after a certain period of time. So, how will this ensure gain better than shares? It just seems like its a stagnant kind of thing, or at the very least, small return, like those that banks offer. Definitely going to be in it for the long haul.

I suppose, more than anything, its how the market feels about the company which will increase its share's value. I guess I really need to consult with someone regarding this. any suggestions as to who or where I might find people who can help me on this matter?

Are there different kinds of brokers I should be aware of? I mean, I want to invest in shares, but are there specialties in this sort of thing?

Thanks again!

 

If you have more than a million to invest, COL Financial, maybe other brokers as well, has a Relationship Manager to assist you. RM is the spotter, buy you're still the one pulling the trigger.

 

 

 

 

I see, don't have a million to invest :/ So, if ever I do decide to be assisted by a RM, the dynamic would be that he would inform me and advise me and I'll tell him my decision, he will implement?

Hmm.. I suppose this is as good a place as any to ask. Thinking of investing, I basically know close to nothing about it. Would greatly appreciate any help, tips, advice from those seasoned traders. Have some questions on the top of my head.

I know that trading involves risks and there are no definite ROI rates, it depends on the market, but what are safe areas of investment now?

Is it advisable to just choose one and buy shares and wait for it to grow?

Would it be better if I had a broker manage my dealings and give him the reigns as regards the company, the number of shares, etc.?

Will think of more questions. TIA

Sprite

Just had my second time sa spa. It was definitely better than the first. Actually, super ok. Haha Minsan talaga mahirap pag feel mo super ok rapport niyo ni thera. Haha although gusto mo pa makilala, alam mong busy siya. Napapaisip ka nalang din kung ganun ba siya sa lahat or hindi. Then again, bahala na maybe the more na mag spa ako, mas malalaman ko din kung ano ba totoo.. well, either that or maligmok at malunod nalang talaga sa ano gusto paniwalaan. Haha

Dati akala ko torn ako. Jollibee lang din pala ang hanap ko

Kfc wew. Kala ko meron na nung salted egg chicken. Selected branches lang pala. Huhu

Def silog meals. Wag lang daing na bangus haha

Yakisoba. Spicy chicken. Ftw