legal Free Legal Advice

[rocco69]

Hello Sir, would like to for some legal advice and direction for someone I know:

 

A lady friend got knocked up by her bf and they eventually got married. However, due to complications in their relationship, the guy, who is a seaman by the way, took off and moved to a Middle East country. He somehow settled there, started a new family and abandoned the girl and child here with no support or communication whatsoever. The friend would like to know if she could have her husband deported and if so, what would be the right legal procedures to take to make it happen.

 

Looking forward for your help. Thank you.

The friend would like to know if she could have her husband deported?

 

Unfortunately, abandonment of one's spouse is not a ground for deportation back to the Philippines. What she can do is to file child abuse charges against her husband here in the Phils. Should her husband come back to the Philippines, then he has to face the charges. But so long as he is not in the Phils., she basically has no remedy. Our laws cannot be enforced abroad.

[┤Castiel├]

The friend would like to know if she could have her husband deported?

 

Unfortunately, abandonment of one's spouse is not a ground for deportation back to the Philippines. What she can do is to file child abuse charges against her husband here in the Phils. Should her husband come back to the Philippines, then he has to face the charges. But so long as he is not in the Phils., she basically has no remedy. Our laws cannot be enforced abroad.

Thank you for your feedback, Sir rocco69. Will relay this info to my friend, although it will be of much disappointment on her part.

[jakewise]

I was rear ended by another car yesterday. The owner said his insurance is expired and so I presume his car registration is also expired. Assuming his car registration is expired, is it a ground on my end to complain to the traffic investigator regarding this and ask the policeman to include this fact in his police report?

[oakley_boy]

Good day MTC Experts! Need help po regarding our problem sa auto loan

 

Last month we bought our first car. Before namin makuha yung kotse, inadvise kami nung agent na magopen kami ng saving account sa UCPB kasi dun daw nila ipapasok yung loan namin sa kotse. dumating yung day na kinuha nmin yung sasakyan, sa sobrang excited namin ng wife ko, hindi namin napansin na hindi nadiscuss smen yung details nung car loan like total amount financed, due date, monthly ammort (though may idea naman na kami bout sa monthly payment), and other fees. wala kaming nakuhang documents about sa car loan. ang papers lang na dala nmin pauwi was the receipt of our downpayment and yung registration sa lto. walang contract for loan. pagdating namin sa bahay, we asked the agent kung bakit ndi nya diniscuss smen, sabi nya lang imamail daw yung contract after 1 month basta magdeposit na lang daw kami dun sa savings account na inopen namin kasi auto debit naman yun.

 

I called UCPB main and pumunta ako dun sa bank kung san ako ngopen ng savings account to check the details of my loan. pareho sila ng sagot, wala akong existing autoloan sa kanila. Now sinabi ko sa agent nung kotse na hindi muna ako mgdedeposit sa savings account ko kasi wala akong contract, hindi ko alam yung due date and pano ko masisigurado na if may deductions sa savings, eh mapupunta sa payment ng car ko.

 

Ang kinakatakutan ko lang po is kung anong magiging negative impact neto saken, as a borrower. pwede bang mahila yung kotse ko? as i've checked; based sa

REPUBLIC ACT No. 3765

Section 2. Declaration of Policy. It is hereby declared to be the policy of the State to protect its citizens from a lack of awareness of the true cost of credit to the user by assuring a full disclosure of such cost with a view of preventing the uninformed use of credit to the detriment of the national economy.

 

Section 4. Any creditor shall furnish to each person to whom credit is extended, prior to the consummation of the transaction, a clear statement in writing setting forth, to the extent applicable and in accordance with rules and regulations prescribed by the Board, the following information:

 

ano pong dapat kong gawin and kelan po? TIA

[nwebe]

Good day MTC Experts! Need help po regarding our problem sa auto loan

 

... snipped ...

 

ano pong dapat kong gawin and kelan po? TIA

 

Kung wala kang pinirmahan na Auto Loan agreement sa UCPB, wala ka pang record sa kanila. Yung 1 month na sinabi sa iyo nung dealer is probably the "processing period" ng UCPB para magawan ka nila ng loan contract. You can wait until you sign the loan papers before you open the account naman. Also, just a tip, when you do open the account, make sure na waived yung maintaining balance para pwedeng yung saktong monthly amortization lang yung ipapasok mo sa account na iyon, unless you will use it for other purposes.

 

Lumampas na ba yung 30 days? Follow it up with your dealer frequently.

 

Hindi naman din pwedeng ipahatak ng UCPB yung kotse mo dahil wala ka pa namang contract with them. At worst, yung dealer will ask you to return the car, but chances are they would just look for another bank to finance your purchase kung nagka-problema sila sa UCPB.

[rocco69]

I was rear ended by another car yesterday. The owner said his insurance is expired and so I presume his car registration is also expired. Assuming his car registration is expired, is it a ground on my end to complain to the traffic investigator regarding this and ask the policeman to include this fact in his police report?

it does not follow that just because the insurance has expired , his car registration has also expired (he was probably referring to comprehensive insurance, which would have covered damage to the car). what the law mandates to be obtained yearly is Third-Party Liability Insurance, which answers for bodily injury or death in car accidents (it doesn't cover property damage). The best proof of registration of the vehicle would be the Official Receipt (OR). Kung wala siya nun, mas malamang sa hindi expired ang rehistro. Kung expired na, you can ask the investigator to include this in the report (altho hindi rin naman problema kung hindi isasama, dahil kung hindi talaga rehistrado, pwede mo i-raise ang point na ito at anytime).

Edited June 17, 2016 by rocco69

[Google]

I was rear ended by another car yesterday. The owner said his insurance is expired and so I presume his car registration is also expired. Assuming his car registration is expired, is it a ground on my end to complain to the traffic investigator regarding this and ask the policeman to include this fact in his police report?

an expired insurance does not necessarily mean an expired registration, if you are talking about the comprehensive insurance. if it is a CTPL, it is valid, and therefore the registration is valid. however, pag ikaw nabangga, hindi sya pwedeng mag claim sa CTPL.

 

it is best to validate talaga if the registration is lapsed. kung lapsed, pwede isama yan sa kaso.

[hero-uy]

Is it possible to fil legal separation even if my ex-wufe is out of the country?

[rocco69]

Is it possible to fil legal separation even if my ex-wufe is out of the country?

yes, although it might just make the process longer. if nobody accepts the summons (the order requiring her to answer the petition for separation) at her last known address on the ground that she is out of country and the process server informs the Court of that fact, the Court might then require publication of the summons and the petition (that would now take additional time). On the other hand, if somebody accepts the summons, and the process server reports that the summons have been duly served through substituted service, the case starts rolling on the normal process.

 

[People cannot prevent others from filing cases by going out of the country; that would make rich people more privileged than the poor, who may not be able to afford to travel abroad. Remember, justice should be equally accessible to all]

 

On a side note, why file for legal separation. Gagastos ka na rin lang, declaration of nullity or annulment na ang isampa mo, almost pareho din lang naman ang gastos.

Edited June 24, 2016 by rocco69

[atty. 190e]

The friend would like to know if she could have her husband deported?

 

Unfortunately, abandonment of one's spouse is not a ground for deportation back to the Philippines. What she can do is to file child abuse charges against her husband here in the Phils. Should her husband come back to the Philippines, then he has to face the charges. But so long as he is not in the Phils., she basically has no remedy. Our laws cannot be enforced abroad.

 

 

OR, since support is probably the remaining issue, being a seaman (assuming he is not TNT but a registered OFW), he is mandated to send remittance ("allotment") which should not be lower than 80%. If your the legal wife, chances are, you are the declared allottee. If not, you can file a case for support or, better, "economic abuse" under the VAWC law so that it can compel the remittance center, in this case the manning agency, to forward to you the allotment.

[hero-uy]

yes, although it might just make the process longer. if nobody accepts the summons (the order requiring her to answer the petition for separation) at her last known address on the ground that she is out of country and the process server informs the Court of that fact, the Court might then require publication of the summons and the petition (that would now take additional time). On the other hand, if somebody accepts the summons, and the process server reports that the summons have been duly served through substituted service, the case starts rolling on the normal process.

 

[People cannot prevent others from filing cases by going out of the country; that would make rich people more privileged than the poor, who may not be able to afford to travel abroad. Remember, justice should be equally accessible to all]

 

On a side note, why file for legal separation. Gagastos ka na rin lang, declaration of nullity or annulment na ang isampa mo, almost pareho din lang naman ang gastos.

Last na usap namin couple of years ago meron na daw cya kinakausap na lawyer for annulment kaso problema out of the country cya kaya mas mahal singil at to make it more complicated she already has a son with another man na iniiwan nya dito sa pinas since di nmn sila kasal nung guy kaya mukang ayaw nya na makioag communicate sakin para gawin legal ang pag hiwalay.

[karlo81]

How can I file a case po sa LTO for hit and run? Thanks

[karlo81]

How can I know the owner name as well if I only have the plate number? thanks

[Google]

How can I file a case po sa LTO for hit and run? Thanks

 

Go to the LTO Office. Mas maganda kung sa Central (East Avenue). Dun mo na din makikita registered owner of the vehicle.

[karlo81]

Thank you sir