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Waterbearer

[07] HONORED II
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Posts posted by Waterbearer

  1. This being a "free legal advice forum", the client should be given the best options together with the possible risks and limitations and at the end of the day, he is free to choose which option would be viable and applicable to his situation.

     

    Peace.

    Feeling ko parang naglalaro tayo ng Deal or No Deal :lol:

     

    Anyways......every option has pros and cons.....e mukhang pera ako kaya, annul talaga ang iaadvice ko bwahahahaha :lol: joke* joke* joke* I think this will depend on how confident the lawyer is of his/her ability to win the case. If his/her professional judgement tells him/her that the totality of the evidence presented does not fall short of proving psychological incapacity, then it's a go.....if it's not sufficient, the lawyer will go for other remedies.....which makes Legal separation a safe bet.....but if the personality of the lawyer is more of a risk-taker.......The alternative does not become an option.

  2. yes, some firms, like ours, have their lawyers covered with malpractice insurance in case something goes wrong. and of course, they also have medical insurance, just in case an irate client shoots them. :)

    may idea ka ba kung magkano ang premium na binabayaran ng firm ninyo at kung kaninong insurance company RE: malpractice insurance ? :blink:

  3. Do we have any Labor Lawyer in the House?

     

    ......

    Just gather all supporting documents stemming from the query, Dictum is right, less talk, less mistake. I think mostly verbal ang mga arrangements ninyo so it's a my word vs. yours kinda thing. No offense dude pero ang sa akin lang kasi, it doesn't necessarily follow na they gave you a terminal leave e pwede ka nang maging negligent sa duties mo. You knew this outcome was possible and yet you failed to prepare. Again tama si Dictum, honga....what's the use of explaining when they are hell-bent of filing a case against you.....fraud is one since may cash na involved. Kung pwede pang maareglo, sana maareglo....in the end, ikaw din ang talo sa scenario na ito......think of it this way, unless your hiding something, last hurrah na nila ito.....after this, you don't have to deal with them anymore....kung di naman ganun kabigat ang hinihingi nila sa yo, baka naman pwede mo na lang tapusin ang pwede pang tapusin...maglelegal action pa kayo e pwede naman pagusapan yan internally....less stressful yon :)

  4. yes, i'm talking about insurance. i don't think that such mandate will ever materialize in the phils.

    There are 3 bills pending in the senate which should protect patients from errant doctors......There's one there that mandates all practicing physicians to secure a malpractice insurance.....if that pushes through, then it's a start.

     

    Peace :)

  5. IBP is just an association, right?

    IBP is THE official ORGANIZATION of all Philippine lawyers whose names appear in the Roll of Attorneys of the Supreme Court.

     

    btw, do you mean malpractice Insurance? Kala ko sa mga medical practitioners lang yon... They don’t want malpractice insurance to come into our society because it has created a monster in the United States. ….Malpractice insurance will just prod Legal costs to soar up. And few can afford just as it is, how much more if they keep up with the payments of malpractice insurance. Besides hindi sya mabenta rito sa Pilipinas….IBP did not do any concerted effort to stop the proliferation of malpractice insurance coverage, if there's any. It is of their own volition not to have any coverage. Why? Que cera, cera, what will be, will be. Lawyers did all they could for the client. If the client loses a case then, so be it. Wala namang warranty ang legal services na kapag natalo ka, money back……

  6. meron akong kilala sa MP sections na ANALment lawyer. gamol na gamol ang dating. nyahahahaha..

     

    but seriously, i thinksomebody is offering annulment services in the services room.

    bwahahahahahhahaha .......matingnan nga :lol:

     

    Para di OT:

     

    O eto para sa mga bwisit sa mga collection agencies:

     

    "Walang nakukulong sa utang. Though makukulit ang mga debt collectors, that's the worse they can do. Ang mangulit. In the end, sila ang mag-ooffer ng terms para makabayad ka. If you cant't afford it, just tell them. Wala silang choice king di tanggapin ang kaya mong ibayad or they dont get anything at all. Just remember to have them put everything in writing. SOme debt collectors will lie to you kung di ka nila kayang takutin. They will say "pag nagbayad ka ng ganitong halaga, fixed na ang monthly mo & wala nang interest". Dont believe this sh~t. Have them write it down so you can sue their ass if they dont comply. What is important is wag matakot. They will threaten to sue you but they wont because it is too costly for them and it will take years for a judgment to be handed down. You just have to put up with their endless phonecalls. Dito kumikita ang mga collectors. Once they "persuade" to pay, may porsiento sila sa bayad mo. They work on commission. Stressful ang job nila because they deal with angry people without any money so dont be surprised kung bastusin ka nila. It's one of their ways to release their stress. Marami ang nagreresign sa kanila. Kaya lang nagbabayad ang iba dahil sa fear, intimidation, and lack of knowledge. Walang nawawala sa Card Company. Your unpaid debt is written as a charge off or write off. In a business there are always losses. Ito ang sa knila. In their final P & L statement uncollected debts are deducted sa tax na dapat bayaran ng card company sa gov't. Naninignil pa rin sila anyway para magkaroon pa ng extra income kahit declared na loss ang utang mo to earn extra. remember, unpaid debts always just end up in a settlement. Just dont pay what you cannot afford. unahin mo ang basic necessities mo. Kung may matira, yun ang ibigay mo sa kanila. Kung wala sorry na lang sila. wag ka ring mahiya sa utang. Lahat ng tao mayroon nito. You dont control everything around you like pag taas ng gasolina, & interest rate ng mga bangko. "

  7. gud pm..

     

    sino marerecommend nyo annulment lawyer? yung magaling & bihasa.

     

    magkano kaya abutin including legal fees?

     

    thanks.. kahit PM na lang for the response.

     

     

    First, no one can be imprisoned for non-payment of debt.

     

    Second, please do try to backread a bit for your remedies against pesky collection agencies.

     

    Third, if you need to get services of counsel, it would be better to personally meet up with that lawyer.

     

    If you want to get a good lawyer, you get him for his expertise, not for his price/fees. Lawyers are not commodities.

    Coffee please! :)

    Atty., di ba annulment lawyer kayo?

  8. I need legal advise. I owe a big bank 70K for personal loan and 60K for cc bills na hindi ko na po nabayaran dahil wala po ako work.

     

    1. Makukulong po ba ako?

    2. Fraud po ba dahil umalis ako ng dati kong employer at ngayon ay palipat na din ako ng bahay. Dapat ko po ba ito ipaalam sa bank?

    3. Maapektuhan po ba ang credit ng asawa ko kahit wala sya bad debt sa bank?

    4. Meron po kaming naka mortgage na car asawa ko ang prnicipal at ako naman ay co-maker. Pwede po ba nila ito kunin kung sakaling di ko na talaga sila mabayaran?

    5. May karapatan po ba ako tumanggi makipag usap sa mga collection agencies dahil bastos sila at may balak po ako mag bayad pero di sa kanila gusto ko diretso sa bank.

     

    Thanks in advance! :)

    1. Walang nakukulong sa utang for as long as hindi ka nanloloko

    2. For as long as nanotify mo sa bangko ang mga relevant information tungkol sa yo esp....change in address/employer/status, you signify an intention to pay and therefore, you not liable for fraud....Pero kung gusto mong magcommit ng fraud, penalty for fraud is at least 6-month imprisonment plus minimum of P10,000.....para ka lang nagbakasyon :lol: joke joke

     

    3. Yes

    4. Yes, joint property ang kotse nyo......the creditor can and will exhaust up to your real and personal properties.....but hey......let them file a case......eitherway, the judge will make it easier for you to pay :lol:

    5. May karapatan ka magreklamo pero tulad ng sinabi ni Dr. Pepper sa above post, usually once na naturnover na sa mga collection agencies ang case mo, they don't wanna have anything to do with you anymore....BTW, may nabasa ako tungkol sa mga collection agencies, if you owe them small, you are at their mercy, if you owe them big, they are at your mercy :lol:

    Peace.

  9. Mga sirs,

     

    My friend's wallet was stolen from our office. It was after 2 hours that she discovered that her wallet was stolen. The thieves were able to use all her credit cards amounting to 65k. How can we dispute the transactions. Can Anybody help us with the step by step moves we must do. Siya na nawalan siya pa pagbabayarin. Is there an office or law office we can get to process these disputes??

    pwede mo siguro idispute na negligence ng seller yun.....di ba in the first place, dapat sinisigurado nila na yung buyer ang mismong cardholder.....responsibility nila yun....kaya nga sila nagdadagdag ng procedures (2 valid IDs etc... ) para di sila maloko ng mga magnanakaw na yun......kung gusto mo mapabilis e d maghire ka ng lawyer.....pero ganun din....you need to gather proof na katangahan ng tindahan yun..

     

    Peace.

  10. Yes, the usual practice is once the folder is turned over to a law firm or collection agent, then control of that account passes to the law firm or collector. These guys get 25% or higher of whatever amount is collected so they go after accounts with the higher probability of collection/settlement. The smaller ones or the ones that look doubtful for collection they simply ignore.

    Very true.....although yung sa BPI Express Credit di na ata umaabot sa ganoon....i mean may credit and collection dept sila....kaya ko nasabi na baka pwedeng iareglo pa sa bangko.....kasi ganun ang ginawa kong arrangement about 8 years ago..

     

    Kung citibank yan......for sure pupunta yan dun sa law firm ng friend ko.....kaso di ko masuhulan ang mokong business is business daw :lol: talagang kukulitin ka nun :lol:

  11. ^^ 3 whole eggs (with the yolk)? If i remember my homework, about a year ago i read about this "recent study" that a person can consume 1 whole egg a day and be fine. I dunno if some more recent study has reverted this

    I think someone should shed a light to this....

     

    What is the naked truth about eggs?

     

    ako kasi ang alam ko masama ang egg yolk because of the cholesterol atsaka yung salmonella.....pero without giving out my reasons.....yung mga officemates ko (who happened to be food conscious also) give my a different look.....they tell me i should eat the yolks too coz eggs were meant to be eaten with it.......pero napanood ko naman si Ben Stiller last year publicly denouncing eggs saying it is the root of all diet evil.......

     

    so which is which? :blink:

  12. thanks..

     

    her kids are aged 4 & 2yo.

     

    the 3rd question was:

    CAN Ms. X file a case of abandonment? Since 2 years na walang communication/paternal visits.

    Hope this helps.

     

    Abandonment is not a separate action in court. It is only a ground for legal separation. Furthermore, the success of this action will not guarantee custody over the child. Custody over children below 7 years of age is usually awarded to the mother, unless the Courts see compelling reasons to rule otherwise.

     

    A petition for legal separation may be filed only by the husband or the wife, as the case may be, within five years from the time of the occurrence of Abandonment of petitioner by respondent without justifiable cause for more than one year.

     

    What is Abandoned Child? One who has no proper care or guardianship.

    One whose parents or guardians have deserted him for a period of at least six continuous months.

     

    What is Abandonment? The act by which a thing is voluntarily renounced constitutes an abandonment.

  13. Follow-up question po:

    I have a friend na may utang din sa credit card nya. Ngaun he received a demand letter from a law office, may kasama nang complaint letter na ipa-file sa court, pero di pa napa-file, sort of sample complaint letter.

     

    Does it mean the bank will pursue to file the civil/criminal case sa friend ko? Or it's another way para takutin lang sya?

     

    Yung law firm/collector ng bank instruct her to pay this certain amount monthly kaso di nya kaya, he's telling them na yung kaya nya lang i-provide na amount as of the moment, kaso ayaw pumayag ng collector/law firm. Wala naman balak takbuhan ng friend ko ang obligations nya kaso lang may financial problem lang talaga sya.

     

    So papano ba yun? Do they have the right na mag-demand ng certain amount to be pay? Or pwede kaya yung kaya nya lang? Pano kung i-insist parin ng collector/law firm na yung ang amount dapat?

     

    Thanks!

    Yes, they have the intent to pursue the case because your friend incurred a civil liability. Believe you me, they're not scaring you......sending the debtor a letter of demand is a requirement before the bank and not the law firm can file the case in court.....then again, i have friends who receive these things on a regular basis and they don't feel worried at all....and surprisingly, theyve survived long enough to receive another demand letter.

     

    They have the right to demand for the amount due because whatever charges and add-ons must be based on the contract your friend signed during application. And besides your friend is given a monthly SOA so technically, he knows whats coming to him.

     

    I suggest you talk with the bank (because its the creditor who will file the case in court) .....maybe just maybe they could help your friend sort things out.

     

    Hope this helps.

  14. mga sir follow up lang po, yung RA 8484 defrauding of creditors. with regards to the unpaid credit card. exam week kasi kaya ndi ako makakausap ng lawyer, probably next week pa ko punta lawyer. medyo naguguluhan lang po ako kasi it can be a criminal case against me. :)

     

    thanks po.

     

    Ang RA 8484 ay batas na nagpaparusa sa mga taong gumagamit ng "access device" tulad ng plastic credit card, credit memo, etc.,etc., na pineke or fraudulently obtained or made, upang magkaroon ng pera, o serbisyo mula sa ibang tao. Kaya iyong kinunan ng pera/serebisyo ay puwedeng maghabla kung ang RA 8484, na isang penal law, ay nalabag mo. Sa ilalim ng lahat ng ating batas, lahat ng tao ay may karapatang magdemanda. Pero patunayan ito, ay ibang usapan.

     

    Basta tatandaan mo na sa ating Constitution walang nakukulong sa utang, basta walang kasamang panloloko.

     

    Magkaganoon man, may obligasyon kang magbayad ng iyong utang ayon sa iyong kakayahan at hindi mo pwedeng sabihing wala kang kakayahang magbayad, dahil lalabas na panloloko ito. Pag kumain ka sa restorant, at hindi ka nagbayad, estafa ang kaso mo. Kumuha ka ng merchandise o serbisyo through your credit card, dapat lang na magbayad ka. Kaya hanggat maari, makipag-ayos ka diretso sa ngbigay ng credit card sa iyo. Bayaran mo kahit unit-unti sa paraang dati mo ng ginagawa.

     

    Peace.

  15. Actually the proper government agency for this is the Philippine Overseas Employment Administration. That is, if the Agency has registered with this office. All manning agencies are required to put up an escrow deposit of P1,000,000.00 for damages incurred by contractual workers who have been defrauded. Any amounts due to you and your co-contractuals will come primarily from this escrow fund. So you might want to try this avenue also aside from the media, who tend to select people to help depending on their impact on viewers.

    PWEDE! :boo: although pag ordinaryong tao ka lang na pupunta sa POEA, may tendency kasi na matagalan ang aksyon.....who knows baka may insider sila sa loob...

  16. Mga Sirs,

     

    I have a girl friend who got married to a Japanese in Manila for the purpose of getting a spouse visa going to Japan.

     

    The Japanese was paid a fee, so there was no sex and no actual living together. She went to Japan with a Philippine passport

     

    carrying the surname of the Japanese national.

     

    She had since came back to the Philippines and was wondering whether she can change her passport back to her maiden name

     

    without the Japanese surname.

     

    Please advise.

     

    Thanks a lot in advance.

    Legally you can't....binding ang kasal ninyo e....pero pwede mo ipa-annul.......

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