legal Free Legal Advice

[keenpee]

On 4/27/2025 at 10:35 AM, keenpee said:

kapag Accion Reivindicatoria ung kaso and ung requesting party ay si defendant pero si defendant ay illegal settler. can they request it

Any suggestion for this?

[deejay_capslock]

Accion Reivindicatoria focuses on ownership and possession. How cam the defendant request this relief kung nde sya ung complainant?

[deejay_capslock]

What is this about?

13 hours ago, Ice said:

Thank you. Is there anybody who can assit legally and i can provide a percentage of the collected amount  Value about P1.3M

 

[deejay_capslock]

Depende yan sir kung ano ung Threat syo whether it would fall as Grave or Light threats.

There is a prescription period sa kada krimen so you need to take of that also

On 4/27/2025 at 10:41 AM, keenpee said:

can i ask if defendant can file for petition for relief of judgment rule 38 sa Accion Reivindicatoria kapag meron issue sa docs that was filed as formal exhibit by the plaintiffs way back from the start of the hearing? if they claim meritorious reason for fame

the defendants are not part of the doc as they are illegal settlers.

 

[deejay_capslock]

I suggest consulting a lawyer for this.

On 5/2/2025 at 1:03 PM, Ice said:

Anybody who has experience with filing a case for a personal investment that did not pay out the interest and capital? Have a comtract for it.

 

[keenpee]

10 hours ago, deejay_capslock said:

Depende yan sir kung ano ung Threat syo whether it would fall as Grave or Light threats.

There is a prescription period sa kada krimen so you need to take of that also

 

Ah yung question po sa rule 38 not the threat

[keenpee]

Defendants ung nakapossess ng property and sya ung complained party or defendant. Kapag nailabas na ung finality or entry of judgment can they use the evidences presented during the trial again sa petition for relief of judgement rule 38. Example exhibit A which has been presented and heard during actual trial. And they are not part of the document.

Questions

1) can they still use the evidences sa formal offer ng plaintiffs for this rule 38 or need new evidence? Since napagusapan na ung mga evidences during regular trial can they dig the previous evidences and say ' ay may nakita kami na kaduda duda.' when their chance to check the docs has lapsed?

2) they are not part of the documents since illegal settlers sila their documents points to another lot.

Tia

[keenpee]

On 4/27/2025 at 10:35 AM, keenpee said:

kapag Accion Reivindicatoria ung kaso and ung requesting party ay si defendant pero si defendant ay illegal settler. can they request it

Pued po ba ito?

[keenpee]

11 hours ago, deejay_capslock said:

Accion Reivindicatoria focuses on ownership and possession. How cam the defendant request this relief kung nde sya ung complainant?

Kapag meron na finality can they file this as they are illegal settlers. 

[mic man]

If a party is not part sa Isang deed contract. Can they request a ctc notarized copy sa rtc where the notary public is, while gathering evidences or doing verification?

Edited 16 hours ago by mic man

[Aries0818]

30 minutes ago, mic man said:

If a party is not part sa Isang deed contract. Can they request a ctc notarized copy sa rtc where the notary public is, while gathering evidences or doing verification?

Yes because once a notarized document is filed with the OCC of the RTC it becomes a public document but you would have to put a purpose why you have to secure a copy sometimes they just put the reason for some “legal purpose/s” usually it is allowed like for filing of cases like falsification or perjury the OCC allows that to be issued in favor of a third party.

Edited 16 hours ago by Aries0818
Grammar

[mic man]

2 hours ago, Aries0818 said:

Yes because once a notarized document is filed with the OCC of the RTC it becomes a public document but you would have to put a purpose why you have to secure a copy sometimes they just put the reason for some “legal purpose/s” usually it is allowed like for filing of cases like falsification or perjury the OCC allows that to be issued in favor of a third party.

How come Sabi Ng staff kelangan parties involved only? Need authorization daw if third party from parties involved kung kukuha Sila. 

[Ben Tennyson]

10 hours ago, keenpee said:

Kapag meron na finality can they file this as they are illegal settlers. 

Accion reivindicatoria is a remedy of the plaintiff to recover the ownership and possession of a land. This remedy can be availed by the owner, not the illegal settlers. If you are the owner, you can avail this, the illegal settlers cannot. 

 

[Ben Tennyson]

10 hours ago, keenpee said:

Kapag meron na finality can they file this as they are illegal settlers. 

Petition for relief from judgment is a post judgment remedy, a remedy that can be availed if there is already a finality. This remedy must be filed to a higher court. If the MTC rendered the judgment, the petition can be filed to the RTC. If the RTC rendered the judgment, the petition can be filed to CA. 

Petition for relief from judgment is the remedy of the aggrieved party if the judgment becomes final and executory. If the judgment is taken through fraud, accident, mistake or excusable negligence. 

If you are the owner, panalo ka na sa lower court pa lang kasi illegal settlers nga po sila. Sayo ang favorable judgment. If final na ang judgment, saka lang makaka gamit ng rule 38.