legal Free Legal Advice

[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

[pogingpogi]

Question sir

May property father ko 2 storey building "office space" may umuupa na size is 100sq and yung lupa sa kanya din mismo. Biglang namatay si father. Recently just found out na nasa pangalan namin dalawa yung property.

Ano kailangan ko gawin kailangan ba alisin na name niya sa title? naka "and: kase ? sabi ng iba do estate tax procedure para name ko na ang magappear , some naman gawin donation /donor's tax na ang daw gagawin? And gawa daw ako company para makapagresibo sa mga tenants?

 

Edited July 20, 2016 by pogingpogi

[Google]

 

Question sir

May property father ko 2 storey building "office space" may umuupa na size is 100sq and yung lupa sa kanya din mismo. Biglang namatay si father. Recently just found out na nasa pangalan namin dalawa yung property.

Ano kailangan ko gawin kailangan ba alisin na name niya sa title? naka "and: kase ? sabi ng iba do estate tax procedure para name ko na ang magappear , some naman gawin donation /donor's tax na ang daw gagawin? And gawa daw ako company para makapagresibo sa mga tenants?

 

 

 

not familiar with real estate, but based dun sa ginawa ng mom-in-law ko dati, estate tax procedure.

[pogingpogi]

 

not familiar with real estate, but based dun sa ginawa ng mom-in-law ko dati, estate tax procedure.

thank you sir

[john_snow]

Sir, question. If nkaaksidente ba ng 3 yr old kid, may pananagutan ba ang nakabundol na sasakyan, if biglang tumakbo yung bata palabas ng house nila with an open gate. Ngkaayos nmn kami nung parent nung bata and sinagot ko yung hospitalization. Kaya lang lagi kong naririnig sa kanila na dapat pati therapy sagot ko.

May nakausap akong secretary ng lawyer. Ang sabi dahil sa bata yun, kasalanan nung parents dahil in the first place, wala sya sa kalye na suppose to be para sa mga sasakyan.

May nakausap akong secretary ng lawyer. Ang sabi dahil sa bata yun, kasalanan nung parents dahil in the first place, wala sya sa kalye na suppose to be para sa mga sasakyan.

[Roubaix]

Sir, question. If nkaaksidente ba ng 3 yr old kid, may pananagutan ba ang nakabundol na sasakyan, if biglang tumakbo yung bata palabas ng house nila with an open gate. Ngkaayos nmn kami nung parent nung bata and sinagot ko yung hospitalization. Kaya lang lagi kong naririnig sa kanila na dapat pati therapy sagot ko.

May nakausap akong secretary ng lawyer. Ang sabi dahil sa bata yun, kasalanan nung parents dahil in the first place, wala sya sa kalye na suppose to be para sa mga sasakyan.

May nakausap akong secretary ng lawyer. Ang sabi dahil sa bata yun, kasalanan nung parents dahil in the first place, wala sya sa kalye na suppose to be para sa mga sasakyan.

 

As far as the therapy is concerned, technically you are responsible for that because you were the cause of the injury. The negligence of the parents cannot outweigh the negligence of the accident. To prove that its the parents fault is a stretch and if successful will only mitigate (not eliminate) your "fault".

 

I would suggest to give a large lump sum as a "settlement" and in return ask for a release and quit claim.

[drjeckyll]

Hello po mga attys

 

ask ko lang po, is hemp legal in the Philippines? asin possesion, growing? or hemp based products? tia po!

[Google]

Hello po mga attys

 

ask ko lang po, is hemp legal in the Philippines? asin possesion, growing? or hemp based products? tia po!

 

hemp is also of the same variety of marijuana, so posession and growing could be prohibited.

however, if you can show proof that hemp is used for industrial use, then walang magiging problema. but then, before you can cultivate, you have to have some necessary permits.

[doovllaah]

About Labor Law (might be)

 

I am already separated with the company. Resigned.

 

Now, i was informed that i cannot get my COE due to unsettled balance with my former employer.

 

They said that they paid me for the leaves that I took. All i know was, i filed a leave everytime I avail it and it is up to them to deduct it. Btw, I dont look at my pay slips.

 

All I am after is my COE. Can they hold it even if I inadvertently didnt know that they still pay me when I know they should have?

 

Thanks.

[Google]

About Labor Law (might be)

 

I am already separated with the company. Resigned.

 

Now, i was informed that i cannot get my COE due to unsettled balance with my former employer.

 

They said that they paid me for the leaves that I took. All i know was, i filed a leave everytime I avail it and it is up to them to deduct it. Btw, I dont look at my pay slips.

 

All I am after is my COE. Can they hold it even if I inadvertently didnt know that they still pay me when I know they should have?

 

Thanks.

 

it is the employer's right to withhold any clearances, documents or last pay if they see that you still have some accountabilities.

best thing you can do is to talk to them to see if you still have any accountabilities and deduct it from your last pay.

[doovllaah]

 

it is the employer's right to withhold any clearances, documents or last pay if they see that you still have some accountabilities.

best thing you can do is to talk to them to see if you still have any accountabilities and deduct it from your last pay.

Problem is i still dont have enough backpay (nag negative due to, i guess, di namonitor na "over leave credits". Anyways, thanks for the advice. Appreciate it.

[paugmmm]

Question lang, what would be the best thing to do if ex threatens to release our video online?

[Robert369]

Also threaten him that he will face the following consequences:

 

1.. Criminal - Under Republic Act 9995 (Penalizing the crime of Photo and Video Voyeurism)

Under RA 9262 (Anti Violence Against Women and their Children)

 

- Both are special laws kaya intent is immaterial.

 

2. Administrative - PRC kung sakop nito ang profession ng ex mo, Integrated Bar of the Philippines kung ang ex mo ay nasa legal profession :-)

 

Usually, maunang natatapos and administrative case, substantial evidence lang kelangan jan, unlike sa criminal na proof beyond reasonable doubt :-) let me know pag kelangan mo ng tulong.

 

By the way, Elaine, sent you a pm.

 

Hope this helps...

[koki_]

good day

 

ask lang, if applicable ba sa batas natin ang pag tangal ng license plate ng sasakyan? may nabasa kasi ako na bawal ang pagtangal unless lto ang nag confiscate?

 

cinonfiscate kasi ng traffic enforcer yun plaka ng sasakyan namin. illegal parking daw, sa labas kasi ng bahay pero hindi sa kalye. and walang no parking signages na nakalagay

 

http://www.lawphil.net/judjuris/juri1990/jul1990/gr_91023_1990.html

http://www.lawphil.net/judjuris/juri1991/dec1991/gr_102782_1991.html

 

paano po ba ang process for contest din pala?

 

thanks in advance!

[Robert369]

good day

 

ask lang, if applicable ba sa batas natin ang pag tangal ng license plate ng sasakyan? may nabasa kasi ako na bawal ang pagtangal unless lto ang nag confiscate?

 

cinonfiscate kasi ng traffic enforcer yun plaka ng sasakyan namin. illegal parking daw, sa labas kasi ng bahay pero hindi sa kalye. and walang no parking signages na nakalagay

 

http://www.lawphil.net/judjuris/juri1990/jul1990/gr_91023_1990.html

http://www.lawphil.net/judjuris/juri1991/dec1991/gr_102782_1991.html

 

paano po ba ang process for contest din pala?

 

thanks in advance!

Please refer to this, including dispute resolution at least at the level of the MMDA:

 

http://www.mmda.gov.ph/index.php/20-faq/286-10-things-that-drivers-should-know

[muffin]

Hi Guys would need your opinion. If a current corporation would need to close down to change it's name but retain its employees what would be the repercussion for the corporation? Do they need to pay separation fee even if the employees would still be retained in the new corporation?