legal Free Legal Advice

[skibeth]

merry Christmas to all you!!!! thanks for the good advices you gave me guys... :cool:

[sprakinhyt]

happy christmas din to everyone

[jaberwocky]

Legal advise please.

 

I know we don't have a divorce law in the PHI. but there is annulment. I'd just like to clarify a few things.

 

PROBLEM:

1. A man had sex with a 17year old girl while she is intoxicated and didn't know what she is doing. would this count as statutory rape? In the morning that she woke-up, she was brought to the Baranggay to sign a paper that she was not forced but she didn't sign.

 

2. She married the guy with due compliance with her parents' wishes. She stayed with the guy for 6 years but it was a shaky marriage. They'd always fight and she's most of the time with her parents. One time, the guy ran away with her kid without informing the mother (he left him in the bus station and didn't say where they were going).

 

3. She went packing without saying any word to her husband and went abroad to work. She hasn't comeback to the Phi for 4 years. There is seldom communication mostly just to say hi to her kid and fight with her husband on the phone. The guy is not a good provider.

 

MY ASSUMPTIONS (But still unsure)

1. any harm brought about by statutory rape was cured by the marriage.

2. the married couple eligible for annulment should not exceed 5years living together.

3. Guy is not a good provider- a ground for annulment.

4. Compliance to parents' wishes (forcibly marrying their daughter)- a ground for annulment.

 

QUESTION

1. Could the case be won?

2. Where does she file the case for annulment?

3. Where around how many years before the decision?

4. How much does it usually take to file an annulment case/ proceedings?

5. If the case were to be filed, will any lawyer here take the case. She is from Naga City.

 

Hope you could help.

 

Thank you in advance.

[buhaghag]

mga attorney,

 

for the special power of attorney... is it automatically irrevocable or it is only valid for six months... thanks for the help, in advance

[The_Blade]

I need help. Ano kaya problem ng PC ko? I can no longer compose/reply nor forward messages using my Yahoo account. okey naman sa hotmail at gmail. I tried using a another PC okey naman yung yahoo ko. Sa PC ko lang talaga nagloloko. Nawawala yung message box (where you write your message) at may display na ERROR ON PAGE sa bottom of screen. see attached photo.

 

I also ran anti-virus and spy sweeper wala naman makita sira o virus.

[umbertoeklat]

for a quick answer, delete your cache.

 

pag ayaw pa rin.....me iba nang sasagot..hehe

 

I need help.  Ano kaya problem ng PC ko? I can no longer compose/reply nor forward messages using my Yahoo account. okey naman sa hotmail at gmail. I tried using a another PC okey naman yung yahoo ko. Sa PC ko lang talaga nagloloko. Nawawala yung message box (where you write your message) at may display na ERROR ON PAGE sa bottom of screen. see attached photo.

 

I also ran anti-virus and spy sweeper wala naman makita sira o virus.

<{POST_SNAPBACK}>

[The_Blade]

for a quick answer, delete your cache.

 

pag ayaw pa rin.....me iba nang sasagot..hehe

<{POST_SNAPBACK}>

 

 

 

you mean the cookies and history? i already did. ayaw parin?

[roxysnonie]

I need help.  Ano kaya problem ng PC ko? I can no longer compose/reply nor forward messages using my Yahoo account. okey naman sa hotmail at gmail. I tried using a another PC okey naman yung yahoo ko. Sa PC ko lang talaga nagloloko. Nawawala yung message box (where you write your message) at may display na ERROR ON PAGE sa bottom of screen. see attached photo.

 

I also ran anti-virus and spy sweeper wala naman makita sira o virus.

<{POST_SNAPBACK}>

 

what happened that lead to this ba?

 

my guess is you need to reinstall yahoo on your pc, baka may missing yahoo file ka...

[The_Blade]

 

what happened that lead to this ba?

 

my guess is you need to reinstall yahoo on your pc, baka may missing yahoo file ka...

<{POST_SNAPBACK}>

 

 

i changed my password and some public profiles. then suddenly nagulat ako 250mb na ang capacity. tapos d na ako makapagsend.

 

the error message read like this:

[bokam]

sprakinhyt,

 

The children, being illegitimate, shall be under the parental authority/custody of their mother.

 

However, the father may file a petition in court for guardianship over the children if there are valid reasons.

 

The fact that the mother's a bum doesnt necessarily mean that she is incapable of caring and supporting her children.

[TeeUp]

sprakinhyt,

 

if you wonder why our courts rule the way penyerong bokam said it would, it is because the law recognizes the inherent maternal instincts that come with bearing a child for 9 long months. no matter how "bad" the mother is in some other respects the law presumes that she still takes care of her children the best way she knows.

 

in fact, in some of its past rulings, the supreme court went as far as saying that the fact alone that a mother is a prostitute does not divest her of such instincts. she still is capable of taking care of her children far better than anyone else can.

[sprakinhyt]

thanx bokam and teeup, i'm just helping my friend who's involved in this issue right now because he wanted to know his rights as the father because his ex-wife moved to the province already with his daughters.

[soulripper]

need advice po mga experts....

 

ka-iinstall ko lang po ng windows XP (pirated po), just trying whether I will switch to this OS or still use the 98... ok naman ang installation, but its asking me to register it....pag di ko niregister, I can only use it for 30 days...

 

is it safe to register it, kahit na pirated ito. Di ho ba delikado na matrace ako ng Microsoft at mahuli using pirated software...

 

thanks in advance...

<{POST_SNAPBACK}>

 

 

PM me. i'll give you the patch. it's just a very small program. i used on my winxp installation. i have already updated my OS to service pack 2.

[bokam]

sprakinhyt,

 

As to your second question:

 

I believe its gonna be up to the children to decide whether to adopt the surname of the father or not.

[bokam]

jaberwocky,

 

Before answering your questions, I would like to rectify some things.

 

A. It is statutory rape when:

the offended party is under 12 years old

OR

victim is a demented girl regardless of age.

 

Won't deal much with the rape thing since your query focuses on annulment.

 

B. Husband's not a "good provider" is not a ground for annulment.

 

 

1. Could the case be won?

 

Annulment? probably. But odds are against the wife. While consent of the wife obtained through undue influence, intimidation or force is a ground for annulment, the same cannot be used as a ground if the action for annulment is not filed within 5 years from the time the undue influence, intimidation or force disappeared or ceased.

 

The instances you enumerated are not grounds for annulment.

 

The wife has a bigger chance in declaring the marriage void ab initio on the ground of psychological incapacity (Article 36 of the Family Code).

 

N.B. I assumed that she wasnt a minor anymore when she got married.

 

 

2. Where does she file the case for annulment?

 

The petition for annulment (voidable) should be filed in the Family Court (Regional Trial Court) of the province or city where the wife (petitioner) or husband (respondent) has been residing for at least six months prior to the date of filing.

 

 

3. Where around how many years before the decision?

 

Its hard to say. If there's no opposition from the husband and the state is not that interested in handling the case then "maybe" around 2-4 years.

 

4. How much does it usually take to file an annulment case/ proceedings?

 

Again, its hard to answer this question. Lotta factors to consider, professional fee of counsel, opposition of the spouse, etc.

 

5. If the case were to be filed, will any lawyer here take the case. She is from Naga City.

 

As for me, I cant. Sorry. Naga is pretty far from Cebu. Try to PM other lawyers here.... they usually have the "MTC Legal Banner" attached to their post as their signature.

[bokam]

buhaghag,

 

A special power of attorney is valid until:

 

a. it is revoked;

b. Agent withdraws;

c. Principal or agent dies or becomes insane;

d. Accomplishment of the purpose for which it was constituted;

e. expiration of the period (if a period was agreed upon).

 

A SPA, therefore, does not expire after 6 months.

 

However, certain government agencies, like GSIS, (I think) require an updated SPA as a precautionary measure.

[jmartinph]

Don't use Internet Explorer. Vulnerable talga sya sa virus. Why not use Firefox or Mozilla Browser Suite

[silentkilla]

what's up? medyo matagal na ako di nakakapunta dito uli...

[LAKAY210]

i concur with bokam! SPA's dot not expire for six months unless stated in the same. Some banks require the agent to present an updated SPA every year.

[mistaj]

good morning.

 

a friend of mine and his wife are separating. they have two kids. my friend makes only around 20 thousand pesos monthly. my question is, what percent of his earnings should he give for child support? thanks.

[bokam]

mistaj,

 

There is no exact formula on how to compute "civil" support.

 

Factors such as resources of the giver and necessities of the recipient come into play.

 

The giver is not required to give all his money/properties to the person being supported as he also has the right to live and therefore has to set aside something for his own support and maintenance.

[mistaj]

thanks a lot bokam! i'll forward that to my friend.

 

another query, does the group Movement of Attorneys for Brotherhood, Integrity and Nationalism, Inc. (MABINI) have a website? I've been trying to search for it in the net but i can't find it. help me pls. thanks again.

[xcalibr]

hi. i just would like to know what (hardware) firewall you are using?

 

thanks

[silentkilla]

Guys meron akong pirated na WinXP Pro installed sa PC ko. Upgraded na siya using the WinXP SP1. Nagamitan ko na ng cracking utility ang WinXP SP1 kaya nainstall ko siya ng maayos. My problem is, sinubukan ko na mag-install ng WinXP SP2 na nakuha ko sa Microsoft site. Then all of a sudden pumangit ang performance ng system ko. Palaging nakaka-experience ng system crash at ang ibang apps at games ko ay biglang bumagal. My computer uses and Athlon XP 1900+ with 512MB of RAM (DDR333), my video card is an ATI Radeon 9600 with 256MB of video RAM.

 

I reinstall my system and reinstalled the SP1 of WinXp. Ok na uli tulad ng dati, walang slowdowns or system crashes. My question is, meron ba ako dapat gawin para ma-install nang maayos ang SP2?

[soulripper]

Guys meron akong pirated na WinXP Pro installed sa PC ko. Upgraded na siya using the WinXP SP1. Nagamitan ko na ng cracking utility ang WinXP SP1 kaya nainstall ko siya ng maayos.  My problem is, sinubukan ko na mag-install ng WinXP SP2 na nakuha ko sa Microsoft site. Then all of a sudden pumangit ang performance ng system ko. Palaging nakaka-experience ng system crash at ang ibang apps at games ko ay biglang bumagal. My computer uses and Athlon XP 1900+ with 512MB of RAM (DDR333), my video card is an ATI Radeon 9600 with 256MB of video RAM.

 

I reinstall my system and reinstalled the SP1 of WinXp. Ok na uli tulad ng dati, walang slowdowns or system crashes. My question is, meron ba ako dapat gawin para ma-install nang maayos ang SP2?

<{POST_SNAPBACK}>

 

 

check the firewall setting. may sariling firewall kasi pag install ka ng sp2.