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wildswans

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Posts posted by wildswans

  1. i agree that she's kinda immature and childish kaya tuwing galit siya madalas break na ang gusto.

     

    hindi ko sure kung ayaw niya ng long term relationship kasi bago niya ako sinagot, she mistakenly thought that i was in a hurry na sagutin niya ako, she got upset and said that she wants to be sure coz gusto niya serious relationship. she doesn't want to get hurt and kaya she has to choose wisely. but then pwedeng paiba iba isip niya.

     

    madalas nga siya magbanggit about our future with family and kids e. i don't know if she means it or just in a good mood lang pero madalas namin mapagusapan parang sure siya na ako gusto niya.

     

    i hope i can catch her in the act para much easier for me dahil right now nahihirapan ako. hindi ko alam kung a case of not getting over her ex ito or she's seeing someone else pa to fool around with. i just hope malaman ko yung truth sa madaling panahon.

  2. I met my GF from MIRC and we would text each other occasionally. I would stayed up til the wee hours of the morning keeping her company thru text while she studies. She was happy with what I’m doing coz she said it’s been years since a guy did this to her. After a few weeks of texting, she said she likes me although she hasn’t seen me yet. We finally met and went out a few times after that she started falling for me and vice versa until it became us.

     

    We have an 11 years age gap and she said her parents are very strict to the point that they would lock her up in a room if they find out she was entertaining suitors secretly like what happened before. Her parents are traditional and don’t want a suitor nor BF from online chats. My GF likes to chat and I saw it in her email sent folder that she sends her pic to various guys but since the date was before we met, I just let it be.

     

    During the courtship, she would tell me that she’s not yet over her ex completely although she was the one who broke up with him. During the relationship, she would still, sometimes, mention her ex although she would apologize for doing so. She said she would sometimes find herself crying whenever she thinks of her ex, siguro dahil tinago niya yung hurt at walang nasabihan...according to her.

     

    More than a week after we had the relationship, she broked up with me saying she’s not happy anymore and other nonsense reason, she mentioned about our age gap and was afraid what people might think and problems with her parents about how we met. I beg her to stay but to no avail. After a day, she texted me that she feels sad without me so naging kami ulit.

     

    During our 1st month, I noticed that she’s not that into me yet. There were no bday card nor present for me and no monthsary gift nor card. I thought it might be normal since the relationship is still new. Few days after our 1st month, she confessed that she was having 2nd thoughts about continuing the relationship coz of what people might think about our age gap that’s why she’s not that into me daw. She thinks things over and realized that her happiness was more important so she decided to continue the relationship.

     

    She would tell me that she met the relatives of her ex on two occasions and she also told me that sometimes her ex would text her and sometimes ask her out but she didn’t obliged daw.

     

    After that, things went great for a few weeks until she became busy with school coz of the coming finals. So I had to understand if she’s not that into me coz of being busy.

     

    Few weeks after our 2nd month, I was shocked to find out she had a secret friendster account that she kept from me. On that account, I would guess were people really close to her while the one I know were for people she met from online chatrooms. What’s more shocking was the primary pic. The pic was with her ex embracing her and the date she placed on the caption of that pic was dated 2 weeks after it became us. In short, she met up with her ex without my knowledge and I’m not sure if they’re still seeing each other until now and if they still communicate thru text.

     

    I didn’t confront my gf regarding that coz I’m saving it for other occasions. Tsaka I’m afraid to tell her that I found out about her secret friendster account while looking at the messages in her sent folder. I don’t want her to use that against me para ako magmukhang may kasalanan kung magbreak kami and most of all I still love her. another thing ay pwede niyang sabihin past na yun, coz it happened during the first month where she confessed she's not that into me. but still she lied diba.

     

    The first Saturday after her finals, she didn’t text me for so long, negative thoughts started to cloud my mind. It turns out she left her cellphone so I just let it be kahit na walang effort in her part to borrow her sister’s cp and letting me know man lang. The 2nd Saturday, she didn’t even text me for practically the whole day again. The next day, she said she can’t send any text messages nor make a call coz of network error and she apologized. I just told her na sana man lang she made an effort to borrow her sister’s cp to let me know what’s going on coz I was worried about her. She apologized again and I just let it be.

     

    I then asked where she went that day and I got the surprised of my life when she texted back that she wants to break up with me already. She said she wants us to be just friends coz she’s too afraid of her parents and cannot be proud of me like I am for her…that she can’t risk it all for me even if she really loves me. She said it’s better this way para sarili lang niya iintindihin niya. She said that I deserve someone better and she don’t want to hurt me anymore coz I’ve been very good to her. I was so hurt that I didn’t even thought of begging her to stay anymore and so I just let her go.

     

    After that, she kept texting me that she still loves me but haven’t been a good gf. She has to go coz she doesn’t want to hurt as nice guy like me anymore and so on. It is at this point where I took the opportunity to tell her my concern about her not being into me like, not calling me, we didn’t get to talk on the phone that much, binabalewala ako minsan especially if she can’t text, di niya nagagawa sa akin mga nagagawa niya sa ex niya and etc.

     

    Two days passed she’s still texting me and telling me she loves me. She kept saying she misses me and feels incomplete without me..that she feels miserable breaking up with me and that’s how she realized she loves me after all. I was so hurt that I didn’t realize she wants me back from what she’s texting me. She has pride to tell it to me straight that she wants me back. She cried for 2 days daw coz she thought I was gone for good na coz I let her go so easily this time.

     

    After she gave more clues that she wants me back, I told her I want her back also. Kaya lang, since may hinanakit daw ako sa kanya (yung complain ko na she’s not into me) she told me we are better off as friends muna until she sorts out her problems sa side niya and she needs time and effort daw. gusto niya kasi the 2nd time around na maging kami, ay fair na sa akin at hindi na maging one sided yung relationship at magawa na niya mga nagagawa niya sa ex niya and even more.

     

    She didn’t mentioned about her ex as part of the problem pero kutob ko part of it yun. She just said that her fear for her parents is the one affecting her to be sweet to me. Sometimes she can separate the fear from being sweet but usually can’t, pati paglabas namin laging patago at hindi man lang niya ako mapakilala sa magulang niya. May nakakita na sa amin at sinumbong sa mom niya, when her mom asked her hindi man lang niya masabing bf kahit na nandiyan yung opportunity she just said classmate at nakasalubong lang niya. She don’t have the courage daw. She asked me to date others baka mas masaya ako dun, I told her ayaw ko at gusto ko siya. I asked her to tell me directly if the problem will be fix and I’ll wait, if not then just break up nalang. She told me it would be much better if I could wait for her kasi maaayos pa yung problem. She can fix the problem while kami pa rin pero it would take time and effort, baka umangal na naman daw ako kapag nababalewala niya ako.

     

    I told her I’m not comfortable as being friends, kung friends lang wag nalang. I told her since she said maaayos pa yung problem then why not kami pa rin pero parang cool off nalang but we will still see each other like before and talk parin, pumayag naman siya although deep inside ayaw ko ng cool off, i just have to say that para maging kami parin coz i'm not comfortable sa friends setup.

     

    After the breakup, we met up and made love like we usually do as if nothing happened pero when I asked her kung normal na ulit kami she said mas ok kapag cool off stage nalang para less pressure on her side, I asked what she means, mahirap daw iexplain kaya hindi na ako nangulit pa. We would still meet pa naman, and we still greet each other sa monthsary.

     

    I’m very confused as to where this relationship is heading. All I know is hindi siya sure sa akin, dahil ayaw niya magpapicture kami sa studio, she doesn’t introduced me to at least her sister whom she’s very close to and can keep a secret, she still hasn’t told me about her secret friendster account, the primary pic of she and her ex embracing her is still there with “married” status. One more thing, I also saw the friendster of her ex and both of them have the same primary pic. I can’t look more into it coz it’s locked to closely connected members only.

     

    I don’t know if her parent’s is really that strict or she’s using that to delay the introduction part coz she’s still considering her ex or baka naman her ex is actually her bf right now and I’m just a mean time guy habang my problem relationship nila kaya hindi niya ako maharap sa magulang. Or she loves me but is still afraid of what people might thing of our huge age gap.

     

    - What do you guys think? Is this about the ex, age gap, she’s a player coz she likes to chat minsan she doesn't let me know that she's chatting maybe coz she knows super seloso ako o may ginagawa lang siya kalokohan, or case of parents too strict? Can you say she really loves me? I hope she’s not a player coz wala sa itsura niya and she has a good reputation in school coz masipag magaral but looks can be deceiving as they say. Any advice or suggestions?

     

    - Mali ba ako na sinabi ko sa kanya yung concern ko sa relationship like she’s not into me at nagiging one sided yung relationship? Or tama lang since serious relationship naman ito?

     

    - Does the cool off make any sense at all? For me parang walang sense, since she said she really loves me then why not fix the problem ASAP rather than isipin niya na baka umangal ulit ako.

  3. after back reading the thread, i have to re-qualify my previous post on the matter...

     

    you did say arraignment was the order of business in the last court hearing...from what you have provided a new hearing is set for reinvestigation...what may have occurred is either of the two..what i did describe in my last post ( that the whole matter is postponed and the motion for reinvestigation would still be heard on the next hearing) or your lawyer making an oral motion for reinvestigation of the matter, thus staying the arraignment and the next scheduled hearing would be the Court hearing the results of the reinvestigation and determining if there is probable cause...bail is not an option since certain options are waived when availed of...

     

    if the court accepts the oral motion, the case is then referred back to the prosecutor for the determination of probable cause...the reinvestigation is then scheduled by the prosecutor...this can be done by examination of the complainant and witnesses and documentary evidence already submitted and any new evidence which may be propounded in such hearing...

     

    so there, just to clarify the events which may have occurred...what would be best is to ask your gf to get a full file of the proceedings from the lawyer and the Court itself through the tsn...

     

    i hope this clarifies the matter...

     

    thank you for clarifying and i do hope what transpired that day was their lawyer making an oral motion so that the next court hearing would be about the result of the reinvestigation. my gf told me that their lawyer mentioned something about letting her bro make some counter affidavit after the postponed arraignement. she also mentioned that the lawyer told them he would try to transfer her brother to a jail in his hometown where he is "malakas" which is very near the present town. my gf is also complaining about their lawyer not giving encouraging words but i guess the lawyer just don't want to give false hope.

     

    i do hope this case would be resolved ASAP as the distance between me and my gf keeps getting farther and it is driving me nuts.

     

    thanks again.

  4.  

    what is scheduled is the hearing on the motion for reinvestigation whether or not it would be given due course...after such hearing will the reinvestigation be allowed by ordering the public prosecutor to go through investigating if there is probable cause...the delay is due to the sheer number of cases (usually there is a three month turn over rate) and the extended holidays we celebrate here in the Philippines...

     

     

    my god. i thought the 3month period was the reinvestigation process afterwhich the hearing is for the findings in the reinvestigation, not the case pala. that means my gf will be force to stay in the province much longer than i think and ldr sucks! oh well...time to decide na.

     

    btw, is it much better to have a reinvestigation that to proceed with the hearing yesterday?

     

    thanks.

  5.  

    whether the complainant shows up or not, arraignment would still prosper and the case would still be heard... the central character in the arraignment is the accused, and judicial process now takes over from the private complainant... as such, even if the complainant is not present, the presence of the public prosecutor (fiscal) suffices as representation for the plaintiff side... now, your friend's counsel may have two options available: a. move for reinvestigation and hopefully at reinvestigation, since you do say that complainant would not appearas it appears it is a 'frame-up", your friend's lawyer may move for default and/or have the case dismissed for failure to prosecute at the prosecutor's level at reinvestigation... Or b. at the arraignment, or anytime before that, have the private complainant issue an affidavit of desistance so that there would be no need for any further process...

     

    the absence of the plaintiff would not ensure the dismissal of the case... what is imperative is the submission to the court with jurisdiction over the matter of either a pleading or act which shows withdrawal of the complaint by the private party...though the case may still prosper especially if the charge is a malum prohibita law but since you did say there is a private complainant, then maybe the case would just be a blemish on his record...

     

    i hope this helps...

     

    oliverjohnholmes,

     

    according to my gf, they went to the hearing yesterday but their lawyer had a talk with the judge and the proceeding was postponed. their lawyer wants a reinvestigation of the case and the next hearing is scheduled for february next year. does a reinvestigation really take that long? is there any better way?

  6.  

    firstly, what is the scheduled hearing for? i would think for arraignment...you may have the option to have the matter reinvestigated but this would mean a little more time in detention...in reinvestigation, your friend may then include the circumstances of the unlawful arrest and the less serious injuries he sustained therefrom...

     

    i think for arraignment na. they're hoping that the complainant won't show up coz the person didn't commit the crime...frame up lang.

     

    thanks for the info.

  7.  

    i would presume that your question pertains to criminal proceedings...there are a lot of factors to consider in the filing of a countersuit/countercharge... firstly is the occassion of the act to be complained of...was it at the same time as the criminal act which is the cause of the detention...if yes, then one can allege the same in the answer to the complaint...disposition of the same can be made simultaneously or sequentially, if the matter is prejudicial to the original criminal complaint...if it is for a totally different matter, completely unrelated to the detention charge, a separate complaint would be the proper order so as not to be confusing...secondly, venue and juirisdiction over the matter and the persons also have to be considered...thirdly, determine if the same has merit and has probable cause or may be just a suit to get back at the original complainant...

     

    i hope i still remember procedure right...just my two cents...

     

    let's say a person was charge with a crime he didn't do. the complainant, together with some cops arrived as this person's place and arrested him without a warrant while the complainant punch the person and the person's buddy. the person had undergo medical examination on his wound. the person is detained right now waiting for the scheduled court hearing. can he file a law suit against the complainant who punched him at the same time his case is still active?

  8. good day to all!

     

    i have a question. if a person has a pending court case and is now detained, can he file a counter-suit/counter charge on the complainant at the same time? or should he wait for his case to finish before filing a counter charge?

  9. yes. there is such a thing as the PLEB. I would suggest you go to your local NAPOLCOM office or call their Manila office on their procedure.

     

    hi, i'm sorry i'm not very familiar with the law but what is PLEB?

     

    are all arrest considered illegal without a warrant?

     

    thanks for any info.

  10. based on your facts:

     

    1. No they can't.

     

    2. No, it's not complicated. Expensive, but not complicated.

     

    3. Fiscal or Municipal Judge should conduct a Preliminary Investigation. Normally it'll take 60 days or so, but do not rely on that.

     

    4. They SHOULD get a lawyer. And File admin cases against the policemen and a criminal case against the "victim".

     

     

    Sir,

     

    can they file the admin cases against the policemen and the criminal case against the victim while there's a pending case against them?

  11. good day. i have some questions regarding a case.

     

    the brother of my gf together with 3 househelps(all guys) recently moved in a new rented place somewhere in tarlac. 3 days after, around 3-4am, they heard a commotion outside. one of the househelp went outside to check and was greeted by another tenant/landlord with a punch. the brother of my gf followed and received the same treatment. there were cops accompanying the tenant and the brother of my gf & another househelp were accused by the young live-in partner of the tenant of rape. so they were hauled to jail and a case was filed in fiscal.

     

    the tenant was actually the relative of the landlord so he's like the one sort of managing the place.

     

    her brother assured everyone of his relative that he didn't commit the rape and was a victim of a frame up. the girl underwent medical examination but came out negative. the brother underwent medical examination as well but my gf was not sure for what purpose. my gf doesn't believe the girl was rape coz she talked to the girl about the incident and the girl was "mataray" and "taas nuo" while talking. the girl didn't even cry nor showed any signs of trauma.

     

    my gf is suspecting that money is the motive coz when her brother moved in there were no electricity and the tenant/landlord ask for about 2,300 as payment for electricity and at one point borrowed P100 from her brother for food. they also suspect that the tenant must've overheard the brother telling his househelp that her mother might be sending in some money so maybe the tenant thought it to be a big amount and made this accusation hoping for a cash settlement.

     

    now, can the cops just arrest them without warrant? will this be a complicated case? can this kind of case be filed right away in fiscal? how long will the process take? any tips on what they should do aside from getting a lawyer?

  12. fauxhead,

     

    thanks for the info but i do have some more questions regarding what you said which i don't quite understand.

     

    Therefore, you are left with two choices. Sue the driver and the company or collect on your insurance.

     

    On the first option, you can file a criminal complaint for reckless imprudence resulting to damage property against the driver, pasok na dito yung civil liability ng employer. You can also file a civil case for damages against the driver and the company. However, you can collect only on one.

     

    so you mean there will be two charges that i can choose from, which is file a criminal complaint for reckless imprudence resulting to damage property against driver at pasok na dito ang civil liability ng employer OR file civil case for damages against the driver and company? if so, what's the difference between the two and which one is a better case to file? what do you mean by "you can collect only on one"?

     

    On the second, collect ka na lang from the insurance para bawas sakit ng ulo. Sila na bahala maghabol dun sa company at sa driver because by paying you, subrogation sets in and the right to go after the company and the driver passes to them.

     

    if i choose this option and collect from insurance, that means i fork out the participation from my own pocket and call it a day at bahala na yung insurance maghabol sa kanila? just curious, why pa sila hahabulin ng insurance, if i collect from them na? i don't understand this.

     

    The strength of the case depends on the evidence presented. Because hindi naman nakapresenta evidence dito, bahala na yung abogadong kukunin mo to make a strong case.

     

    so you mean, the outcome of the case will still depend on how good my lawyer will be at hindi sure win ito maski na nakalagay sila ang at fault sa police report? also, if i sue them, can i sue for additional damages like attorney's fees and other relevant charges? or just the case to get my car fixed?

     

    The attorney's fees stated in decisions of courts, based on percentage of the total award for the damages, does not go to the lawyer. It goes to you.

     

    i don't get this also, you mean if i won and the other party pays up, i still have to pay my lawyer from my own pocket? hindi ko kasi naintindihan yung nabanggit mong percentage.

  13. good day MTC legal team. i need some insight on this matter:

     

     

    more than a month ago, my car was hit by a truck. the driver of the truck was the one at fault and this was also indicated on the police report. as usual, i forwarded all the necessary documents to my insurance. i went out of the country for a few weeks thinking my insurance would handle everything and my car will be ready for the repair shop once i get back.

     

    when i finally got back, i was informed that the insurance of the other party was only TPL so they can't do anything about it except i claim it as own damage and pay the participation. i took my car to a rep*table shop to have it estimated on how much the repair would cost. then i called up the other party and spoke with the one handling the company's trucks and drivers.

     

    i told him that his driver hit my car and their company should pay for the damages. he started arguing that the company is not going to pay for it since the one driving their truck was the driver and it was the driver's fault and should be the one liable for it. he also argued that it was the driver who appears at fault on the police report and it was the driver's signature that appears on the police report. he even said that, it's their company's policy to let the driver pay whenever they get involve in collisions that's why they only used TPL in their fleet of trucks so the driver would be more careful on the streets.

     

    i argued back that the company have some kind of liability and responsibility on the actions of their drivers and they could not just let the driver face the problem alone especially when the one i spoke to confirm that the driver might not be able to afford the payment.

     

    he told me that since it involves a huge amount(21k+), the driver won't be able to pay up and so he insisted that my car's fender undergo "pukpok" instead of replacing which i strongly refused. i don't trust their repair shop as well as my insurance's accredited repair shop that's why i only go to this one rep*table shop all these years. besides with that kind of damage, repairing it will not suffice.

     

    he suggested that i claim against my insurance and they will pay for the participation but i don't find it fair since i'm not going to the accredited shop of my insurance and they would opt for cash settlement which will surely have a depreciated amount that the estimated cost.

     

    a friend of mine told me that if i claim it against my insurance and let the offending party pay for my participation, my insurance would still go after the offending party so i'd be better off if i just claim it on my insurance. is this true? won't the offending party sue me for agreeing on letting them pay for my participation and then my insurance would go after them later on?

     

    so, is the company not liable at all? is his argument valid at all? what kind of case should i file against them? do i have a strong case? does the company automatically pays for my attorney's fee as well should the case rule in favor of me? any other things i should know of?

     

    any info will be appreciated.

  14. anybody knows the title of this song as well as the artist behind it? it was sang by a girl. here are the lyrics:

     

     

    there's just something different about you

    I can't explain it but

    you've got this mystical maze that surrounds you

    never before has anyone

    affected me this way

    I just can't stop thinking about you

     

    i want you..i need you

    but i'm afraid to show you..

    why can't i just tell you

    the way i feel about you...

    please tell me, please tell me...

    i'm not the only one in love.......

     

    -----------------------------------------------------------

     

    i think i'm in love... i think i'm in love with you..

    every single day, every single night,

    every single moment of life

    i want to spend them all with you...

    i think i'm in love, think i'm in love

    i think i'm in love with you

    tell me that you care, tell me please

    tell me that you also feel the way that i do....

  15. gud day MTC lawyers,

     

    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 money yet. this went on for a couple of months until danita doesn't want to answer the phone anymore and her maid keeps on giving alibis to anne. anne even tried going to danita's house but danita always leave very early in the morning and comes home very late. sometimes doesn't go home at night at all.

     

    recently, anne went to a lawyer 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 checks have expiration too which means there's only a certain time 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 house, 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.

  16. i have 2 questions:

     

    - we have a network of computers here that have dsl internet connection. why is it that one computer will have a hard time loading a page from the internet especially those with pictures? the site will load up but not complete, the blue indicator bar below IE will remain there indicating loading but will not finish loading no matter how long and i have to restart the PC just to be able to surf again. this problem occured before but disappeared again and now it's here again. it's only one computer so far. i tried 'ping' and there's a connection and other computer have connection just this one.

     

    - there's another computer that hangs for exactly 10sec and go back to normal again. it does this several times a day. i transfer the HDD to another computer with different MOBO and other components and still does it. even a clean format didn't fix it. could it be the HDD?

     

    thanks.

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