legal Free Legal Advice

[theoneandonlymistressmia]

On 10/18/2022 at 2:30 PM, M Corleone said:

Yes, the Judge is correct. The Court has no jurisdiction yet over his person. And since under the rules, lack of jurisdiction is one of the grounds for a dismissal of the case, the Judge may motu propio (in his own instance) dismiss the case outright.

I see. So it's really easy to become a scammer nowadays. You filed for a case. The respondent don't show up and the case if dismissed. Thank you very much. 

[M Corleone]

21 hours ago, theoneandonlymistressmia said:

I see. So it's really easy to become a scammer nowadays. You filed for a case. The respondent don't show up and the case if dismissed. Thank you very much. 

Unfortunately, yes. That is why scamming is becoming more and more prevalent these days. This has something to do with due process -- giving the respondent/accused the opportunity to answer/rebut all the accusations against him or her. However, absconding doesn't really get them off the hook as it would necessitate them to stay in the shadows, or in common parlance: "maglakad ng wala nang ulo".

Nevertheless, in your case, you are still left with another recourse: assuming that the money you are claiming was on account of fraud, you may opt to file a criminal case for Estafa against the respondent -- thereby allowing you to seek for an arrest warrant against his or her person. At the risk of stating the obvious, however, such course of action would entail additional costs, mostly for legal fees.

[Miggz]

On 10/18/2022 at 1:05 PM, theoneandonlymistressmia said:

Is it right for the judge to dismiss a small claims case just because the respondent don't attend the hearings and is now hiding? Given the fact that they gave a new location (in the province) and refuse to receive the court order and an affidavit of refusal was made, is that even the right judgement?

The court acquires jurisdiction over civil cases by service of summons on the respondent.  Based on these limited facts you provided, there must have been a defect or mistake in the service of the summons, and that is why the court dismissed the case.  This does not prevent you (?) from filing again, since the dismissal was based on lack of jurisdiction.

The Rules of Court does provide for remedies when a person who is unwilling to receive summons, or when that person can no longer be found.  I am not sure if there is a similar provision in the Rule on Small Claims.  Consult a lawyer of your own choice if you still wish to pursue the case, or just charge it to experience.  The law is there to give redress to grievances but, by my experience, uphill climb na if you have to resort to the courts.  Prevention is better than cure, ika nga. 

 

[j101]

What cases can be filed against you by the police if you are caught inside a spa or MP?

[Buggy boy]

Regarding po ulit sa baril ano po multa or kaso kung nahulihan ka ng baril na walang permit to carry yung baril license naman? 

[Pen15]

On 10/22/2022 at 4:45 PM, j101 said:

What cases can be filed against you by the police if you are caught inside a spa or MP?

Caught having extra service?

RA 10364 Expanded Human Trafficking

Anti-Trafficking in Persons Act of 2003

[JonKartero]

On 10/24/2022 at 10:10 AM, Buggy boy said:

Regarding po ulit sa baril ano po multa or kaso kung nahulihan ka ng baril na walang permit to carry yung baril license naman? 

Section 31 of RA 10591 says, prision correccional (6 mos and a day to 6 years) and a fine of ₱10,000.00.

[Bisociation]

Thank you

[theoneandonlymistressmia]

On 10/20/2022 at 2:42 PM, Miggz said:

The court acquires jurisdiction over civil cases by service of summons on the respondent.  Based on these limited facts you provided, there must have been a defect or mistake in the service of the summons, and that is why the court dismissed the case.  This does not prevent you (?) from filing again, since the dismissal was based on lack of jurisdiction.

The Rules of Court does provide for remedies when a person who is unwilling to receive summons, or when that person can no longer be found.  I am not sure if there is a similar provision in the Rule on Small Claims.  Consult a lawyer of your own choice if you still wish to pursue the case, or just charge it to experience.  The law is there to give redress to grievances but, by my experience, uphill climb na if you have to resort to the courts.  Prevention is better than cure, ika nga. 

 

Actually there was no issue. We followed his instruction. Kami pa pinag serve niya ng summon. Traveled to Batangas just to serve it because according to him (pertaining to the judge), pag sila nag summon, matagal pa. So we did. 

I even secured a narration and affidavit of refusal to receive.

I still sent a message dun sa may utang para sa schedule and they acknowledged. Sinend ko din screenshot na un sa judge as evidence that they knew about the hearing.

Then nung hearing na. 

Everyone, even his own staff, got quite confused when the case was dismissed. 

He said...

"Huntingin mo muna kung nag tatago. Siguraduhin natin address then saka mo refile".

Despite him, seeing the screenshot nung text message nung respondent giving me that very address as their new address. 

Weird. 

[Rickyboyyy]

May friend po kasi ako na nahuli yung BF niya na may ibang kasamang babae sa bahay and ginawa nung friend ko na yun and other friends niya ay inexpose yung ex niya and yung other girl sa soc med about sa cheating na nangyare (like they posted screenshots ng profile nung kabit from various soc med platforms and nag comment din sila sa mga available soc med platforms nung kabit) and may proof po yung friend ko kasi na videohan niya na mag kasama sa kama yung guy and yung kabit.

Questions po:

1. Is there any legal action my friend can take?

2. Is there any legal action the kabit can take against my friend and her friends?

 

Tia for the response

 

 

[lexamicus]

On 11/16/2022 at 2:57 PM, Rickyboyyy said:

May friend po kasi ako na nahuli yung BF niya na may ibang kasamang babae sa bahay and ginawa nung friend ko na yun and other friends niya ay inexpose yung ex niya and yung other girl sa soc med about sa cheating na nangyare (like they posted screenshots ng profile nung kabit from various soc med platforms and nag comment din sila sa mga available soc med platforms nung kabit) and may proof po yung friend ko kasi na videohan niya na mag kasama sa kama yung guy and yung kabit.

Questions po:

1. Is there any legal action my friend can take?

2. Is there any legal action the kabit can take against my friend and her friends?

 

Tia for the response

 

 

How long were they in a relationship?  as to the legal action that your friend can take, the case will be very thin since she is not married with her ex upon the happening of the event. 

As to the second question, the kabit may file several libel cases against your friends and also to you. 

[bacolodfatso]

Question for regarding sa Contract 

A company hired us for a project, then after a month paused the project, then after 4 months decided to terminate the contract. They are asking  for the downpayment back. the contract doesn't stipulate on the return of the DP if contract was terminated by the company. Thanks for your reply. 

[mr_kindred23]

On 9/25/2022 at 12:35 AM, deejay_capslock said:

Disputes between neighbors should be settled or conciliated within the lupon first (barangay). You should go to your barangay and raise the said concern and have a conciliation meeting with your neighbor and would hopefully be resolved. If not you need a conciliation certificate from the barangay and the court is within your disposal.

Ganto rin kasi concern ko.. will it be possible na magpa-assist nalang sa mga pulis..kaasi in our situation di na takot or di madadala sa barangay issue...sinasadya na sa amin...katapat bahay namin...may garahe..pero ilalabas pa yung sasakyan para lang iparada sa side n namin..pwede naman sa side nila...iiwan lang yung sasakyan sa side namin...pagmaybisita sila..tapat garahe nila pero tapat garahe namin...Iniiwasan namin makiusap kasi alam na namin na babastusin or aangasan lang kami...small family lang kami.. senior parents ko and ako lang..so 3 lang kami..so in my case wla ako magawa..yung nangaasar or nangiinis...bully ang dating na...commonsense na pwede iparada sa side nila pero sa side pa namin pagsinumpong pa sa tapat garahe nila na tapat garahe din namin..iniiwasan ko makiusap at baka bastusin lang ako na iniiwasan ko baka pagpumatol pa me ako pa palalabasin mali...eh di ako sanay sa ganto...kaya iniisip ko kung ano possible solution pa..kung kikilos din ba ang pulis sa ganto situation?? thanks in advance.

[theoneandonlymistressmia]

Can banks seize a mortgaged unit that has no no missed payment, if the owner has a car loan that has been left unpaid for years coz the car has been stolen and hearing is still in process coz the carnappers were identified naman?

And...

Can the morgage unit be assumed by a friend or family member  so when the bank decided to file a case against the owner, they can't take away the owner's property. 

[MykG2G]

On 12/13/2022 at 1:43 PM, theoneandonlymistressmia said:

Can banks seize a mortgaged unit that has no no missed payment, if the owner has a car loan that has been left unpaid for years coz the car has been stolen and hearing is still in process coz the carnappers were identified naman?

And...

Can the morgage unit be assumed by a friend or family member  so when the bank decided to file a case against the owner, they can't take away the owner's property. 

1. Can banks seize a mortgaged unit that has no no missed payment, - NO REASON FOR THE BANK TO FORECLOSE ANY PROP IF ACCOUNT / LOAN IS UPDATED. 

2. if the owner has a car loan that has been left unpaid for years coz the car has been stolen and hearing is still in process coz the carnappers were identified naman? - BANK HAS THE REASON TO COLLECT PAYMENT - WHAT YOU CAN DO IS TO CLAIM LOSS VIA THEFT TO YOUR INSURANCE THEN PROCEED OF THE INSURANCE WILL BE PAID TO THE BANK. 

3. Can the morgage unit be assumed ?  - YES BUT ON THE RECORD STILL THE ORIGINAL BORROWER IS LIABLE TO PAY UNLESS LEGAL SUBROGATION TAKES PLACE. 

4. so when the bank decided to file a case against the owner, they can't take away the owner's property.  - NO BASIS