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Butsoy

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Mga attorneys sa MTC. Meron akong gustong isangguni. Any advice will be highly appreciated. Isa akong OFW, humiwalay sa asawa more than 5 years dahil sa pagwawaldas ng aking asawa sa mga properties namin ng walang pahintulot. Dahil dito, itinigil ko ang aking suporta sa kanya at derekta kong ipinadadala ang aking suporta sa aking mga anak sa kani-kanilang individual bank accounts. Meron kaming tatlong anak, lahat ay nasa legal age na. Ang dalawa ay meron nang kanya kanyang pamilya at ang bunso naman ay nakatapos na rin recently sa pag-aaral at meron na ring trabaho. Sa ngayon ay sa Panganay na anak na lang ako patuloy na nagbibigay ng suporta hindi para kanya kundi sa aking mga apo. Paminsan-minsan ay nagbibigay pa rin ako kay bunso kapag sya ay humingi kahit meron na syang trabaho. Ang isa ko namang anak ay isa ring OFW kaya wala na rin syang suportang natatanggap sa akin. Ang aking asawa ay mahilig mangutang kahit wala syang pambayad. Magaling itong magsinungaling, magdrama at tsismosa. Lahat ng bago nyang nakikilala ay sinisiraan ako at pinalalabas na inaapi sya. Recently, meron sya mga pinagkautangan at ngayon ay kanyang pinagtataguan. Hinanaras nya ang aking anak na panganay para humingi ng pera sa akin. Sinabihan ko ang aking anak na huwag bayaran ang utang nya dahil tiyak na uulitin nya ulit ito. Inireklamo na rin nya ako dati sa OWWA at kinausap ako ng taga-OWWA sa telepono kung saan ay ipinaliwanag ko ang aking panig. So far wala naman silang ginawang action against me. Lately, nagsumbong ang aking anak na inireklamo daw ulit ako ng nanay nila, hindi ko alam kung saan at nagbanta na ipapa-hold daw ako sa airport kapag umuwi ako ng Pinas. Hindi ko pa alam kung ano ang reklamo nya, malamang ay dahil hindi ako nagbibigay ng suporta sa kanya. Plano ko na ring mag-file ng annulment pag-uwi ko para matapos na kalokohan nya. Ang tanong ko ay ito: sakaling totoo ang sumbong ng anak ko, pwede ba akong ma-hold sa airport pagbalik ko sa aking trabaho abroad?. Makakatanggap ba ako ng notice or advice tulad ng ginawa dati ng OWWA? Ano ang pwede kung gawin para malaman kung meron akong hold-order sa immigration para mapaghandaan ko. Maraming salamat sa agarang sagot.

She can not have you held up at the airport. Baseless threat lang yan.

Question lang po:

Ano po ba ang proseso sa pagpapatitulo ng isang untitled na agricultural land?

go to DENR. Or check their website for their process

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what do you need to know?

 

 

what do you need to know?

 

Good day and thank you for the response, Evilbrain and dictum. Here are the details:

 

(1) The condo unit is under the account of someone who is already based overseas but can still be reached via email.

(2) I bought the property but with there was no deed of sale. I know, this is where my problem started and I acknowledge my lapse even though I was really busy during this time.

(3) I was able to get a signed SPA giving me full rights to the property but it was not notarized. Again, acknowledging another lapse on my end.

(4) The property is already long overdue for turnover from the developer.

 

Given this, what is my best course of action so the property can be turned over under my name?

 

Thanks again for your time.

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Good day and thank you for the response, Evilbrain and dictum. Here are the details:

 

(1) The condo unit is under the account of someone who is already based overseas but can still be reached via email.

(2) I bought the property but with there was no deed of sale. I know, this is where my problem started and I acknowledge my lapse even though I was really busy during this time.

(3) I was able to get a signed SPA giving me full rights to the property but it was not notarized. Again, acknowledging another lapse on my end.

(4) The property is already long overdue for turnover from the developer.

 

Given this, what is my best course of action so the property can be turned over under my name?

 

Thanks again for your time.

 

1. Find out if the condominium unit is covered by a Condominium Certificate of Title, and under whose name it appears. The SPA will (hopefully) be sufficient for this purpose.

2. If it is registered under the name of the person you transacted with, get him to execute a deed of absolute sale. If he has no plans of returning here, you may need to have the deed of sale notarized abroad and certified with the appropriate consulate (yung red ribbon na nilalagay on legal documents executed outside the Philippines), to avoid getting hit with technicalities when you try to register the sale. Once you have the deed of sale, more or less normal procedures in registering the sale and transferring the title to your name will apply.

 

3. If it is registered under the name of the condominium developer, things get slightly more complicated here, as what you can do will largely depend on the contract between the developer and the person you transacted with, as well as the status of that contract - if at all merong kontrata.

Hope this helps, kahit medyo bitin.

Edited by johncarter44
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Good day and thank you for the response, Evilbrain and dictum. Here are the details:

 

(1) The condo unit is under the account of someone who is already based overseas but can still be reached via email.

(2) I bought the property but with there was no deed of sale. I know, this is where my problem started and I acknowledge my lapse even though I was really busy during this time.

(3) I was able to get a signed SPA giving me full rights to the property but it was not notarized. Again, acknowledging another lapse on my end.

(4) The property is already long overdue for turnover from the developer.

 

Given this, what is my best course of action so the property can be turned over under my name?

 

Thanks again for your time.

 

 

Since you mentioned that the condo is "long overdue for turnover from the developer", I would assume that the Condominium Certificate of Title is still registered in the name of the developer. I am also assuming that the condo project/building has already been built and is ready for occupancy.

 

The condominium law allows the buyers to transfer their rights to another during so long as no deed of sale between the buyer and the developer has been executed. The documentation is done through a Deed of Transfer of Rights. Usually, the developers would have their own preferred format and/or template of the Deed of Transfer of Rights.

 

I would suggest that you coordinate directly with the developer, inform them of your acquisition of the condo via the deed of sale and inquire on the status of the condo and the buyer's account. It could be that the buyer has unpaid obligations to the developer which is why the condo has not been turnover yet. The most usual unpaid fees would be the registration fees and the real property taxes.

 

Hope this helps.

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  • 2 weeks later...

To my kompanyeros,

 

In the past, I would indulge in professional services of the personal nature. Of course, just compensation was exchanged.

 

Now the tables have turned. My past acquaintances have sought legal advice from me. Ethics dictate that I cannot have it pro-bono.

 

Should I settle for compensation in the personal service nature rather than actual monetary remuneration?

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Hello Sirs! hingi lang po ako advice.

 

1. I have five workers and threatening me na magfile sila complain regarding salary kundi po ako aareglo.

halos mga new employee sila and still under probation. pinakamatagal 10 months. Pwede ko ba sila kasuhan ng blackmail or something?

Harapin ko naman kahit magfile sila e.

 

2. isang tao ko din nagfile din re salary. nkaproject base sya. nang macheck ko time in and out nya for the past 2 years almost 4 hours lang pinapasok nya.

pwede ko bang gawin grounds yun as countercharge?

 

Thank you in advance mga sir!

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Hello Sirs! hingi lang po ako advice.

 

1. I have five workers and threatening me na magfile sila complain regarding salary kundi po ako aareglo.

halos mga new employee sila and still under probation. pinakamatagal 10 months. Pwede ko ba sila kasuhan ng blackmail or something?

Harapin ko naman kahit magfile sila e.

 

2. isang tao ko din nagfile din re salary. nkaproject base sya. nang macheck ko time in and out nya for the past 2 years almost 4 hours lang pinapasok nya.

pwede ko bang gawin grounds yun as countercharge?

 

Thank you in advance mga sir!

 

1. If its solely about salary, they have no case. Unless you are paying more than minimum wage. Also, you must be remitting their BIR, SSS, Pag-ibig contributions. They can file a case for that.

 

2. If its project based, is there a written contract stating the period of tenure? If its just "verbal", the DOLE might consider that person as regular if the duties are necessary to your company. On your counter, you can present proof of her working 4 hours only. But if you did nothing about it in 4 years, you will have a weak case for counter arguing.

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