legal Free Legal Advice

[Google]

Hi Guys,

 

I would like to ask you guys if you could assist me , I have a personal loan and the method of payment is thru PDC , im paying it almost a year now, but some unfortunate event occur and im delayed for a month and going two months already, but im willing to settle it on its second month , am I liable for a civil case due to the bounce check that occur? Please I need a legal advise?

 

you are liable for more. bouncing checks are of criminal in nature (BP22 or Estafa). However, BP22 the recent years have been decriminalized na.

talk to the creditor. tell them that you would be paying for the second month, including interests and penalties.

[*badass*]

good morning attorneys. i am writing on behalf of a cousin. my cousin's mom died recently leaving, among others, a parcel of agricultural land (1.5 hectares). title to said agricultural land is under the name of the deceased (married to). thus being conjugal. the estate has yet to be settled as of today. the husband however wants to sell the property despite the objections of the children. can such a sale be prevented considering that the children want said property to remain with them for sentimental reasons? your legal advise on this matter will be highly appreciated.

[MartyMart]

If the title to the property is in the name of the deceased but acquired during the marriage, the husband cannot unilaterally sell the whole property. At most, he can only sell his conjugal interest in the property (meaning half of the property). The other half belongs to the compulsory heirs of the deceased (i.e., the husband and children). Title to the property cannot be legally transferred to a buyer until there has either been a judicial or extra-judicial settlement of the deceased's estate.

[*badass*]

thanks chief. but if for any reason, title to said property was transferred to the buyer without a judicial or extrajudicial partition, can the legitimate children run after the buyer and recover the property? can the buyer allege that he is a buyer in good faith? thanks again.

[jopok]

ano pwede i kaso sa supervisor na inaakusahan ka nang walang katotohanan..sabi kasi nakatambay ako at nikikipagkwentuhan..di na nakita na nagtatrabaho ako,,pwede naman nya lapitan o tanungin ako at kasama ko,,pero di nya ginawa,,

[karlo81]

meron bang legal reason o pwede bang hindi tanggapin ng employer or boss ang resignation mo? pano kung ayaw mo na talaga?

[Google]

ano pwede i kaso sa supervisor na inaakusahan ka nang walang katotohanan..sabi kasi nakatambay ako at nikikipagkwentuhan..di na nakita na nagtatrabaho ako,,pwede naman nya lapitan o tanungin ako at kasama ko,,pero di nya ginawa,,

 

bat mo naman gagawin yan? all you need to do is to resign or ask for reassignment.

 

[Google]

meron bang legal reason o pwede bang hindi tanggapin ng employer or boss ang resignation mo? pano kung ayaw mo na talaga?

 

walang legal reason.

resignation is a purely voluntary activity.

[en4cer]

Hi. It may sound silly to you guys, but I would like to inquire on how to possibly legally change my NAME. I intend to keep my First and Last Name but would like to change my Middlename to honor my stepmother who took care of me. I never met my biological mother and it ws my step mother who brought me up ever since i was a child.

 

Any help / advise will do.

[MartyMart]

thanks chief. but if for any reason, title to said property was transferred to the buyer without a judicial or extrajudicial partition, can the legitimate children run after the buyer and recover the property? can the buyer allege that he is a buyer in good faith? thanks again.

It depends. If the title to the property was in the name of the deceased, how was the property sold by the surviving spouse? If fraud was committed and the buyer was or should reasonably have been aware of such fraud, then the said buyer cannot claim good faith and the heirs can run after the property. However, if there is actual good faith (ex., the surviving spouse produced a special power of attorney purportedly executed by the registered owner in favor of the surviving spouse, and the buyer was not aware that the SPA was spurious), then the heirs may not be able to recover the property. However, they can run after the surviving spouse for their share of the price paid for the property.

[Google]

Hi. It may sound silly to you guys, but I would like to inquire on how to possibly legally change my NAME. I intend to keep my First and Last Name but would like to change my Middlename to honor my stepmother who took care of me. I never met my biological mother and it ws my step mother who brought me up ever since i was a child.

 

Any help / advise will do.

 

this will help.

 

http://www.futurescopes.com/change-name/7844/how-change-your-name-philippines

[*badass*]

It depends. If the title to the property was in the name of the deceased, how was the property sold by the surviving spouse? If fraud was committed and the buyer was or should reasonably have been aware of such fraud, then the said buyer cannot claim good faith and the heirs can run after the property. However, if there is actual good faith (ex., the surviving spouse produced a special power of attorney purportedly executed by the registered owner in favor of the surviving spouse, and the buyer was not aware that the SPA was spurious), then the heirs may not be able to recover the property. However, they can run after the surviving spouse for their share of the price paid for the property.

thanks for the info chief. let's just put it this way.

 

1. the title to the property is in the name of the deceased (married to her husband);

 

2. no SPA was ever executed during the lifetime of the deceased.

 

3. estate of the deceased has yet to be settled.

 

under these circumstances, can the husband sell, without the knowledge of the legitimate children and the estate yet to be settled, the property? if the husband succeeds in selling the property to a 3rd person, is the sale valid, void or voidable? salamat ulit chief.

[MartyMart]

As previously mentioned, it depends on the circumstances of the sale. Given the situation, it could only be surmised that any sale by the husband can only be done through fraudulent means because it was done without the knowledge and consent of the other compulsory heirs. One way that the husband can sell the property is by producing a forged or fake special power of attorney from the registered owner of the property. Whether the sale is valid or void depends entirely on the good faith of the buyer. If the buyer was a party to the fraud, or had knowledge of the fraud, or could have reasonably obtained knowledge of such fraud, then he cannot claim good faith and therefore the sale is void. The other heirs who were defrauded can file an action against both the husband and the buyer to recover the property itself.

 

On the other hand, if the buyer was not a party to the fraud or otherwise had actual or constructive knowledge of the fraud, then he can claim good faith and therefore the sale is valid. The other heirs cannot recover the property anymore. However, they can go after the husband to recover the money paid by the buyer for the property.

[lonejackal]

hello po baka off topic po ito but i still have to ask

 

i am planning to take up law pero yung mga nakikita ko na requirements for law school is dapat graduate ng minimum of 4 year bachelor course and i was only able to complete 2 1/2 years of my BSIT course

 

meron po ba school na meron law or related course para sa undergrad?

 

thanks po

[Google]

hello po baka off topic po ito but i still have to ask

 

i am planning to take up law pero yung mga nakikita ko na requirements for law school is dapat graduate ng minimum of 4 year bachelor course and i was only able to complete 2 1/2 years of my BSIT course

 

meron po ba school na meron law or related course para sa undergrad?

 

thanks po

 

wala bro.

pre-law requires that you are a graduate of a 4 year bachelor's course.

kuha ka na lang ng AB Course tapos pa credit mo na lang yung mga creditable subjects sa IT course mo.