oliverjohnholmes

Tanong lang po. Anong hotel po sa may SM North ang may hot tub or jacuzzi sa room? Naghahanap po. Salamat

good sirs, eto tanong lang. ano po ba ang legal age of consent sa pinas?

the siblings of the "adoptive parents" can file the complaint, as they would be the ones to actually inherit.

thanks again sir!

wala man lang kapatid o pamangkin yung ,mga namatay?

the 'adoptive' parents have seven other siblings. the 'adopted' is an unica hija now of legal age. claims she has rights of substitution over inheritance from her 'adoptive' parents by substitution and her claimed right is based on a certificate of live birth with her name as child and her 'adoptive parents' as natural parents.

salamat talaga sir.

Question 1: Does the 'adopted' woman have a right to inherit by substitution of her parents?

 

Assuming the facts stated as true, since she is a mere ampon, she would have, theoretically, no right to inherit, not being related to the deceased.

 

Question 2: How do you impugn the validity of the birth certificate in this case? This is the basis of the woman's claim for inheritance. How do you overturn the presumption of regularity of governmental functions, in this case? No records exist of an adoption or even hospital records of the woman's birth except the simulated birth certificate.

 

file a case for cancellation of birth certificate, alleging, as ground therefor, that she is not a child of the deceased spouses (must be filed by a person who would be the heir of the spouses, if the ampon is so declared. See Babiera v. Catotal, 333 SCRA 487 - https://www.lawphil.net/judjuris/juri2000/jun2000/gr_138493_2000.html)

 

Or, file settlement of estate proceedings for the spouses, alleging that petitioner is the heir (to force the daughter to appear in court and claim to be the legitimate daughter. See Benitez-Badua v. CA, 229 SCRA 468. http://www.chanrobles.com/scdecisions/jurisprudence1994/jan1994/gr_105625_1994.php)

 

In both cases, you have to have evidence that she is not the natural child of the spouses (or force the Court to order a DNA test).

 

 

Question 3: Puwede na ba ito pam bar exam sa Civil Law?

 

No. too complex. had there been incontrovertible evidence that the woman is not really the child, Yes, pupwede.

 

==================

 

thanks a lot sir...

 

it's a bit more complicated. sole heir claimant ang ampon...

Here's a question that is quite the reverse of most of the questions here.

A friend approached me seeking advice on how to impugn the validity of a birth certificate. The woman named in the birth certificate was actually adopted, but instead of going through the process of court adoption, the parents just registered the baby in their name. This was done back in the late '70's (so Old Civil Code coverage). It was common knowledge in the area and the family of the 'adoptive' parents that the woman was adopted. Now, both parents of the 'adopted' woman have died.

Question 1: Does the 'adopted' woman have a right to inherit by substitution of her parents?

Question 2: How do you impugn the validity of the birth certificate in this case? This is the basis of the woman's claim for inheritance. How do you overturn the presumption of regularity of governmental functions, in this case? No records exist of an adoption or even hospital records of the woman's birth except the simulated birth certificate.

Question 3: Puwede na ba ito pam bar exam sa Civil Law?

Your response would be most highly appreciated.

1. can the buyer resell the shares of stock at a price above par value?

Yes, siya may-ari, pwede niyang ibenta ari-arian niya sa presyong gusto niya.

 

2. what happens to the amount over par value?

yung whole amount, not just the amount over par value, ay ibubulsa niya. kanya na yun.

 

3. does it [amount of sale over par value] need to be declared as the new par value?

Nope. Par value is the value stated in the Articles of Incorporation as the value of the stock. This may or may not be equal to the actual value or selling price of the stocks.

thank you very much sir.

I have a query on sale of shares of stock.

Private corp. shareholder sells to fellow shareholder shares of stock. can the buyer resell the shares of stock at a price above par value?

what happens to the amount over par value? does it need to be declared as the new par value?

need your advice.

thanks.

Question lang po.

Ang articles of incorporation po ba ay enforcible kahit sa ibang bansa?

magtatanong lang po...

may notice po na magkakaroon po ng VAT ang real estate tax. puwede ba yun? i tax ang tax?

ang rason ng BIR, local tax daw ang real estate tax kaya puwedeng patungan ng buwis.

please advise.

thanks.

This is the Legal Thread.

 

Bonito Happy New Year!

One question. Is there a law or ordinance that prohibits ordinary citizens from photographing or videographing police actions? For example, an MMDA constable being videographed using a mobile phone?

If there is one what is it?

Will await your learned advice.

Thanks.

Parang sa jollibee yan. Pag bumibili ka, di na kayo magpipirmahan nung store manager di ba? Oral yun by nature. Di naman kayo nagkapirmahan para sabihin na walang kontratang naganap. ang pinaka pruweba mo na lang na may naganap na transaksyon ay yung resibo.

Pero pag usapin sa lupa, the law requires that it be in written form.

my thanks sir!

Dear Sir:

Please find my responses below in bold.

Thanks very much.

OJH

where is your friend living? Phils or abroad?

 

where did she have sex with the man? Phils or abroad? here in the Phils. She lives in a condo that the man gives money for.

 

where did she give birth to the child? Phils or abroad? here in the Phils.

 

where is the child now? Phils or abroad? here in the Phils.

 

where is the ex-wife living? Phils or abroad? domiciled abroad but already tried to file a RA9262 case against her ex husband.

 

 

 

I am writing for an on behalf of a friend...

her story starts by falling in love with a married filipino man who resides overseas. the man said he has divorced his wife in Canada, but they had their marriage solemnized in the Phils... they are both Filipinos but are having their citizenship changed...

now, my friend bore the man's child... he has denied paternity over the child repeatedly... he was sued by his ex wife for RA 9262, which was dismissed at the prosecutorial level...

the man comes to the Phils once a year... stays three weeks and returns overseas... the ex plans to sue my friend and the man should he acknowledge the child...

so the question is... what possible cases can be filed against my friend? secondly, does concubinage apply here?

can my friend file a suit against the ex wife? how best can she protect herself?

will await your learned opinions...

thanks.

It is being used

thanks sir...

I just am curious if RA 10142 or the Financial Rehabilitation and Insolvency Act has actually been used in practice? I seek your esteemed advice.

Generally, no.

 

Note, however, that for penalties involving the payment of interest, interest of 3% or more per month (36% per annum) has been declared unconscionable by the Supreme Court. By implication, 35.9% would be perfectly acceptable (resulting in credit card companies now charging 2.75% interest per month or 33%/annum).

 

Also, penal clauses that are contrary to law would not be allowed (eg. to pay 1 gram of shabu/month for failure to pay on time)

 

Note also that sale of real property is governed by the Maceda Law (which prohibits unilateral forfeiture of installment payments if the buyer has made 2 years or more of installment payments; as well as unilateral rescission of installment sales. See RA 6552).

 

 

thanks again kind sir... may the force be always with you

sale of land to a foreigner or a corporation 40+ percent of which is owned by foreigner/s is prohibited (see Sec. 7, Art. 12, Constitution)

 

 

thanks sir

aside from this, is there a specific guideline prohibiting the inclusion of a resolutory or penal clause in the deed of absolute sale?

seeking help on what are the prohibited provisions in an absolute deed of sale in order to avoid rejection when registration is sought with the RD... do you have any circular, memo, guideline, IRR to guide me?

will await advice.

thanks.

just a question...

in a contract of lease, where the owner has visitorial rights over the property pending notice to lessor and yet visits or sends his agent to the property without previous notice, is this violation enough to rescind the contract?

i mean, there should be notice given to holder of the property that a visit would be conducted, but the owner persists on coming over without any notice. is this sufficient right for the renter to rescind the contract?

will await your comments.

thanks

OJH

Let me take a shot at your questions.

 

I will treat the first question as independent of the second one.

 

Generally accepted accounting principles (GAAP) require that losses be reported within the same accounting period they are found. The losses should satisfy 2 conditions: (1) The loss has a reasonable probability of occurence; and (2) the amount of loss can be reasonably estimated. In the case of credit card companies, once they have deemed that certain accounts are no longer collectible, they are required by GAAP rules to report the write-off of such accounts as operational losses, thus hitting their bottom line.

 

With regard to your second question. The assignment of collection to a collection agency normally does not mean that a customer's account has been written off. Instead, the company merely transferred the collection effort to another agency/entity in the hope that a collection agency would be able to provide a more focused collection effort against certain customers. In this particular situation, no write-off is effected on the books of the credit card company. Receivables are still on the credit card company's books and the collection agency earns commissions on successful collections.

 

I hope I was of help. Regards.

thanks for enlightening me...

so it would purely be at the whim of the credit card company on when loss is declared... most of the accounts are already delinquent well above a year...

i think i have my plan of action already... thank you again...

Hi guys!

 

Have a friend who's already legally separated with her husband, but now wants to have the name of her kid changed back to her maiden name. What can she do to have this done? Do you know anybody who specializes in such and could get this done quickly? Thanks!

 

you may have a problem with this... as far as i know this cannot be done...

legal separation means that the union (or the marriage) is still valid and binding, and the only effect on the said conjugal partnership is separation physically and the dissolution of property relations between spouses... thus all rights from the fruits of the union is vested and cannot be simply changed without running afoul of other legalities...

a quick question, since the question stated that the child's surname be "changed back" to the mother's maiden name i surmise that the marriage came after the birth of the child? once vested with the name (by the subsequent marriage and the whole process of changing the surname) it would be quite a feat to have it reverted, unless without use of extra-legal means...

just my two cents...

i seek input on a few matters..

i would be negotiating for and on behalf of individuals with delinquent accounts with credit cards... and i am looking for points of leverage in negotiations...

do credit card companies declare delinquent accounts as part of operational losses, thus having the net effect of lowering income and thus their taxability? if so, how soon after does the company declare this loss? is it operative that once they transfer collections externally (meaning collection agency) they write it off from their books?

if the answer assumes some risk on your part when divulged, please pm me so i can ask more questions...

my humble gratitude...

 

Case B:

in a case of a bigamous marriage, but the first spouse could not be found, and the second spouse opts for declaration of nullity of marriage, what would the consequence be on the spouse seeking such nullity (ie any tax implications, matters of co ownership over properties and the like)?

 

how's life been treating you bro?

 

any takers?