blackwolf

Mag hingi lang po ng advise...

 

I have a lot na balak ko sana pagawaan ng house. However, when the architect plotted un

lot as described by the title, hindi daw nagsara yun property. sabi nya malamang type error

lang. Can someone please advise me on how to deal with this?

if i may intrude, please double check the source title

hey guys, can anybody help me? I bought a land in bulacan a year ago, the thing is my surveyor is not doing his job, so I prefer to do the job myself and I don't know where to start. I already have a deed of sale and paid the capital gain, can anybody help me guide step by step where should I go next?

 

thanks.

If i may intrude, where did you pay your capital gains tax? were you issued a certificate authorizig registration? the next step supposedly is to go back to the register of deeds and have your title issued. That is, assuming there are no modifications made on the technical description and the size is still the same.

guys, an illegitmate child was born and was acknowledged by the father, would it follow that the child may use the surname of the biological dad?

if so, if the mom does not want the kid (super minor) to use the dad's surname, is there a process to revoke or revert it so that the kid will remain using the mom's surname? thanks

guys, an illegitmate child was born and was acknowledged by the father, would it follow that the child may use the surname of the biological dad?

if so, if the mom does not want the kid (super minor) to use the dad's surname, is there a process to revoke or revert it so that the kid will remain using the mom's surname? thanks

My friend is engaged in the real estate business and he asked a question about taxes. I have not studied our taxation laws yet and I have yet to finsih obligations and contracts. HEre goes...

 

Person A entered into a lease agreement with person B authorizing A to occupy the house for 1 year provided that rental payments amounting to P8,000.00 shall be paid to B by A on a monthly basis. A fulfilled his obligation as per their agreement, however, B has not yet issued any official receipt for the rental payments made by A. A demanded for the receipts which B refused, the latter contended that there is an express stipulation in their lease agreement that state, "all taxes that may be realized in the rental income SHALL be borne by the lessee". Thus, A should first pay the income tax to the BIR and afterwards a receipt will be issued.

 

A contended, however, that the stipulation is void. Since B is the owner of the house, A is not under any obligation to pay its taxes. Instead the burden to pay any taxes concerning rental income shall be fulfilled by the owner unilaterally and it should not be borne by the lessee.

 

So who has the better right?

A has a better right. there is a perfected lease contract and the payment of taxes is just a mere incidental obligation concurrent with the duration of the lease. issuance of the receipt is just an evidentiary matter. If B still wants that A pay the income taxes directly then he should file a rescission case for breach of lease terms but until then A may stay in the premises. as a lease, the primordial consideration in favor of B is the rental fee and not the payment of taxes, though the latter is still an obligation under their terms as far as BIR is concerned B is the taxpayer. hence, under pain of an eviction proceeding initiated by B, A may not pay the taxes to BIR.

Pwede po magtanong regarding credit card billing,

 

HSBC is trying to collect an amount of php400,000 plus back payment,& i was wondering how does it comeup to that amount when my card limit is just php15,000, covered period is aug 1999 to dec 2006. Another thing that caughts my attention, comparing it with my citybank (which is already paid) with the card limit of php30,000, i was only charge php34,000+ with the same covered period... can somebody enlight me on this....that fcuking six digit amount is eating up my sanity and is making me restless....

i think you can ask for breakdown of charges fees and other accumulated interest from HSBC. you are entitled to it. then compare it with the docs that you have

wala pong witnesses eh. hindi naman siya hand written, printed sa computer and signed by my late father.

as for the context, eto po ang nakalagay:

The rest of assets, mentioned above will be divided equally among my five children. I am assigning my daughter, _________ as guardianship in the disposition of assets.

 

signed

******* nothing follows **********

 

so as the guardian of the disposition of assets, may karapatan ba ang sister ko na humingi pa sa akin ng kung ano ano like feasibility or business plan and can she just open a trust fund for my kids so that she don't have to give it to me?

actually binigyan ko na nga siya ng business plan eh kaso ni reject niya at ioopen na nga lang raw ng trust fund para sa mga anak ko yung pera.

Since your father is also a Filipino citizen, Philippine laws are applicable. It seems that what you said is a notarial will and under our law, unless there are witnesses, an attestation caluse or acknowledgement before a notary public, which is a formal requisite, the will is void. If your will is void, then intestate succession rules will apply. the term guardian used here is that your sister will be the administrator of the estate of the your father. however, please know that an assignment of an administrator is only valid if there is a valid will. In this case, your will is void so your sister cannot be considered as the admiinistrator. There are five of you right? assuming your father has no debts and you and your siblings are the survivors, the whole amount should be divided equally. I just dont see the point kung bakit kailangan pa ng business plan at trust fund.

mag sir pag sinabi na " assigned to be the guardian in the disposition of assets" ano ang ibig sabihin? thanks

is the last will and testament of your father a handwritten document? kc in that case what is required is that it should be entirely written and dated by our father. no need for any notaral act. But if the last will and testament si formal like for example there are at least 3 credible witnesses attesting it , then you need to have it acknowledged before a notary public. You need to have the originals and not only a copy unless nawawala na yung mga originals or they are destroyed. As to your guardian, minsan kasi depende sa context kung saan ginagamit yung terms. kaninong property ang involved, sino and naassign anong klaseng property so that the proper parlance may be used

dual citizenship po ang dad ko, so paano po? may possibility pa ba yun?

makakapag file ka pero problema mo kung paano e -enforce yun kung mananalo ka, baka kasi mapagatos ka lang. unless na may pera sister mo dito sa pilipinas pwede natin ipa garnish to satify your due o kaya property na ipaattach kaya mas maganda kng sa america ma file. di kasi pwede habulin ng batas natin kasi territorial ang enforcement dyan.

Sirs, my female friend has been the subject of continuous harassment by her ex-bf by way of calls, txt msgs and chat msgs. The bf wants her back eventhough the girl had expressly told the guy that she doesn't want him anymore. Sadly, he even used MTC as a vehicle for his intimidations by posting their most intimate moments in one of the forums here and promising to release more for the whole world to see unless she capitulates to his demands. Of late, the guy was also able to hack into the net accounts (Yahoo Mail, MySpace, Hotmail, Friendster, YM, etc.) of the girl and has either deleted the accounts or changed the passwords so that my friend has no more access to any of them. Currently, she's depressed and suicide has even crossed her mind because of the shame and would-be scandal caused by the pics. My question is, could my friend already ask for police assistance or at least have the guy blottered? What other options does she have? Thanks a lot for the help guys!

lufwaffe, under the new developments of the law, stalking is already a crime. Your friend's ex bf may be qualified as a stalker since having prevuious dating relationship as defined under the law is, among others, a very important element. Your friend could ask for police assistance.

my father was an american citizen, all his finances are in the US. My sister is in the US also, that's why when my father died she was the one who managed all the things that my father left. It's just a couple of thousand dollars.

there might be some chances but you will only have to worry aboout implementing it. Your father is an american citizen yet he is a Filipino by birth correct? in that case, he may have dual citizenship and the law considered on the amount of successional rights may be Philippine law. This is only a possibility. You can file an intestate proceeding here so that the proper hatian or portion will be given to you. As you know, a probate proceeding kasi is basically an action in rem. that is, an action enforceable against the whole world. As an exception to juridictional limits, you can ask the local court to grant you extraterritorial aids. However, as i said the implementation is the problem kasi kahit na madetermine mo yung amount na dapat sa iyo, di mo ma-corner sister mo kasi wala siyang gamit or property dito. May chances ba makapunta ka sa US?

mga sir ask ko lang pwede ba mag file ng case against sa sister ko na nasa america na ayaw ibigay ang maliit na pamana sa akin ng yumao kong ama? paano ho ba ang magiging proseso nun? maraming salamat po.

rickyv, purong pinoy ba tatay mo? di ba sya nagkaroon ng american citizenship? paano nakuha ng sister mo ang pamana ng tatay mo? magkano ang amount involved?

For agrarian disputes and other cases involving agrarian reform (other than just compensation for landowners), its the Provincial Adjudicator of the DAR which has jurisdiction, the decision of which you appeal to the DARAB, after which, under the Comprehensive Agrarian Reform Law (Sec. 54, RA No. 6657), you can appeal the DARAB's decision to the CA.

i agree with rocco. entry level in courts is only with the court of appeals and this is only a matter of reivew on judgments and final orders of administrative and quasi-judicial bodies, the DAR in this case, and not a case originally filed with it. Note that cadastral cases may be filed with the Municipal Trial Court as long as it is not contested or the land value does not exceed 100k. But of course, if you find the resolution indeed whimsical or abusive, you may file directly with the Supreme COurt, which it can allow on its discretion, on the ground of grave abuse.

im not quite sure but under the new developments of the law, the consent of the father to use his surname by the illegitimate child is not necessary as long as the child is recognized and filiation is established in the birth certificate. Just my opinion.

yeah,sa central bookstore they have some audio format of the Civil Code and the 1987 Consitution

As far as i know, only PAGCOR accredited games are allowed. Of course you need to secure the necessary permit from them. For cockpits, only the the local governments may issue permit to operate. Otherwise, you'll be considered as operating an illegal gaming establishment that could make you criminally liable.

prices vary, depending on the case, its better if its uncontested as it would be resolved for a shorter period

:cry:

i agree, courts are strict when it comes to severing the marital ties in our jurisdiction

down with the sickness by system if a down

and justice for all by metallica

Wish you were here - Pink floyd

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i completely agree, talk to your lawyer first

I work in a call center as HR Officer, now our Director for operations which is an indian wants that the probationary contract of our employees will be extended for another 3 months. Is that legal? co'z as far as I know it doesn't apply for probationary contract if an employer wants to extend it for another month, it only applies to contractual basis. Is that correct? Once you have probationary contract, on the 6th month of the employee he/she is automatic regular.

 

What is the legal process of extending contract?

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hi sweet, just some clarification before we deal with the issues. do you mean to say that these employees also have contracts with your company? If thats the case, the so-called probationary employees may also be considered as contractual employees.

guitars and drums here. use to be in a band for heavy metal. now im into pop, acoustics and hard rock na lang, any takers?

the question therefore determinative to the conclusion is whether or not you went as far as registering with the BIR your business license. If yes, then you are liable for tax deficiency. If not then you could raise prescription as a defense.

the closest body that could go near web page contracts is one lodged with the DTI since as far as web developing is concerned, the e-commerce law is the only one we have and DTI is the one implementing it. By the way, whats the issue on this contract? perhaps other laws could be utilized.