dictum

hello to all!

 

not sure kung may previous inquiries na sa question ko, ang dami ng pages para ma-review.

 

Tanong lang kung paano mapa-clear yung encumbrances na nakalagay sa title? Kung sakali, malaki ba ang magagastos dito?

 

Thanks.

It depends on the encumbrances annotated on the TCT. Some liens or encumbrances or annotations could be cancelled easily, such as a real estate mortgage which could be cancelled via Release of Real estate mortgage.. For other encumbrances, you might need to go to court to have it cancelled.

 

 

Good day and thank you for the response, Evilbrain and dictum. Here are the details:

 

(1) The condo unit is under the account of someone who is already based overseas but can still be reached via email.

(2) I bought the property but with there was no deed of sale. I know, this is where my problem started and I acknowledge my lapse even though I was really busy during this time.

(3) I was able to get a signed SPA giving me full rights to the property but it was not notarized. Again, acknowledging another lapse on my end.

(4) The property is already long overdue for turnover from the developer.

 

Given this, what is my best course of action so the property can be turned over under my name?

 

Thanks again for your time.

Since you mentioned that the condo is "long overdue for turnover from the developer", I would assume that the Condominium Certificate of Title is still registered in the name of the developer. I am also assuming that the condo project/building has already been built and is ready for occupancy.

The condominium law allows the buyers to transfer their rights to another during so long as no deed of sale between the buyer and the developer has been executed. The documentation is done through a Deed of Transfer of Rights. Usually, the developers would have their own preferred format and/or template of the Deed of Transfer of Rights.

I would suggest that you coordinate directly with the developer, inform them of your acquisition of the condo via the deed of sale and inquire on the status of the condo and the buyer's account. It could be that the buyer has unpaid obligations to the developer which is why the condo has not been turnover yet. The most usual unpaid fees would be the registration fees and the real property taxes.

Hope this helps.

good day to all of our Esquire GMs. may active pa po ba dyan that I can ask about condo turnover and undocumented sale. salamat.

what do you need to know?

baka pwede nyo namana ko bigyan ng form - Estate Settlement: Declaration of Heirship / Extra-Judicial Settlement of Estate with Waiver of rights o Share

 

Thanks po

Please send me a p.m. so I can send you the forms directly to your personal email. Thanks.

mga Sirs hope you can provide some legal advise sa concern ko below...

 

May property ang uncle ko na binili from a person long time ago(siguro meron ng 15 yrs to). The property is under GSIS and until now di pa nalipat sa name ng uncle ko un property. May discrepancy kasi un signature ng contract owner vs sa deed of sale na in-execute nila. There are a few complications sa issue na to so please bear with me.

 

1). The original contract owner is already dead. I think the husband and un mga anak are still living but right now we have no way to trace their location anymore.

 

2). To make the issue more complicated, un uncle ko namatay na without having the said property na malipat sa name niya. So right now the property is still with GSIS and what we have right now is the deed of sale executed only.

 

Paano po ba dapat ang gawin namin dito para magkaron na ng title un property. Ang plan sana is to sell the property but without a clean title mahirapan po kami gawin ito.

 

Alam ko po mahabang proseso to kasi both of the proponents ng deed of sale are both deceased already.

But we have to start from somewhere so any advise you can give me will be greatly appreciated.

Aside from the deed of sale between the original owner and your uncle, do you have a receipt or any other document to show that there was an actual sale of the property?

Since the title is still under the name of GSIS, what is the document that transfers ownership to the seller from whom your uncle bought the property?

Please pm me for details. Thanks.

please enlighten me. ano po kaibahan pag ang nakalagay sa deed of sale is "married to" or "spouses".

 

sabi nila pag married to at nag hiwalay na kailangan lang ng affidavit of abandonment ok na where as sa spouses kailangan dumaan sa korte.

 

tia

For purposes of ownership of properties, the term "married to" may be argued as a description of the person's civil status as one who is "married" but it does not follow the property co-owned by the married couple. As such, in some cases, if you were to sell a property where the description is merely Mr. ABC married to Mrs. XYZ, Mr. ABC may be able to sell the property even without the marital consent of Mrs. XYZ.

If the description of the owners are "Spouses ABC and XYZ" it can be presumed that the married couple are the co-owners of the property. Thus, you cannot validly sell the entire property without the marital consent of the other spouse.

Hope this helps.

Nais ko po sanang humingi ng tulong sa inyo ako po ay isang OFW sa UAE nung nkaraang taon 2008 nag loan po kami ng bahay sa pilipinas nakapag bigay na po kami ng mga dokumento para sa pag loan ito po ay thru PAG IBIG din at ito po ay nkapangalan sa akin fiance nkapag hulog na po kami ng mahigit 80 thosand pesos para sa equity ng bahay at buwan buwan po iyon wala pong palya sa pag hulog itong 2009 sa kasamaang palad nawalan po ng trabaho ang aking fiance dahil narin nga po sa GLOBAL CRISIS at siya po ay umuwi sa pilipinas at sa pag uwi niya nkatangap po siya ng sulat sa DEVELOPER na nanghihingi ng JOB CONTRACT siya po ay tumungo sa opisina ng developer at sinabi niya nga po ang nangyari sa kanya ang sabi po ng DEVELOPER kung hindi daw makapag provide ng nasabing DOKUMENTO ay forfeit daw po nila ang aming mga nahulog at wlang makukuha. April 7, 2009 nagtungo ang aking fiance at agent na contact namin sa Opisina ng developer at sinabi nga po na Cancelled na daw ang aming mga papel dahil Lack Of Document po daw ni wala pong formal na sulat na natangap ang aking fiance na cancelled na ang aming mga dokumento at loan sa nasabing developer at ang advise ng agent sa head office ay magbayad daw po ulit ng 10 libo para sa reservation fee po ulit at binibigyan kami ng 1 buwan para ayusin ang JOB CONTRACT at kami nga po ay nagbayad sabi na din kasi ng agent na subukan daw pong pekein ang dokumento dapat po kasi ang aking fiance ay babalik d2 ngunit ang bagong employer nman po nya ay hindi na ata naasikaso ang VISA nya at hindi ko na din po ma contact. ako po ay natatakot dahil hindi ko po alam kng ma aaprove po kung pekein ang Job Contract at kung hindi nga po ma approve pano na po ang mga nahulog namin sapagkat kami pong 2 ang nag huhulog nun hindi po kami kasal. Nais ko pong malaman sana kung ano ang mga dapat namin gawin. At maari po ba nilang forfeit ang aming pera miski kami po ay nakapag hulog ng maayus. Hindi po ba masyado nila kaming ginigipit sa sitwasyon na nangyari sa aking fiance? at may mkukuha pa po ba kaming pera sa kanila? kami po ay wala pang 2 taon naghuhulog sana po ay ma tulungan nyo ako sa aking mga katanungan. Maari po sana kung kayo ay may kasagutan sa aking katanungan sulatan nyo po ako sa jolmedilla@hotmail.com at kung maari din po na mahingi ang contact # ng kung sino man na pwede kaming assist sa aming problema sa DEVELOER

If the developer had accepted installment payments from you since 2008, I assume that you're application for home loan was approved by them. Notwithstanding the change on your job employment, for as long as you have been regularly paying the monthly instalment payments, they should not have unilaterally cancelled the loan nor can they forfeit the installment payments.

Hi. I'm buying a condominium unit but I want the title under my child's name who is minor. Is this possible and how should I proceed about it? Thanks.

Hi. You can buy the property and sign the documents in behalf of your minor child. As her parent, you are considered as the guardian of the minor child. However, the seller of the condominium would probably require that you secure a formal appointment in court as the legal guardian of the minor as well as an approval for the acquisition of the condo.

I recently handled a similar case where our VP acquired a condo to be registered under the name of her minor child. The Developer as well as the Bank who financed the acquisition, required for a formal court order appointing her as legal guardian and court approval for the acquisition of the condo.

So, you might be forced to file a petition for guardianship before the RTC.

Hope this helps.

hello mtc lawyers,

 

need insights lang...

my father is part of a group of pinoy ofws who filed a class suit against their american employer. the case was filed in 1984, and until now the plaintiffs havent received the proceeds from the case.

 

this is a long read but this link B&R case i believe is an abridged overview, though not updated, of the said case. my parents together with the plaintiffs have been attending meetings but so far i don't see anything promising. sen herrera, a judge, etc have assisted them to expedite release of proceeds but to no avail. the case has been dragging for more than 2 decades.

 

they said the money is already here in pinas but my question is where exactly and who or what entity is entrusted to hold the proceeds for safekeeping before awarding it to the claimants.

 

do you think a class suit like this would ever be successful knowing how slow our judicial system is?

HI transcience.

I tried reading the SC 1994 decision, I have to admit, it was quite long and complex. Just a few questions though, I noticed that several petitioners either withdrew the case, agreed to a compromised, or their case was dismissed. The SC came about with several decisions pertaining to different batches. To what specific batch do your parents belong?

Do they belong to the batch whose complaints were dismissed? Or to those who were required to present additional evidence? Or to those who were awarded by the NLRC?

Thanks

Hello Legal people! I would like to get your insights about a matter... This is regarding labor...

 

but first, kung ipo-post ko ba dito yung contract na pinapipirmahan samin for all of you to scrutinize, meron bang kaso yun? Im planning to post the contract here para naman actual talaga...

Go ahead. Just post the salient terms and conditions and try to avoid mentioning company names.

what's wrong with alleging alternative causes of action?

 

what do you mean it is up to the lawyer not the client?

Thank you, sir Jake Roxas for a very lengthy lecture on "psychological incapacity". I'm pretty sure all of us were "enlightened" by your brilliance.

Just the same, I still maintain that it would be very easy for annulment practitioners to "make out" a case for annulment based on psychological incapacity given the spouse's sexual infidelity. And if he were my client, I would advise him to file for annulment and not merely legal separation taking into consideration that had it happened to me, I would want to remove her both physically and legally from my life.

Based on the case which you quoted herein-above, the Supreme Court ruled and I quote for immediate reference:

"Respondent’s sexual infidelity or perversion and abandonment do not by themselves constitute psychological incapacity within the contemplation of the Family Code. Neither could her emotional immaturity and irresponsibility be equated with psychological incapacity.[15] It must be shown that these acts are manifestations of a disordered personality which make respondent completely unable to discharge the essential obligations of the marital state, not merely due to her youth, immaturity[16] or sexual promiscuity."

Thus, as ruled by the Supreme Court "it must be shown that these acts are manifestations of a disordered personality to be equated with respondent completely unable to discharge the essential obligations of the marital state". As such, it is a matter of satisfying the legal and evidentiary requirements of the law. I'm pretty sure that any annulment lawyer worth his salt would be adept at fulfilling the rudimentary requirements of the law.

Hence, if it is a question of the best case to file, annulment should be preferred. Of course, it goes without saying that the evidentiary requirements should be met.

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.

yeah hotel venezia

you can also visit some at www.bicolbusinessdirectory.com

Am off to Legaspi City this wednesday, any MPs or nightsposts you could recommend? I hate to stay by my lonesome at the Venezia Hotel..

Thanks.

pag nag commit ba ng adultery yung babae pwede ba itong grounds to annull/

 

ma void yung marriage?

File a case for annulment instead of legal separation. I will definitely fall under Article 36. I'm pretty sure the practitioners on annulment cases can easily "make out" a case for annulment based on Art. 36 of the Family Code.

the letter was already accusatory

 

 

 

because we used the reasoning that asking an employee to go on terminal leave was tantamount on clearing all his responsibilites, they are threatening with criminal prosecution

 

 

 

the order to go on terminal leave was verbal, issued by the HR Manager and his direct Manager

 

 

 

what they are saying in the letter was that the employee intentionally concealed all the outstanding matters from the management, that he willfully neglected all his duties until he left

 

 

 

the reason the employee resigned was due to friction between him and his boss

 

 

 

to avoid escalating this friction, he resigned

 

 

 

but I think his boss is now extracting revenge

 

 

 

by the way, all the neglected items they are accussing the employee of not finishing, they can also point the finger to his boss why such were not settled on a timely basis under her watch

Since the instruction to go on terminal leave is merely "verbal", I suggest you document it by sending a letter emphasizing that you were pre-empted from making a proper turn-over because there was already a verbal directive to go on terminal leave coupled with the assurance that your clearance would be properly taken care of as a matter of course. You may further add, that you were made to understand that you have already been "cleared" of all employee obligations.

Also, please ask for documents in connection with their charges against you. Insist that without these documents, you would not be able to make an intelligent explanation of the charges against you.

Please remember to choose your words carefully having in mind that whatever you say may be used against you, in case, this develops into a full-blown legal matter.

Please keep us posted on development thru this site so we may be able to properly guide you on what steps to do.

Good luck.

Do we have any Labor Lawyer in the House?

 

here is the scenario

 

If you resigned from your employer and they asked you to go on terminal leave 20 days before the effectivity of your resignation and you were not yet able to accomplish complete turn over of your responsibilities (any pending work, cash advances)

 

then you inquired how your clearance will be processed and they gave you a verbal assurance that they will take care of it

 

then after more than a month, they send you a letter listing down items that according to them you failed to accomplished and they are ordering you to explain why such were remained unfinished

 

am I still legally required to answer their queries?

 

if not answering their queries delays the issuance of my clearance, what are my legal options?

 

if I answered their letter with this "asking me to go on terminal leave is tantantamount of clearing me of any outstanding responsibilites", am I correct on this line of reasoning?

 

with my reasoning above, they send me a letter threatening criminal prosecution if I don't reply to their queries, do I have legal right to sue them and claim moral damages?

 

would appreciate your answer even if you are not a practicing labor lawyer

When they asked you to go on "terminal leave" 20 days prior to your intended resignation date, was this in writing? if so, you better keep that letter. If it was not in writing, I suggest you write them a reply letter and emphasized that you intended to make proper turn-over, liquidation and accounting but was pre-empted from doing so, when they directed you to go on terminal leave coupled with the assurance that your clearance would be properly taken care of.

I further suggest that you request for details and copies of supporting documents in connection with the supposed "list of items" that you were not able to finish before you reply to their inquiries and even before you make an explanation. While it would always be prudent to reply and give an explanation, however, try to ascertain first if the letter is "inquisitorial" or accusatory, that is, if you think that your explanation wont matter anymore and that the company is hell-bent on filing criminal cases against you, then, dont explain anymore. Just request for supporting documents. If you do decide to make an explanation, make it short and concise. Remember, less talk, less mistake.

Hope this helps.

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??

For sure, the credit card company would send you a billing for the usage of the credit cards. I suppose by this time you had already reported to the police the lost of the credit card, if not, you better do so. Secondly, you have to immediately inform the credit card company of what transpired. I suggest you write a formal letter and ensure that they receive a copy. I would also suggest that you request for copies of all receipts that were signed as these would bear your forged signatures.

Although it is quite tedious and difficult to put up a good defense for these kind of cases, in the event, this reaches the court, you can always question the signature as appearing in the receipts.

Hope this helps.

baka ung isa ung i-fa-file nya kc kelangan pa daw naming pumunta sa QC Hall sa fiscal para mag personal appearance and file.

 

mas maganda ba kung civil? ano differences aside from bypassing fiscal?

 

actually, hindi car vs car ang pinaguusapan natin dito. ako mismo ung nabundol ni mokong. i was in a pedestrian lane in front of Gerrys Grill along C5 from Cubao going to work (Eastwood) when i was hit by a car driven by this person who lives in Cainta, Rizal.

 

nagmabuting palad naman cya na dalhin ako sa hospital, i passed out after the impact eh. they paid for the hospital bills but they refused to have me undergo CT scan since ok naman daw ung mga Xrays. Since i wasnt feeling well that time, i decided to use my medical insurance instead.

 

when i came back to work after 2 weeks, i tried calling them to ask for some amount for the days na i was absent. ayaw nila, pasalamat daw ako at dinala pa nila ako sa hospital.

 

hay... ayaw ko na rin sanang umabot sa ganun kaso i have no choice. firm sila in saying they have no money. kung for example totoo na they don't have anything tas i won the case. ano mangyayari nun? TIA ulet. Sana wag kang magsawa sir Jopoc! :thumbsupsmiley:

Go ahead and file the criminal case. Based on your story, it appears that the guy who bumped you is even arrogant. He deserves to know the consequences of his actions. If he would refuse to settle amicably, then he should be penalized.

Considering the guy paid for your hospital bills, I would assume he has the means to pay but is just holding out and waiting for what you would do next. File the criminal case and lets see what happens during the course of the proceedings. If it becomes tedious for you and financially unbearable, you can always withdraw the case or let it proceed its natural course.

Hope this helps.

Gud am! First time to check this thread. My problem is almost similar to the one above about credit card companies trying to collect from my father who just died last June 22 of this year.

 

Altho my question is how do I file for a bankruptcy for a sole proprietorship? He has an unfinished project from a private firm and that project is currently stalled by the government.

 

I am just about to begin finding out about it and i truly hope that u could give me a headstart.

 

Thanks!

Hi Shizuka.

Our condolences on the demise of your father.

Regarding your query, I would assume that the sole proprietorship is registered under your father's name. Unlike a duly registered corporation which has an artificial personality conferred by law, a sole proprietorship does not have a separate personality. Thus, your father and his business are treated as one and the same, that is - the contractual obligations of the sole proprietorship are also the contractual obligations of your father, or in this case, since he died already, these become obligations of the estate of your father.

As such, if the sole prop has outstanding obligations, the unpaid creditors may go after the estate of your father. When we say "estate", these would include all real and personal assets of your father when he was still alive. If your father acquired real properties and had maintained bank deposits, these form part of the estate and the unpaid creditors of the sole prop may file a claim against the estate of your deceased father.

I hope this helps.

Need your opinion, compañeros...

 

A possible medical malpractice case has been brought to my attention. However, I am loathe to step into it as the doctors involved are personally known to me (friends, even!) and I fear that the full medical records won't be disclosed if they find that I am making inquiries.

 

A friend of mine recently underwent a series of emergency medical procedures at a well-known hospital. A hundred thousand pesos later, she hasn't been "cured" and the family opted to bring her to another hospital in another province hopefully to seek better medical attention and consequently, relief.

 

I read the medical abstract drawn up and it wasn't as informative as I hoped it would be. In fact, non-MD as I am, i understood it completely on the first reading!

 

The family wants to bring the full medical records and charts with them on this new confinement and possible surgery, understandably because they want to avoid going through the entire process again of blood extractions and CT scans and fluoroscopy and x-rays again. And again. Including information on the full range of interventions that had been done so proper analysis may be made of why not all of them seemed to work.

 

But they're running into brick walls.

 

I tried to talk to the resident in-charge and he was not available for comment -- as he hasn't been for the past several days. Neither have I been successful in seeing any of the doctors on her case.

 

I don't want to go to court and cast clouds on reputations. Is there a way the hospital may be compelled to surrender the patient's records without having to resort to legal means (e.g., writ of mandamus)? The family is not (YET) interested in pursuing a case... they just want my friend to get better. But with their inability to obtain the records --- that's why I'm getting involved.

 

Your inputs would be appreciated. Thank you.

Hi Lyssahot.

I understand your predicament.

I recall that our Firm handled a medical malpractice case before and we had difficulty in obtaining the patient's medical records. Nowadays, doctors are wary of medical malpractice cases such that they would oftentimes band together to protect a fellow doctor, oftentimes, this would include concealment of records.

What we did at that time is to allow the patient's new physician to request for the patient's old medical records from the patient's attending physicians on the pretext that as the new physician, he needs the records for the proper treatment of the patient. I think the attending physicians are duty bound to furnish the new physician with the patient's medical records so that the new physician would be aware of the patient's medical history, specifically the diagnosis and the previous medical treatments and procedures received by the patient.

I hope this helps.

Dear Sir,

 

My father left an unpaid credit card, he passed away 8 years ago (died in 1998) previously he had a business sole proprietorship, now some collection agency is asking my mother to coordinate with them regarding the unsettled payment around Php 27,000.00 only, I told them that the family never benefitted from the business. What shall we do (children and my mother)?

The alleged unpaid credit has already prescribed. Probably, the credit card company is just trying to harass you to pressure you to pay. Although, there are still ways to collect, given the small amount of their claim, I highly doubt if they would resort to the actual filing of court action against the estate of your deceased father.

Just the same, if this credit has really been obtained by your deceased father, if your finances permit, you might want to consider discussing with the credit card company for a possible settlement for purposes of having peace of mind.

hi lawyers and law students... does anyone have audiobooks of Philippine codes? Civil Code, Revised Penal Code, etc? Where can I find these?

Wala 'atang ganun, what I know of are magic notes which are compilation of lectures of well-known law professors like Dean Aligada or Dean Ortega. But usually these are exclusive notes for Fratmen.

I heard that some enterprising law student was able to record review classes of some law professors, I just dont know if its up for sale.

we have this scenario.

 

- My boyfriend borke up with his girlfriend last dec 2005.

- they've been friends and communicating since the break up.

- my boyfriend and i got together may 2006.

- when the ex-gf learned about it she got furious and said that she was 5 months pregnant with my boyfriend's child

- she stormed into my BF's house. talked to his parent's and said that they don't want financial help but only acceptance of the child. and that in any event that they need to visit the child after giving birht they can do so as long my BF is not included.

- my BF's parents thought everything was ok and settled but this girl is still annoying my BF.

- the girl pressure's my boyfriend for money to use for the baby when she gives birth and also for milk and all for the first 2 months.

 

sub details:

- the girl presented her pregnancy only this MAY 2006 and to think that she and him was communicating from dec 2005 til may 2006. and she's already pregnant at that time.

- the girl is going to give birth ceasarian because of complications with the pregnancy because the girl admitted that she was always drinking and smoking because of what she learned about.

- the girl's family initially stated that they do not want to impose marriage on the 2 only for that reason.

- the girl keeps on telling everybody how the guy declined support to the child not only through text but also through forums and web announcements

- the girl sent me a message with a hint of insult against me and my BF.

 

other details:

- my bf is 22 yrs old. graduated from informatics.

- the girl is 27 yrs old. psychology graduate. professor in informatics.

- they met in school. she was his professor. :evil:

 

my question are:

1. is this something that she really can do? (i mean pressuring the guy to give financial assistance although first hand, her party has given word that they don't need it?) :grr:

 

2. does she have the right to threaten to press charges against the guy for not giving money and creating a scene or to scandalize the name of the guy's family? :thumbsdownsmiley:  :thumbsdownsmiley:  :thumbsdownsmiley:

 

3. what are the things that we should do for this problem?

 

4. she did not disclose her pregnancy for 5 months although they were still seeing each other at that time and had it out in the open only when she learned about me and my BF's relationship. can we use this against her?

 

5. can my bf decline financial support to the girl because of this?

 

6. how about the child's custody?can my BF have the child instead because i think the mom is psychologically challenged ?

 

(i'm really sorry if i have too many questions. :cry:  i just want to be knowledgeable about this case and what are the things we can use for defense so that at least we know where we stand.   :thumbsupsmiley: )

<{POST_SNAPBACK}>

As a rule, the child is entitled to receive support from his father depending on the needs of the baby and the financial means of the father to give support. This presupposes, of course, that your BF is really the father of the baby.

Thus, the first thing to do is to determine if your BF is really the father of the child. Of course, it may be difficult to do this at this time considering that the child has not been born yet. (I dont know if DNA testing could be performed already.) The fact that the ex-GF kept her pregnancy a secret for a long period of time would not be sufficient basis to deny support.

If the mother is really in need of financial help for her pregnancy, I strongly urge your BF to support her, especially if it turns out that the baby is really his. It goes without saying that no father would want his baby to suffer in any manner.

About the child's custody, this will come later. If it can be proven that the mother is an "unfit mother", then I submit that your BF, assuming he is the biological father of the child, is entitled to the custody of the child.

Hope this helps.

With all due respect my dear Jopoc, you will realize in time that the actual practice of law is a wee bit different from the mere study of it. The nuances of legal practice, which I do not assume to have fully learned, can only be understood through actual experience. But I fully trust you will get to that, all in due time.

 

First off, it is NOT the threat of filing a suit which is considered vexing. It is the manner in which collecting agencies conduct their affairs which may be deemed so. Some collecting agencies resort to humiliating the people they collect from. Some resort to telling a person's officemates or neighbors that he is deeply indebted to a credit card company. Some call relentlessly, even in the late hours of the evening or early morning thus resulting to a general lack of peace of mind for the person subject of the collection efforts.They aim to bug andf vex you just so you'd pay up. If these circumstances are present, I have no doubt in my mind that, at the very least, probable cause for unjust vexation exists. I have personally handled a case for a personal friend once and the public prosecutor sustained our contention. Bonito's client is also an example that this remedy is available for people who are relentlessly being bugged by these collecting agencies. Indeed, while a person who has a credit card debt should indeed settle his obligations, the collecting agencies should also bear in mind that they must conduct their affairs in a just and professional manner.

 

Secondly, although you may of course include the officers of a corporation in the suit, I doubt if you can prove that probable cause exists to hail them to court for unjust vexation. My contention is consistent with the principle enunciated in the case of  Sia vs. People (G.R. No. L-30896) which stated thus (in criminal cases):

               

        "In the absence of an express provision of law making the petitioner liable for the criminal offense committed by the corporation of which he is a president as in fact there is no such provisions in the Revised Penal Code under which petitioner is being prosecuted, the existence of a criminal liability on his part may not be said to be beyond any doubt."

 

        The principles of "principals by inducement or indispensable cooperation" do not apply.

 

          As for your last question,  you may refer to my answer to your first query. In the case of the person who first asked the question in this thread ( I forgot who), he does not even know the name of the person calling and bugging him that is why he was advised to get  a/the name. I also answered that question in general terms, not merely limiting myself with the phone calls. Nonetheless, the persistent and humiliating phone calls alone would suffice for the filing of a case but, again, one has to get a name.

 

        Lastly, I agree with Lyssahot. If you owe someone, the best thing to do is to pay up. But then again, collecting agencies should bear in mind that there are limits of basic human deceny within which they must conduct their affairs. The legal profession demands that a client is entitled to the best legal help/advise his lawyer can give and if Bonito's ploy worked for his client in that it resulted (or may result) in a compromise, then well and good. In actual practice, this sort of ploy is more often than not some sort of leverage. One has to be creative within the bounds of the law.

 

          Peace.

<{POST_SNAPBACK}>

Well said, pañero.

And spend more for filing fees?

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Unlike before, the institution of criminal cases would also entail the payment of filing fees, although not as much as the filing fees for civil cases, well you probably know that as well.

Further, since the act of calling you for collection purposes is precisely the function of these credit collection agencies, I doubt if it would fall under "unjust vexation". More importantly, the persons calling you are just doing their job, albeit a bit overzealous. It is quite unfair if you slap them with criminal complaints for doing their job. Lastly, since the act done was in the performance of an official capacity, your cause of action is really against the company per se. If there is no specific provision providing for criminal liability for the officers of the corporation, then, I humbly submit that the employees or the officers could not be held criminally liable.

list them down.

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While you cannot file a criminal case against the company, it being an artificial person, nonetheless, you are allowed by law to file a civil case against the company for damages.