legal Free Legal Advice

[cyber_princesa26]

hi guys, mejo mahaba ung story ko pero here goes. 7 years ago, my husband and I separated bec nahuli ko cla ng kabit niya(hindi naman nagsesex or any indecent act). anywei, a year after that, the girl got pregnant and right now meron na clang 5 yr old son. for 7 years, hindi nya sinuportahan ung 2 kids namin and i didnt obligated him to do that as well. pagkakamali ko. anywei, he's a seaman and right now, he's in Caribbean dw. nakasakay cya kumbaga. only this year ko cya inoblige na magbgay ng support. nung una ayaw niya pa din. and then when i checked his records and contract in POEA and OWWA, i found out na ung mistress nya ang dineclare nyang legal wife and hindi nakainclude sa beneficiaries ung mga kids namin. I went to NSO and request for a CENOMAR(Certificate of No Marriage) and I found out na nagpakasal cya dun sa girl nung 2000, a yr after namin maghiwalay. I complained sa MAGSAYSAY SHIPPING COMPANY, his employer about me being his LEGAL wife but they told me na it would depend daw dun sa empleyado, w/c is my husband, kung cno dinedeclare nya. I was disappointed pero since wla akong magawa, i didnt pursue the complain. My husband and his mistress found out about it and he decided to support the kids with just P5000 monthly support! He paid for the tuition fee naman pero the tuition fee of my kids doesnt even meet half the tuition fee of his son sa mistress nya! Im now thinking of sueing them kasi nagpakasal cla. Sbi ng advisor ko, it would be better to file it sa mga police precinct,sa Womens Helpdesk ata or something and then they will issue a ng warrant of arrest. Most probably, makikipagusap cympre ung husband ko sakin na iurong ung kaso, and when that happens, i can demand him to pay for the annulment fees but I will be the one who will file for annulment of course and a 70% of his salary for my kids monthly support. I havent talked to a real lawyer so am not sure if that will work. What if hindi cya magwork? baka mapahiya lang ako sa huli, coz i dont have money to file an annulment or to sue them. GUYS, ung mga lawyers po jan, any advise will be greatly appreciated. pls....... thanks....

[boy popoy]

boy popoy,

 

if your friend needs speedy relief, then tell her to get a lawyer and consider filing a "Petition for Issuance of Permanent Protective Order" pursuant to RA 9282 (if Im not mistaken), otherwise known as the "Anti-Violence Against Women and their Children Act". There is a provision there allowing an initial ex-parte hearing which will be the basis for the issuance of a temporary protective order (TPO). Before the husband even receives a copy of the summons and the petition, meron na agad TPO which may include an order, among others, directing the husband to provide monetary support to the wife and/or to stay away from the wife/children etc. This was the same petition filed by the wife of Ramon "El Presidente" Fernandez. Before El Presidente knew about the petition, there was already an order directing him to support his wife to the tune of P350,000 a month ata. Ha ha, ang laki no? at ang bilis. I should know, my client has also been "victimized" by this law, haha.And the effectivity of the TPO can be extended until the court's issuance of a Permanent Protective Order.

<{POST_SNAPBACK}>

 

 

thanks for your response totoy bola. however, i dont think this will apply to my friends case. as i stated earlier, her abuse is more mental in nature. she has been hurt physically a few times but nothing serious ever happened. just a few small bruises from being pushed around or getting grabbed. those incidents were also never reported so i dont know if thats enough to consider physical abuse.

[Wolf]

boy popoy:

The law that the good-looking lawyer totoybola mentioned also covers psychological or mental violence inflicted upon any of the spouses. Hindi lang physical abuse.

 

cyber_princesa26:

From what i understand, you have a good case of concubinage against your husband. Pwede syang makulong dun. You can also ask for support from him. The second marriage that he contracted is void from the beginning bacause your marriage was still subsisting in 2000. you are still his legal wife despite his declarations to the contrary. Mali yung sinabi ng taga-POEA/OWWA na depende sa dineklara ng asawa mo.

 

Consult a lawyer na so you can protect your and your children's rights. They should not be made to suffer because of their father's indiscretions.

 

Hope this helps.

[jeckyl]

Mga Bossing, RA 9262 yung "Anti-Violence Against Women and their Children Act" and it is equally applicable to non physical abuse i.e. psychological and even economic.

[cyber_princesa26]

cyber_princesa26:

From what i understand, you have a good case of concubinage against your husband. Pwede syang makulong dun. You can also ask for support from him. The second marriage that he contracted is void from the beginning bacause your marriage was still subsisting in 2000. you are still his legal wife despite his declarations to the contrary. Mali yung sinabi ng taga-POEA/OWWA na depende sa dineklara ng asawa mo.

 

Consult a lawyer na so you can protect your and your children's rights. They should not be made to suffer because of their father's indiscretions.

 

Hope this helps. 

<{POST_SNAPBACK}>

 

thanks wolf! am planning to ask some legal assistance sa IBP. hopefully, sana may mkuha akong lawyer na pwdng libre o pro bono.. cheers!

[TheGeneral]

actually i have the same problem.... i was 17 yrs old when my dad gave me an extension card ... unfortunately arter a year my dads business have a problem and we have a hardtime paying the bills for credit card. it took my dad 3 yrs to settle the whole balance. now i cant get my credit card even though im just a suplementary car bearer at that time and now i im earning more the the required annual income. cant even open a aving acnt in bpi bank. too bad.

<{POST_SNAPBACK}>

 

 

BPI can let you open an account as long as you can provide proof that you've settled all outstanding credit card balances.

[chosenone]

hello peeps. Pls help.

 

In 2003, we started a services company and registered in SEC as a corporation. We are comosed of 6 stockholders. Three from my side and three for my main business partner side. This year we decided to partways because of differences. Ok naman ang out of court settlement. naghati kami assets and they let me continue the management of the company. papalitan ko na lang mga names ng new stockholders. pls advice me on the procedures kung ano mga gagawin ko. small company lang po to. tnx a lot dudes. ilove mtc

[bRIX]

risky ba bumili ng mga generic na DDRAM?

[R@v3n]

risky ba bumili ng mga generic na DDRAM?

<{POST_SNAPBACK}>

 

Depende kung san ka bibili ng RAM... :headsetsmiley:

[boy popoy]

boy popoy:

The law that the good-looking lawyer totoybola mentioned also covers psychological or mental violence inflicted upon any of the spouses. Hindi lang physical abuse.

 

<{POST_SNAPBACK}>

 

 

wow ive learned a lot from this thread! thanks again to everyone who replied. ill pass this info to my friend.

[jumpingJax]

chosenone,

you should require your "partners" to sell/assign their stocks/shares and all of their rights and/or interest in the corp. register this in your stock and transfer book. elect new sets of officers or directors then report if to the SEC via a GIS-general information sheet.

[Wolf]

thanks wolf! am planning to ask some legal assistance sa IBP. hopefully, sana may mkuha akong lawyer na pwdng libre o pro bono.. cheers!

<{POST_SNAPBACK}>

Cheers?

Do I know you?

[redax]

chosenone,

you should require your "partners" to sell/assign their stocks/shares and all of their rights and/or interest in the corp. register this in your stock and transfer book. elect new sets of officers or directors then report if to the SEC via a GIS-general information sheet.

<{POST_SNAPBACK}>

Won't a BIR clearance for payment of capital gains from shares of stock not traded in the stock exchange be required by SEC before said transfer of shares can be recorded by SEC?

[jumpingJax]

redax,

the recording of the transfer/assignment is a recording in the stock and transfer book of the corp. what you report to the SEC via the GIS-general information sheet -- is the corporate changes in its organizational set-up. as this is an internal matter of the corp, prior SEC approval is not required.

 

am not very particular as to the taxes for such transfer/assignment.

[tentacle]

After your partners sign the contract/document assigning their stocks and whatever rights they have in the corporation, document stamp taxes and capital gains taxes have to be paid to the BIR. If BIR finds that the correct taxes are paid, it will issue a tax clearance. Once the tax clearance is issued, the corporation may issue new share certificates in the new owner/s' name/s and record the assignment of shares in the corporation's stock and transfer book. (SEC approval is NOT required.) After all these, your former partners will no longer be qualified to have board seats. (A board member is required to own at least 1 share of the corporation.) So, a meeting will have to be called in order to elect new directors. The results of the election will be reported to the SEC in the form of a General Information Sheet.

[redax]

After your partners sign the contract/document assigning their stocks and whatever rights they have in the corporation, document stamp taxes and capital gains taxes have to be paid to the BIR. If BIR finds that the correct taxes are paid, it will issue a tax clearance. Once the tax clearance is issued, the corporation may issue new share certificates in the new owner/s' name/s and record the assignment of shares in the corporation's stock and transfer book. (SEC approval is NOT required.) After all these, your former partners will no longer be qualified to have board seats. (A board member is required to own at least 1 share of the corporation.) So, a meeting will have to be called in order to elect new directors. The results of the election will be reported to the SEC in the form of a General Information Sheet.

<{POST_SNAPBACK}>

 

That's what I thought. When my dad died we inherited shares of stock to the family corporation and had to show we paid estate tax for inheriting said shares and were required to sumbit clearance of BIR.

[ladydredd]

sir butsoy,

 

PMd you already =)

[chosenone]

tnx dudes for the advice. i really appreciate it.

[tentacle]

tnx dudes for the advice. i really appreciate it.

<{POST_SNAPBACK}>

 

 

siyanga pala, when you ask them to sign the deed of assignment of shares, ask them na rin to sign resignations as directors/officers or whatever positions they hold in the company.

[race91]

thanks for your response totoy bola.  however, i dont think this will apply to my friends case.  as i stated earlier, her abuse is more mental in nature.  she has been hurt physically a few times but nothing serious ever happened.  just a few small bruises from being pushed around or getting grabbed.  those incidents were also never reported so i dont know if thats enough to consider physical abuse.

<{POST_SNAPBACK}>

 

Hi! I think you've already seen from the posts that you do need to tell your friend to see a lawyer. Our laws protecting women and children have already evolved so much that she is bound to find legal redress, despite the difficulties.

 

May I however add that another kind of professional help may be needed -- something that even lawyers may not be able to address. Your friend has suffered and borne a lot for the past years and requires a lot of strength to be able to even realize that she is entitled to a life without an abusive husband. This process is very difficult. Making these choices is difficult as well. There are women's organizations like Women's Crisis Center and the like who can assist your friend. Hopefully, she'll find the strength and peace she's looking for.

[cruesome]

mga kapanalig, may idea ba kayo kung saan ako pwede makabili ng optional infra-red port (non-serial/usb). my motherboard, an asustek, has an infra red port, built in to the motherboard. i'd like to try remotecontrolled linux to play my multi-media.

[mick8]

I just had my pc reformatted and so far my yahoo messenger was working. After installing some more softwares my YM just encountered a problem, This is what happens when i open it.

[mick8]

This is the report i get when i click the "click here" link.

[mick8]

finally this is the report i get from microsoft when i click the Send Error Report. I deleted my flash program & had the YM re-installed but i still get the same problem. I've also tried installing the older version of YM and just had it updated to the latest version, but still it doesn't work.

[mick8]

finally this is the report i get from microsoft when i click the Send Error Report. I deleted my flash program & had the YM re-installed but i still get the same problem. I've also tried installing the older version of YM and just had it updated to the latest version, but still it doesn't work.