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Butsoy

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sir 7up,

 

Had a different experience wid our city civil registrar. I believe that the error (Birthdate from April to March) cannot be solved thru summary process. You have to file a petition in the Regional Trial Court for corerction of entry to have the month of birth changed. It cant be done summarily thru RA 9048. Its a judicial matter so your lawyer will know what to do.

 

However, maybe the civil registrar in your place might have a different opinion. So first try what freelicker and lakay210 said. Cant hurt to try.

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ladydredd,

 

 

Don't have much to add because I totally agree with what freelicker, roubaix and cruiser007 said.

 

In the 1930's, women activists were none existent back then unlike today. More and more laws protecting and favoring womens rights are being passed. Maybe 10 years from now, the Revised Penal Code (where the crime of adultery is punished) will be amended or repealed by another law favorable to or at least given equal footing with the men.

 

The RPC may appear to be unfair to women but as far as practice (of law) goes, to prove that such criminal act was commited is a different matter.

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LAKAY210: tanong ko lng po, meron pa rin po bang mga atty. na pwedeng humawak ng isang case ng wla munang bayad, kunin na lng nya PF nya sa accused? I mean nasa settlement stage na po kasi. thanks po. :)

Meron naman. Kasi ang profession namin walang pinipili, mayaman man o mahirap. Pwede naman mag agree on a contingent basis wag lang yung attorney ang mag papaluwal sa mga gastusin sa court or any quasi-judicial entity kasi bawal yun. May ethical consideration dun kasi. Tawag namin champertous contract.

 

Anong klaseng kaso ba yan? Nasa fiscal pa ba yan?

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i just cant believe that this law only applies to women. how about philandering husbands? arent there any law for this? and does one need to catch them in a sexual act for the case to prosper? what if you have evidences like email, SMS, that proves existence of an affair?

 

its frustrating. i wont wonder anymore kung bakit minsan, some people resort to violent tactics just to teach these kind of people a lesson. :angry:

My paneros are absolutely right!

 

Under the law, concubinage is committed in three ways, one is maintaining a mistress in the household dwelling, another is having sexual intercourse with a woman not his wife under scandalous circumstances and lastly, living with another woman in any other place as husband and wife.

 

Email, SMS and the like can be admitted as evidence in line with the ECommerce Act. But these alone can not convict the husband. These may only prove the existence of an affair but not the crime. You must establish that any of the three modes of committing concubinage was consummated.

 

The law as compared to that of adultery is not unfair as what my paneros had explained. The husband cannot bring a stranger into the marriage whereas the wife can possibly do so.

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Sir Lakay210,

 

"Meron naman. Kasi ang profession namin walang pinipili, mayaman man o mahirap. Pwede naman mag agree on a contingent basis wag lang yung attorney ang mag papaluwal sa mga gastusin sa court or any quasi-judicial entity kasi bawal yun. May ethical consideration dun kasi. Tawag namin champertous contract."

 

Kasama ba kayo sa tumatanggap ng ganitong arrangement?

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Meron naman. Kasi ang profession namin walang pinipili, mayaman man o mahirap. Pwede naman mag agree on a contingent basis wag lang yung attorney ang mag papaluwal sa mga gastusin sa court or any quasi-judicial entity kasi bawal yun. May ethical consideration dun kasi. Tawag namin champertous contract.

 

Anong klaseng kaso ba yan? Nasa fiscal pa ba yan?

Champerty is an agreement between an attorney and his client that the former would sue and pay for the cost's of the client's suit in exchange for a portion of the damages awarded.

 

Companyero Lakay210 is correct to point out that a contingency arrangement is okay, as long as normal expenses are still shouldered by the client, because ethically, the lawyer may even be accused of ambulance chasing, or barratry if he shoulders everything. Although the rule against champerty has been relaxed, ethical standards must be considered.

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Panero, I submit that the sine die adjournment of the Congress does not ipso facto make the joint committee canvassing inexistent. The Committee is the representative of the Congress in the canvassing of the votes. The Constitution provides that Congress shall promulgate its rules for the canvassing of certificates. Hence, the creation of the Committee acting as the canvasser for the President and Vice President is Constitutional and has its own personality separate and distinct from that of the Congress, its breath coming from the authority of the fundamental law.

 

No less than the Constitution (also) provides that the term of the President shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon on the same date six years thereafter . Hence, the canvassing is mandatory and should be given liberal interpretation when it comes to the power of the Congress thru the joint Committee to canvass the votes notwithstanding the former's adjournment.

 

The move of the opposition to question the authority of the Committee is a last ditch effort to delay the canvassing. If it is true that the present administration cheated in the election, then they should not derail the proceedings inorder for them to question any anomalous COCs before the Committee. The delaying tactics

can not help in their quest for the truth ( if this is really their objective).

 

Panero, our charter has loopholes. Kaya subject to judicial scrutiny palagi. Dapat sa mga ganitong situation, the Constitution should map out the details. Pero ang problema baka mas makapal pa sa Bible ang kalabasan. So, we as members of this noble profession should be vigilant. We must safeguard our freedom, our democracy, our rights, and our profession. JUSTICE for all! :cool:

HEAR HEAR!!! I agree 100%..

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Sir Lakay210,

 

"Meron naman. Kasi ang profession namin walang pinipili, mayaman man o mahirap. Pwede naman mag agree on a contingent basis wag lang yung attorney ang mag papaluwal sa mga gastusin sa court or any quasi-judicial entity kasi bawal yun. May ethical consideration dun kasi. Tawag namin champertous contract."

 

Kasama ba kayo sa tumatanggap ng ganitong arrangement?

Yes pare ko, wag lang champertous contract as explained by cruiser. Dapat ang magbayad pa rin ng mga gastos sa court ay yung client. Pero attorney's fees pwedeng d muna.

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Yes pare ko, wag lang champertous contract as explained by cruiser. Dapat ang magbayad pa rin ng mga gastos sa court ay yung client. Pero attorney's fees pwedeng d muna.

apperance din po kasi nung atty minsan malaki din po minsan di ba? like nasa 2k po ba per appearnce? o depende po sa atty.? thanks po

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apperance din po kasi nung atty minsan malaki din po minsan di ba? like nasa 2k po ba per appearnce? o depende po sa atty.? thanks po

depende kasi sa nature ng case at depende rin sa abogado. anong case ba yan? PM me the details and well see and talk about it.

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