legal Free Legal Advice

[wildswans]

1. My question is, does it really take 5 years for this kind of case whether if my aunt will sue for estafa or not?

 

The case to get rid of them would be ejectment. While this is supposed to be summary (mabilis), the truth is medyo matagal din ang kasuhan, mga 1 - 2 years bago madesisyunan, tapos pwede pa iapela (although kung manalo kayo sa Metropolitan/Municipal Trial Court, kailangan nilang maghulog buwan buwan nung upa, otherwise layas na sila sa bahay kahit may apela sila).

 

Ang kagandahan dito, nag-issue sila ng cheke na tumalbog. Ito ay violation ng Batas Pambansa 22, at ito ay criminal case na may kulong. Yung ejectment, walang kulong, kaya pwede silang magtapang-tapangan. Pero, yung BP22 may kulong, kaya pwedeng-pwede niyong gamitin pang-leverage sa kanila, para sila lumayas, at kung matigas talaga ang ulo, para ipakulong yung nag-issue ng cheke.

 

 

2.Can the lawyer of respondent kept asking for delay during the trial and is there a limit for such delaying tactic?

 

Pwede. May ganyang taktika din sa paghahabla, pero dahil may abugado din naman kayo, alam din ng abugado ninyo paano ito kontrahin. At hindi naman pupwedeng i-delay nila forever ang kaso, di rin naman pumapayag ang huwes sa delay ng walang dahilan.

 

 

3. According to the Barangay, if the court approves for the house to be sheriff, the belongings will not be taken out of the house because the respondent still owes money, is that true?

 

To be sheriff (you probably mean, if you win, then the decision ejecting them from the premises will be implemented by the sheriff). If there is a money judgment, the sheriff usually just takes the money from their bank accounts. If they do not have money in banks, or the same is insufficient, the sheriff can take their property and sell it at public auction to satisfy the judgment.

 

 

4. But if the Respondent knows that they will be sheriff they can move out without anybody knowing right? What other legal things can we do with regards to this kind of case?

 

Yes, they can move out. But, as I said, the sheriff can go against their bank accounts (the sheriff writes letters to all the banks asking them that if the losers have accounts with that bank, for the bank to hold the contents of their accounts). You can also file a BP 22 case, as I said earlier. Since your aunt already has a lawyer, in all probability, he already told her all this.

 

Thank you very much sir for the info. My aunt and the respondent faced the lupon this morning. The respondent accused my aunt of being greedy because she claimed my aunt wants her out of the house just because she already fix the house. But in reality, my aunt wants her out of the house because 3 to 4 months before the contract expires, she was paying the rent in installment. Sometimes the respondent would promised to pay next week but always fail to keep her promise. My aunt had to be the one calling her for the rental payment. So my aunt decided to let her go after the contract expires since she's already 78 and doesn't want to constantly remind the lessee each time the rent is due. After the lupon ask about their contract and to point out to the respondent that there's a clause where it is clearly written that she cannot fix anything inside the house without permission. At the point, the respondent got furious and stood up and accuses the lupon to be siding with my aunt and then she told the lupon that she wants my aunt to sue and doesn't want to see my aunt again in the baranggay hall then she walks out. The members of the lupon were telling her to stay and to respect them since the proceedings is not yet over but it fell on deaf ear. They were surprised because they said they have never encountered someone as arrogant as the respondent during a hearing. They all felt that the respondent is a professional scammer because she's looking forward to be sued so that she can live for free while the case is on going. The lupon will make a final summon next week before issuing a certificate for my aunt to sue. Frankly, since my aunt has the money, I would prefer that she sue the bastard for treating her disrespectfully and for taking advantage of her kindness but more importantly it's not her fault. However, the members of the lupon are encouraging her to just sacrifice the 6 months rent and let the respondent live until July 30 because that's the condition of the respondent - to live until July 30 para sulitin gastos niya. Because according to the lupon, the respondent might do something bad to her house plus if the litigation last for years then it would be lost income. Of course I don't agree but then it's my aunt property and money so she has to decide.

 

So I have one more question. Is it true that while the case is on going, the respondent don't have to pay rent and will be living for free?

[rocco69]

 

Thank you very much sir for the info. My aunt and the respondent faced the lupon this morning. The respondent accused my aunt of being greedy because she claimed my aunt wants her out of the house just because she already fix the house. But in reality, my aunt wants her out of the house because 3 to 4 months before the contract expires, she was paying the rent in installment. Sometimes the respondent would promised to pay next week but always fail to keep her promise. My aunt had to be the one calling her for the rental payment. So my aunt decided to let her go after the contract expires since she's already 78 and doesn't want to constantly remind the lessee each time the rent is due. After the lupon ask about their contract and to point out to the respondent that there's a clause where it is clearly written that she cannot fix anything inside the house without permission. At the point, the respondent got furious and stood up and accuses the lupon to be siding with my aunt and then she told the lupon that she wants my aunt to sue and doesn't want to see my aunt again in the baranggay hall then she walks out. The members of the lupon were telling her to stay and to respect them since the proceedings is not yet over but it fell on deaf ear. They were surprised because they said they have never encountered someone as arrogant as the respondent during a hearing. They all felt that the respondent is a professional scammer because she's looking forward to be sued so that she can live for free while the case is on going. The lupon will make a final summon next week before issuing a certificate for my aunt to sue. Frankly, since my aunt has the money, I would prefer that she sue the bastard for treating her disrespectfully and for taking advantage of her kindness but more importantly it's not her fault. However, the members of the lupon are encouraging her to just sacrifice the 6 months rent and let the respondent live until July 30 because that's the condition of the respondent - to live until July 30 para sulitin gastos niya. Because according to the lupon, the respondent might do something bad to her house plus if the litigation last for years then it would be lost income. Of course I don't agree but then it's my aunt property and money so she has to decide.

 

So I have one more question. Is it true that while the case is on going, the respondent don't have to pay rent and will be living for free?

1. So I have one more question. Is it true that while the case is on going, the respondent don't have to pay rent and will be living for free?

 

Kung kinasuhan nga naman ako ng may-ari, di na ako magbabayad. Alalahanin mo, hanggang walang court order, di mo pwedeng pwersahang palayasin sa bahay yung umuupa (unless may clause sa Lease Contract na you can take possession of the place without permission from the lessee).

 

But the Decision of the Court will order them to pay the rentals they have not paid, PLUS pay for the period they used the house after the lease expires and until they actually leave the premises. So, in theory, mababawi mo lahat ng hindi nila nabayaran (in theory, kasi minsan, yung umuupa, wala namang perang pambayad, kahit anong piga mo, kung walang pera talaga, wala kang makukuha, kahit pa utos na ng korte).Pero, kung may pera yan, mababawi mo yun. But ultimately, utang lang nila sa tiyahin mo yun.

 

Kaya nga maganda na nag-issue sila ng cheke na tumalbog. Walang nakukulong sa utang; sa tumalbog na cheke MERON. Patalbugin na lahat ng cheke na inissue nila. Tapos, ihabla sa cheke tumalbog, ISANG CHEKE, ISANG KASO! para talagang makukulong (sabi kasi ng Supreme Court, pag unang conviction ng BP 22, dapat fine lang. Ibig sabihin, sa pangalawang sentensya, di na fine, kundi preso na talaga! Tapos, kung maraming cheke, eh di siguradong walang parole, at repeat offender siya, hindi nagbabago at nagrereporma!

Edited June 9, 2017 by rocco69

[wildswans]

1. So I have one more question. Is it true that while the case is on going, the respondent don't have to pay rent and will be living for free?

 

Kung kinasuhan nga naman ako ng may-ari, di na ako magbabayad. Alalahanin mo, hanggang walang court order, di mo pwedeng pwersahang palayasin sa bahay yung umuupa (unless may clause sa Lease Contract na you can take possession of the place without permission from the lessee).

 

But the Decision of the Court will order them to pay the rentals they have not paid, PLUS pay for the period they used the house after the lease expires and until they actually leave the premises. So, in theory, mababawi mo lahat ng hindi nila nabayaran (in theory, kasi minsan, yung umuupa, wala namang perang pambayad, kahit anong piga mo, kung walang pera talaga, wala kang makukuha, kahit pa utos na ng korte).Pero, kung may pera yan, mababawi mo yun. But ultimately, utang lang nila sa tiyahin mo yun.

 

Kaya nga maganda na nag-issue sila ng cheke na tumalbog. Walang nakukulong sa utang; sa tumalbog na cheke MERON. Patalbugin na lahat ng cheke na inissue nila. Tapos, ihabla sa cheke tumalbog, ISANG CHEKE, ISANG KASO! para talagang makukulong (sabi kasi ng Supreme Court, pag unang conviction ng BP 22, dapat fine lang. Ibig sabihin, sa pangalawang sentensya, di na fine, kundi preso na talaga! Tapos, kung maraming cheke, eh di siguradong walang parole, at repeat offender siya, hindi nagbabago at nagrereporma!

Thank you sir!

[kanos]

I have a live in partner who i think is now taking illegal drugs and we have a son. I want to kick her out of my place but she is saying that she has the right to our. What can i do about this?

[kanos]

I have a live in partner who i think is now taking illegal drugs and we have a son. I want to kick her out of my place but she is saying that she has the right to our. What can i do about this?

[rocco69]

I have a live in partner who i think is now taking illegal drugs and we have a son. I want to kick her out of my place but she is saying that she has the right to our. What can i do about this?

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

[kanos]

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

[kanos]

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

[kanos]

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

[Jasonkidd]

Question. Is there any way we could file a formal complaint against cebupacific? The story is like this. We booked a ticket on their website on april 14. During the payment page, an error occurred and it says thag the booking did not push through. So we called their hotline and verified that it indeed did not pushed through, and we received an email for the ticket (only 1 iterinary was received). Booked it with their hotline. Come our billing statement, we were charged twice. So we called their hotline and they confirmed that there is a double booking. Requested for refund and they told me to call after 24-48 hours. Called them after 2 days same response. Tried calling them around 6 times and same response. Then I asked if there is another way for it is taking too long and wasting my time. They told me email their customer care which i did. After 2 days they replied that they would not make the refund because both booking was used. And also said that most probably the one who used the other booking fabricated a fake id. And that they checked in online, and the other checked in via kiosks. My reply was I only received one iterinary and i dont have any knowledge for the other one, so it is impossible for us to give the details to other people. And called their customer service and verified how the passengers checked in, they told me one is thru kiosk, and the other one over the counter. Now I kept sending email to cebupacific and even messaged their facebook but to no avail. They won't even reply. We consumers feel so helpless against these giant companies. If we are a gov't officials for sure they will apologize and admit their mistakes.

[rocco69]

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

Since the condo is just being rented, she has no right to it. And since you are not married to each other, as I said earlier, you can always separate from one another at any time. Accordingly, you can always end the relationship at any time, to include preventing her from living in the place where you live.

 

As to your son, if he is less than seven years old, the law prefers to give custody to the mother UNLESS there is a compelling reason to award custody to the father. Thus, if your child is below seven, custody will probably be awarded to the mother, rather than to you.

 

However, since you say that you suspect her of taking illegal drugs, if you can produce definite proof that she is taking illegal drugs, that could be THE COMPELLING REASON for the court to award custody to you, as the child's welfare and well-being will not be served if his custody is awarded to a drug dependent.

 

More, if you forcibly take your son away from the mother, you open yourself to charges of violating the Violence Against Women and Children Act (RA9262), as this could be made to appear as psychological violence, With definite proof that the mother is taking drugs, you can make it appear that you are taking the child away for the latter's safety.

[rocco69]

hello to all the good lawyers here,

 

can i just ask advise here

 

the story goes like this, i parked in a particular parking lot in metro manila, he parking lot has the following services, parking, valet parking and carwash services, so i parked there for 3 hours when i came back, my car was struck by another car, the other car was driven by one of the parking lot's personnel.

 

i have made my claims for the damages but they would not cooperate,

 

what cases can i file i court? yun medyo mabigat for them to have 2nd thoughts na mangago na lng ng tao,

 

i am not rich, i worked hard for the car (kahit luma na) i worked hard for it not for me but for my family

 

so guys plese help or send me a PM if you have some advise.

 

 

TIA

Truth is, civil case for damages ang pwede mo i-file against the car park. Yung mabigat ay criminal case, AGAINST THE DRIVER! Na mas malamang sa hindi, wala ding pera. More, ang makukulong, yung driver, di yung car park.

 

Perwisyo pa sa iyo ang magfile ng case at pupunta-punta ka pa sa court. Yan ang inaasahan ng car park kaya nakikipagmatigasan sa iyo.

 

Kung di aabot sa P200T, sa small claims court lang naman yan, mabilis din (relatively speaking), at di mo na kailangan ng lawyer.

 

Baka pwede ka rin magcomplain sa Consumer Desk ng DTI (not sure kung covered ang parking services, pero malay mo).

DTI Direct

Hotline: (+632) 751.3330

[atty. 190e]

 

Truth is, civil case for damages ang pwede mo i-file against the car park. Yung mabigat ay criminal case, AGAINST THE DRIVER! Na mas malamang sa hindi, wala ding pera. More, ang makukulong, yung driver, di yung car park.

 

Perwisyo pa sa iyo ang magfile ng case at pupunta-punta ka pa sa court. Yan ang inaasahan ng car park kaya nakikipagmatigasan sa iyo.

 

Kung di aabot sa P200T, sa small claims court lang naman yan, mabilis din (relatively speaking), at di mo na kailangan ng lawyer.

 

Baka pwede ka rin magcomplain sa Consumer Desk ng DTI (not sure kung covered ang parking services, pero malay mo).

DTI Direct

Hotline: (+632) 751.3330

 

 

This is your best bet. DTI + Small Claims Court. make sure your claim will not exceed 200k.

 

Another way of forcing them to settle is asking help from media.

[pinpoint015]

Hey guys. Need help, again. So here's the story.

 

My family has a business, a funeral parlor that is around for 62 years na. It changed hands from my lolo, then to one of my uncles, then to another uncle. Business was doing great before. Then when the second uncle handled the business, it slowly declined. It is now to the point that it's barely operating. The business had an expired business license and haven't been renewed for a couple of years now. Here's what I know about the business.

 

1. Started by my lolo from my mother's side 62 years ago

2. My mom has 5 brothers and a sister, 3 of whom are dead, including my mom.

3. Sometime between 2000-2010, they converted it into a corporation.

4. Last registered owner is my uncle, 5th child.

 

So our plan is for me to register the funeral home as mine, sole proprietor. I have the support of the youngest sister of my mom, and the widow of my 3rd uncle. Will we able to register this as our business or are there any legal loop holes we can exploit, or can be exploited by my other uncle?

 

Thanks!

[rocco69]

Hey guys. Need help, again. So here's the story.

 

My family has a business, a funeral parlor that is around for 62 years na. It changed hands from my lolo, then to one of my uncles, then to another uncle. Business was doing great before. Then when the second uncle handled the business, it slowly declined. It is now to the point that it's barely operating. The business had an expired business license and haven't been renewed for a couple of years now. Here's what I know about the business.

 

1. Started by my lolo from my mother's side 62 years ago

2. My mom has 5 brothers and a sister, 3 of whom are dead, including my mom.

3. Sometime between 2000-2010, they converted it into a corporation.

4. Last registered owner is my uncle, 5th child.

 

So our plan is for me to register the funeral home as mine, sole proprietor. I have the support of the youngest sister of my mom, and the widow of my 3rd uncle. Will we able to register this as our business or are there any legal loop holes we can exploit, or can be exploited by my other uncle?

 

Thanks!

if it is a corporation, look into the corporate structure first (who are the stockholders and the members of the Board etc).

 

before you can claim the business, you have to own stock in the corporation. which will require stockholder/s transferring shares to you. Hence, the need to know who are the stockholders.