legal Free Legal Advice

[oliverjohnholmes]

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.

[bonito99]

none.

 

happy new year!

[mhim101]

good day

 

question regarding conjugal properties..?

 

namatay po ang wife nuon buhay pa sya nakabili sya ng properties naka pangalan sa kanya using her married name

wala silang anak...may habol ba yun mga relatives nya sa property? eg. sisters, nieces..

 

thank you in advance

[jakewise]

Can you file a complaint with the Ombudsman if a barangay secretary and barangay chairman refuse to receive a letter addressed to the latter? Does the act constitute neglect of duty on the part of the said barangay officials? If yes and proven guilty, what is the sanction against the said barangay officials?

[Google]

Can you file a complaint with the Ombudsman if a barangay secretary and barangay chairman refuse to receive a letter addressed to the latter? Does the act constitute neglect of duty on the part of the said barangay officials? If yes and proven guilty, what is the sanction against the said barangay officials?

ombudsman kaagad? baka pwede muna kay Mayor and sa DILG.

[nwebe]

good day

 

question regarding conjugal properties..?

 

namatay po ang wife nuon buhay pa sya nakabili sya ng properties naka pangalan sa kanya using her married name

wala silang anak...may habol ba yun mga relatives nya sa property? eg. sisters, nieces..

 

thank you in advance

 

afaik, wala since "conjugal property" siya, sa asawa na 'yun.

[jakewise]

ombudsman kaagad? baka pwede muna kay Mayor and sa DILG.

I have read just tonight in my research that administrative cases are brought to the Sangguniang Panlungsod or Panlalawigan depending on the jurisdiction, as the Ombudsman only hears criminal cases against elective officials. Can a lawyer in the forum confirm this?

[markgo16]

Legal advise for unpaid globe postpaid account

Hi guys so far pag ka check ko ng balance ko sa globe around 40k

20k bill 20k for the handset

So far di pa naman ako kinukulet ng globe talked to my friend na nag tratrabaho sa globe store ang sabi sakin wala naman daw nakukulong sa ganyan

And I also read na they can file a civil case but not a criminal case

So here's my question im planning na mag bayad naman pero ngayon kse kapos lng tlga ako so gusto ko lng sana huming ng advise kung practical ba na bayaran ko pa ng paonti onti or iwan ko nlng kse un ang sinasabi skn ng ibang tao na wag ko na daw bayaran kse panget din naman daw service ng globe

[Google]

Legal advise for unpaid globe postpaid account

 

Hi guys so far pag ka check ko ng balance ko sa globe around 40k

 

20k bill 20k for the handset

 

So far di pa naman ako kinukulet ng globe talked to my friend na nag tratrabaho sa globe store ang sabi sakin wala naman daw nakukulong sa ganyan

 

And I also read na they can file a civil case but not a criminal case

 

So here's my question im planning na mag bayad naman pero ngayon kse kapos lng tlga ako so gusto ko lng sana huming ng advise kung practical ba na bayaran ko pa ng paonti onti or iwan ko nlng kse un ang sinasabi skn ng ibang tao na wag ko na daw bayaran kse panget din naman daw service ng globe

 

i would suggest talking to Globe on this, on how to pay everything by installment. kinuha mo din naman yung handset and ginamit mo din naman eh.

dahil sa panget ang service, hindi yun excuse para di bayaran. and besides, the definition of panget varies. it may be panget to you, but it may not be to others, so mahirap patunayan. it will not hold its ground, in case Globe decides to sue you to recover the amount.

Edited February 3, 2016 by Google

[Google]

good day

 

question regarding conjugal properties..?

 

namatay po ang wife nuon buhay pa sya nakabili sya ng properties naka pangalan sa kanya using her married name

wala silang anak...may habol ba yun mga relatives nya sa property? eg. sisters, nieces..

 

thank you in advance

as far as i know, kung walang anak, walang surviving spouse, the estate can go sa appropriate heirs, which parents muna, tapos siblings.. yung mga pamangkin can go after it, if all surviving siblings and parents are not present.

[wildswans]

Good day po. I have some questions.

 

Let's say the guy died in the US but he has a property in Manila. He is dead for several years already. The guy had an affair(not married) with a woman and they have 3 children. The property is under his name but legal wife is renting it out. My questions are:

 

1. Does the 3 illegitimate children have claims to his properties? If so, how much? Can they demand their share?

 

2. Since there was no extra judicial settlement of estate filed in the Philippines or US, can the wife use a power of attorney from the US to sell the property to someone (if she can get an SPA in the US, for example) so that the wife can sign the deed of sale on behalf of his deceased husband? Will the new owner be able to change the property to his/her name?

 

Thank you in advance.

[rocco69]

Good day po. I have some questions.

 

Let's say the guy died in the US but he has a property in Manila. He is dead for several years already. The guy had an affair(not married) with a woman and they have 3 children. The property is under his name but legal wife is renting it out. My questions are:

 

1. Does the 3 illegitimate children have claims to his properties? If so, how much? Can they demand their share?

 

2. Since there was no extra judicial settlement of estate filed in the Philippines or US, can the wife use a power of attorney from the US to sell the property to someone (if she can get an SPA in the US, for example) so that the wife can sign the deed of sale on behalf of his deceased husband? Will the new owner be able to change the property to his/her name?

 

Thank you in advance.

1. a) Does the 3 illegitimate children have claims to his properties?

 

It depends. If the 3 children were recognized by their father as his children (in their birth certificates, he admitted that he was the father); or there is a notarized document signed by their late father admitting he is the father; or there is a handwritten document SIGNED by the father admitting he is their father, they can claim a share from his properties.

 

If they do not have this kind of documentary evidence (even DNA evidence is disallowed), they will not be allowed to claim a share from his properties (the law requires that for proof other than that listed above, you have to file while the alleged father is still alive).

 

If so, how much?

 

Assuming they fall have been recognized or have the required evidence to claim a share, they would be entitled to 1/2 of the properties of their late father (see Art. 198, Civil Code).

 

In all probability, the property in question is "absolute community" property, i.e. owned by both the husband and wife. Upon the husband's death, his share would be 1/2, and the wife would be entitled to the other half. The share of the husband would then belong to his heirs - his wife and illegitimate children. Accordingly, the wife would own 3/4 of the property (her 1/2 share plus the one-half she inherits from her husband); while the children would own 1/4 (the one-half share of the husband's 1/2).

 

 

c) Can they demand their share?

 

If they are recognized illegitimate children, they can demand their share. First, they demand for their share from the legal wife, if she refuses, they can file an action for partition or for settlement of estate of their late father.

 

 

2. a) Since there was no extra judicial settlement of estate filed in the Philippines or US, can the wife use a power of attorney from the US to sell the property to someone (if she can get an SPA in the US, for example) so that the wife can sign the deed of sale on behalf of his deceased husband?

 

She cannot! A power of attorney allows someone to act on behalf of another. If the principal is already dead, he cannot execute an SPA, nor can there be an SPA at all (how can a person be authorized by someone who is already dead?). A settlement of estate, or a judicial order is necessary for the disposition of the property.

 

Will the new owner be able to change the property to his/her name?

 

The "new owner" is NO OWNER AT ALL. As stated earlier, the SPA would be a void SPA, hence may not be used to sell the property. More, any sale by the wife alone would likewise be void, as she has not yet settled the estate of her deceased husband (see last portion, 2nd. paragraph, Art. 103 and 130, Family Code). Accordingly, any sale to the new owner would be void, and the property never becomes his.

[rocco69]

good day

 

question regarding conjugal properties..?

 

namatay po ang wife nuon buhay pa sya nakabili sya ng properties naka pangalan sa kanya using her married name

wala silang anak...may habol ba yun mga relatives nya sa property? eg. sisters, nieces..

 

thank you in advance

Even if the properties are registered only in the name of the wife, they would be "absolute community" property; i.e. 1/2 to the husband, 1/2 to the wife.

 

As to the wife's 1/2 share, these would belong to her surviving husband and the wife's parents, 50-50 (see Art. 997, Civil Code). If the wife's parents are already dead, the property would belong to the surviving husband and the wife's brother's and sisters, nephews and nieces 50-50 (see Art. 1001).

 

In other words, the ENTIRE property would belong to the husband, who has a three-fourth share (his one-half share plus his inheritance); and to the wife's parents OR siblings, who would own one-fourth.

[rocco69]

I have read just tonight in my research that administrative cases are brought to the Sangguniang Panlungsod or Panlalawigan depending on the jurisdiction, as the Ombudsman only hears criminal cases against elective officials. Can a lawyer in the forum confirm this?

The Ombudsman can hear both administrative and criminal cases, but if the administrative case was already filed before the Sanggunian, the Ombudsman can no longer hear the same because the rule on concurrent jurisdiction disallows any other body from hearing the same case once a tribunal already acquires jurisdiction over the same

[wildswans]

1. a) Does the 3 illegitimate children have claims to his properties?

 

It depends. If the 3 children were recognized by their father as his children (in their birth certificates, he admitted that he was the father); or there is a notarized document signed by their late father admitting he is the father; or there is a handwritten document SIGNED by the father admitting he is their father, they can claim a share from his properties.

 

If they do not have this kind of documentary evidence (even DNA evidence is disallowed), they will not be allowed to claim a share from his properties (the law requires that for proof other than that listed above, you have to file while the alleged father is still alive).

 

If so, how much?

 

Assuming they fall have been recognized or have the required evidence to claim a share, they would be entitled to 1/2 of the properties of their late father (see Art. 198, Civil Code).

 

In all probability, the property in question is "absolute community" property, i.e. owned by both the husband and wife. Upon the husband's death, his share would be 1/2, and the wife would be entitled to the other half. The share of the husband would then belong to his heirs - his wife and illegitimate children. Accordingly, the wife would own 3/4 of the property (her 1/2 share plus the one-half she inherits from her husband); while the children would own 1/4 (the one-half share of the husband's 1/2).

 

 

c) Can they demand their share?

 

If they are recognized illegitimate children, they can demand their share. First, they demand for their share from the legal wife, if she refuses, they can file an action for partition or for settlement of estate of their late father.

 

 

2. a) Since there was no extra judicial settlement of estate filed in the Philippines or US, can the wife use a power of attorney from the US to sell the property to someone (if she can get an SPA in the US, for example) so that the wife can sign the deed of sale on behalf of his deceased husband?

 

She cannot! A power of attorney allows someone to act on behalf of another. If the principal is already dead, he cannot execute an SPA, nor can there be an SPA at all (how can a person be authorized by someone who is already dead?). A settlement of estate, or a judicial order is necessary for the disposition of the property.

 

Will the new owner be able to change the property to his/her name?

 

The "new owner" is NO OWNER AT ALL. As stated earlier, the SPA would be a void SPA, hence may not be used to sell the property. More, any sale by the wife alone would likewise be void, as she has not yet settled the estate of her deceased husband (see last portion, 2nd. paragraph, Art. 103 and 130, Family Code). Accordingly, any sale to the new owner would be void, and the property never becomes his.

Sir rocco69, thank you very much for the detailed explanation. I have a follow up question regarding SPA but please forgive me if it will sound dumb since I don't know the procedure of getting an SPA. What if the wife pay some lawyer whom she knows some money to secure an SPA or tell the lawyer that her husband is in another country, would that work?

 

Thank you in advance.

[rocco69]

Sir rocco69, thank you very much for the detailed explanation. I have a follow up question regarding SPA but please forgive me if it will sound dumb since I don't know the procedure of getting an SPA. What if the wife pay some lawyer whom she knows some money to secure an SPA or tell the lawyer that her husband is in another country, would that work?

 

Thank you in advance.

If the buyer is a sucker, he might believe that the SPA is genuine, and so, buy the property. BUT THE SALE WILL NOT BE VALID because the SPA is invalid. The real owners can always contest the sale as a void sale.

[wildswans]

Good day. I have some questions regarding labor laws in our country.

 

1. If an individual is made to sign as an "Independent Service Provider" or Freelance and the agreement said that there's no employer-employee relationship, can a company demand the individual to work certain number of hours or days or should the individual be free to choose his/her specific hours/days of work? Also, is an "Independent Service Provider" entitled to government mandatory benefits like SSS and etc? If not, how about when the company is demanding certain hours/slots/days of work?

 

2. If a company has some unfair labor practices, can an individual relay it to DOLE thru email without having to file a formal complaint? So that DOLE can investigate the company as a whole and not just the individual complaint since it involves other people as well (but maybe they don't have the guts to file a complaint)?

 

Thank you in advance for any info.

[Google]

Good day. I have some questions regarding labor laws in our country.

 

1. If an individual is made to sign as an "Independent Service Provider" or Freelance and the agreement said that there's no employer-employee relationship, can a company demand the individual to work certain number of hours or days or should the individual be free to choose his/her specific hours/days of work? Also, is an "Independent Service Provider" entitled to government mandatory benefits like SSS and etc? If not, how about when the company is demanding certain hours/slots/days of work?

 

2. If a company has some unfair labor practices, can an individual relay it to DOLE thru email without having to file a formal complaint? So that DOLE can investigate the company as a whole and not just the individual complaint since it involves other people as well (but maybe they don't have the guts to file a complaint)?

 

Thank you in advance for any info.

 

1. An independent service provider is measured on results, therefore the individual can chose the days and the number of hours per day that he/she can work as long as the results are satisfactorily delivered. The ISP cannot be deducted with such mandatory benefits, but has the option to pay for these mandatory benefits by himself. It would depend on the agreement between the contracting party and the ISP. If the company is demanding certain hours/slots/days of work, it would depend on the agreement between the ISP and the contracting party. Kung ayaw ni ISP, alisan nya.

 

2. No, it should be properly documented. Dahil kakain ito ng oras ng mga tao ng DOLE. If they would allow such practice, inulan na sila ng email.

Edited February 17, 2016 by Google

[limits888]

1st of all sorry po alam ko legal thread to pero wala kasi ako makitang pde pagtanungan e..

e2 po tanong ko...

bakit po di ako makapost sa ibang topics??

TY po~

[filibustero]

1st of all sorry po alam ko legal thread to pero wala kasi ako makitang pde pagtanungan e..

e2 po tanong ko...

bakit po di ako makapost sa ibang topics??

TY po~

May minimun number of posts required. Dun sa thread ng Community Management may helpdesk na topic. Dun ka magtanong sa mga mods.

[limits888]

May minimun number of posts required. Dun sa thread ng Community Management may helpdesk na topic. Dun ka magtanong sa mga mods.

salamat boss!!!

[oakley_boy]

good day!

 

question lang po. bnili ko po ang wife ko ng chucks sa sm southmall last feb6. after 2 weeks, natanggal yung logo ng shoes sa likod and ngsisimula na agad matuklap yung white cover sa harap. ndi nmn grabe gumamit ang asawa ko. sa call ctr po kmi ngttrabaho kaya madalas nkaupo lng sya and tuwing weekends nya lng nasusuot yung sapatos ksi dressup kmi pg weekends. mapapalitan po kya yung spatos? if covered pa dpat sya ng warranty, ano po ang dapat nming gawing kung ndi palitan ng sm? TIA

[black cat]

good day!

question lang po. bnili ko po ang wife ko ng chucks sa sm southmall last feb6. after 2 weeks, natanggal yung logo ng shoes sa likod and ngsisimula na agad matuklap yung white cover sa harap. ndi nmn grabe gumamit ang asawa ko. sa call ctr po kmi ngttrabaho kaya madalas nkaupo lng sya and tuwing weekends nya lng nasusuot yung sapatos ksi dressup kmi pg weekends. mapapalitan po kya yung spatos? if covered pa dpat sya ng warranty, ano po ang dapat nming gawing kung ndi palitan ng sm? TIA

Sana dinala mo na kagad sa SM, wag mo na patagalin. Pero wala naman kasing warranty sa ganyan. How much mo ba nabili?

[hala beerah]

good day!

question lang po. bnili ko po ang wife ko ng chucks sa sm southmall last feb6. after 2 weeks, natanggal yung logo ng shoes sa likod and ngsisimula na agad matuklap yung white cover sa harap. ndi nmn grabe gumamit ang asawa ko. sa call ctr po kmi ngttrabaho kaya madalas nkaupo lng sya and tuwing weekends nya lng nasusuot yung sapatos ksi dressup kmi pg weekends. mapapalitan po kya yung spatos? if covered pa dpat sya ng warranty, ano po ang dapat nming gawing kung ndi palitan ng sm? TIA

 

Although stores practices the "no return, no exchange" policy, this does not preclude or excuse them from replacing the purchased item with the same thing or refund of money when the item or thing purchased has hidden defect. Based on the facts you stated, the shoe has a hidden defect which justifies its replacement or refund of money. Though there is no written warranty for the shoes, there is such a thing as "implied warranty" against hidden defects. Hence, you can claim for replacement or refund Based on warranty against hidden defect/s.

 

However, taking into consideration the period of time, they may deny your claim as there is no hard and fast rule regarding the period of time when a thing purchased should be returned. At any rate, I suggest that you still bring this back to SM, with your receipt, ASAP and request that the shoes be replaced because it has a defect. The defect is the fact na hindi naman itinatapak yung nasira so it is not based on wear and tear but simply, may depekto yung gawa ng sapatos.

 

Pag ayaw talaga nila at gusto mo papalitan, you can file a complaint with the nearest DTI. Medyo hassle nga lang kasi you have to attend hearing pa.

 

I hope this helps.

[Google]

medyo malabo yan, but you can try.

or as your second option, mighty bond lang katapat nyan.

 

it is quite hard to prove that you did not use it as laspagan, and it is hard to prove worksmanship defect.