legal Free Legal Advice

[l3v3l]

firefox parin kasi daming di pde sa IE eh

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yup.. CSS is broken in IE..

[Kurtsky Keigee]

problem solved

Edited August 23, 2005 by kUrTsKY

[bRIX]

i bet IE7 will be a resource hog..

[habits]

m thinking of a topic for my legal thesis...i want to tackle BLOGGING ....any issue aside from admissibility as evidence? i want to handle accountability of BLOGGERS sana in general ..is it legally feasible and defendable

[cdma]

You are one very helpful person cdma and you are very fortunate genius8. Now you don't have to go to SEC to find out if you can do it on your own. Hope you haven't gone yet. Never would have thought you'd get such a comprehensive reply to your query taking into consideration the length of time that has elapsed since then. More power to you cdma.

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Thanks redax... However, you are too generous with your compliments. We want foreign investors to do business here, don't we? :cool:

[gabriel64]

You are one very helpful person cdma and you are very fortunate genius8. Now you don't have to go to SEC to find out if you can do it on your own. Hope you haven't gone yet. Never would have thought you'd get such a comprehensive reply to your query taking into consideration the length of time that has elapsed since then. More power to you codammanus.

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Yes, cdma gave you the full reply - great one too. If you do decide to go to the SEC, ask for the express lane form - that is a complete "kit" of incorporation papers. That way, you do not have to draft everything yourself. Note that the express lane form can usually answer for the usual types of corporations. What kind of company do you intend to form, if you don't mind my asking?

[genuis8]

I would like to thank the 3 gentlemen who provided complete insights. It seems the requirements have not yet changed for the last 20 years. I was trying to decide whether a Corporation would be better or just a Simple Business Partnership would suffice. I like the financial & legal protection offered by a Corporation since it is a separate Legal Entity.

 

My longtime friend has convinced me to invest several smalls over the last 10 years, and recently I invested an amount of money into a joint venture w/ him to start a fish farm raising tilapia. We are currently undergoing construction to convert the rice farmland into a fishpond. I already had a long pipe and deep well dug several years ago, with matching engine to pump water.

 

I am thinking about formalizing the venture and making a business plan for the future, hence, the question about Corporation or Partnership. Thanks to all for your input.

[gabriel64]

m thinking of a topic for my legal thesis...i want to tackle BLOGGING ....any issue aside from admissibility as evidence? i want to handle accountability of BLOGGERS sana in general ..is it legally feasible and defendable

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a BLOG is like an internet newsletter right? If it can be published and passed around, why not check the criminal issues - e.g. libel through internet BLOGGING.

 

Just make sure you focus your thesis on one or a few issues only as you can easily lose focus and then lose control of your topic. good luck.

[hitman531ph]

Too many song revivals of foreign songs...

 

Bad revivals:

 

Buratney Spears version of The Rolling Stones' I Can't Get No Satisfaction

Buratney Spears version of Bobby Brown's My Prerogative

 

 

Overload of song revivals from local artists...

 

They claim that royalties are not enough to pay for their creativity which results in no motivation to create new original compositions.

 

Baloney!

[Ice]

hey there, just thought you might be interested in this info.

 

Globelines Broadband postpaid internet subscription is currently giving out a 50% discount on its monthly rates on selected areas until August 31, 2005.

 

We are also looking for Potential Business Partners who could reffer potential subscribers on a part time or full time basis. There is no cash investment as a Business Partner. All you have to do is send us refferals of people who would like to subscribe to us and we shall give you 50 up to 100% commission on the 1st monthly service fee (up to P10,000/refferal) for your efforts.

 

if youd like to find out if your area is included in the 50% discount promo or would like to earn and become a business partner, please send me an email at ice.yulo@innove.com.ph or snlyulo2003@yahoo.com

[R@v3n]

Hello everyone! I just have a question regarding C# programming...I'm trying to create a user control that accepts any type of control (buttons, labels, etc. ) now how can I create a property that will accept the control and initialize a specific private global variable which is of the same type as that which was accepted by the control? For example, if I have a Button type, it should initialize with a = new Button(); thingee...and if its a Label, it should follow that initializes with the = new Label() thing...well, hopefully someone can understand what I'm trying to say here...I'm much better at describing it physically than mentally...

[thunderboy123]

inquire ko lang what is demural of evidence, sabi kasi ng defense lawyer, then sabi ng judge usually sa experience nya years ang inaabot pag ganun so let continue with the trial na lang daw.

[tentacle]

x x x I am thinking about formalizing the venture and making a business plan for the future, hence, the question about Corporation or Partnership. Thanks to all for your input.

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here are a few more details taken from the SEC's website: www.sec.gov.ph with some of my comments:

 

SEC REGISTRATION REQUIREMENTS FOR REGISTRATION OF STOCK CORPORATIONS

 

1. Basic Requirements

 

Name Verification Slip (secure online or from SEC Name Verification Unit, if you plan to do it online, go to the SEC website, place your cursor over the the Online Transactions Tab, several options will appear, click on Reserve Company Name, then follow the instructions)

 

Articles of Incorporation and By-Laws (if you don't have any special arrangements with your partner, use the express lane form)

 

Treasurer’s Affidavit (regarding the capital of the corporation)

 

Affidavit of incorporator or director undertaking to change corporate name (not required if Articles of Incorporation has provision on this commitment )

 

Registration Data Sheet

 

2. Additional Requirements

 

Indorsements/clearances from other government agencies, if applicable.

 

For corporations with foreign equity, submit Proof of Remittance by non-resident aliens and foreign corporate subscribers who want to register their investment with Bangko Sentral ng Pilipinas ( BSP ) (kung fishpond business yata, dapat 100% Filipino-owned)

 

For corporations with more than 40% foreign equity, submit Application Form F- 100

 

3.a. If your capital will be in cash,

 

Bank Certificate of deposit of paid up capital notarized in place where executed

 

Proof of inward remittance or bank certificate (only those corporations with foreign subscribers who want to register their investments with the BSP)

 

3.b. If land or any other real property will be transferred to the new corporation in as capital

 

Detailed schedule of the property showing its registered owner, location, area, TCT No., Tax declaration number and the basis of transfer value ( market value / assessed value / Zonal value or appraised value )

 

Copy(ies) of TCT/CCT and tax declaration sheet(s) certified by Register of Deeds and Assessor’s Office respectively

 

Latest zonal valuation certified by BIR , if transfer value is based on zonal value

 

Appraisal report by a licensed real estate appraiser, if transfer value is based on appraised value (not more than 6 months old)

 

Deed of assignment with primary entry by Register of Deeds

 

If property is mortgaged, submit mortgagee/creditor’s certification on the outstanding loan balance and his consent to the transfer of property

 

For assignment of buildings where assignor is not the owner of the land, submit the lease contract on the land and consent of the land owner to the transfer

 

3.c If other properties, such as inventories /furniture /personal properties will be transferred to the new corporation in as capital

 

Detailed schedule of the property showing its description and the basis of transfer value (market value or book value)

 

Special audit report by an independent CPA on the verification and valuation of the property

 

Deed of assignment of property to the corporation

 

3.d If heavy equipment and machinery, motor vehicles, will be transferred to the new corporation in as capital, check the SEC Website for the requriements

[tobleron222]

inquire ko lang what is demural of evidence, sabi kasi ng defense lawyer, then sabi ng judge usually sa experience nya years ang inaabot pag ganun so let continue with the trial na lang daw.

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Demurrer to evidence po, it is a remedy attacking the sufficiency and admissibility of evidence, in effect, you will ask the court to dismiss the case because the evidence available or presented at the moment is insufficient to sustain a case. Risky din po yan on the part of the defense( ill explain in the future if youre interested) It would take some time kasi the court will analyze if indeed the evidence is sufficient. To be availed of lang po if the defense is really sure that the case is very weak because of lack of evidence nga po. It is being discouraged by the judge and your lawyer kasi dagdag trabaho lang kung walang magandang basis,..refer to my penultimate sentence.

[thunderboy123]

thanks tobleron, will surely ask again regarding this term

 

Demurrer to evidence po, it is a remedy attacking the sufficiency and admissibility of evidence, in effect, you will ask the court to dismiss the case because the evidence available or presented at the moment is insufficient to sustain a case. Risky din po yan on the part of the defense( ill explain in the future if youre interested) It would take some time kasi the court will analyze if indeed the evidence is sufficient.  To be availed of lang po if the defense is really sure that the case is very weak because of lack of evidence nga po.  It is being discouraged by the judge and your lawyer kasi dagdag trabaho lang kung walang magandang basis,..refer to my penultimate sentence.

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[gabriel64]

Demurrer to evidence po, it is a remedy attacking the sufficiency and admissibility of evidence, in effect, you will ask the court to dismiss the case because the evidence available or presented at the moment is insufficient to sustain a case. Risky din po yan on the part of the defense( ill explain in the future if youre interested) It would take some time kasi the court will analyze if indeed the evidence is sufficient.  To be availed of lang po if the defense is really sure that the case is very weak because of lack of evidence nga po.  It is being discouraged by the judge and your lawyer kasi dagdag trabaho lang kung walang magandang basis,..refer to my penultimate sentence.

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I agree. Please note that the degree of risk and the procedure to be followed depends on whether your case is criminal or civil - iba kasi 'yung rules.

 

To give you an idea - I once prosecuted an estafa case. After I finished presenting my evidence, the defense filed a demurrer. I submitted my comments to the demurrer. I only had to argue that my evidence was sufficient to establish a prima facie case (i.e. convincing lang ang evidence, hindi kailangan na proof beyond reasonable doubt at this stage).

 

6 months after I filed my comments - the court denied the demurrer. :thumbsupsmiley:

 

It is a risk - but if you have nothing to lose, and you want to delay the case - why not. As long as you are aware of the risks.

 

By the way, in my experience - if the judge is discouraging you - it is possible that he thinks na the evidence is sufficient. So by filing the demurer - which will probably be denied - you will delay the case for 6 months to a year.

[tobleron222]

thanks tobleron, will surely ask again regarding this term

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'welcome, no problem

[kakaiba]

Hello everyone! I just have a question regarding C# programming...I'm trying to create a user control that accepts any type of control (buttons, labels, etc. ) now how can I create a property that will accept the control and initialize a specific private global variable which is of the same type as that which was accepted by the control? For example, if I have a Button type, it should initialize with a = new Button(); thingee...and if  its a Label, it should follow that initializes with the = new Label() thing...well, hopefully someone can understand what I'm trying to say here...I'm much better at describing it physically than mentally... 

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i don't know much about C#, but i think you need to create a class type (sub or function in other terms) that will create the $obLabel = new Label() thingy you like. just don't forget to use the global type varible for C#.

 

sorry if you might not understand what i said.

[Moonwalker]

greetings...

 

nagpapatulong sa akin yung isang friend ko dahil yung driver ng motherboard niya e nawala. so nag search kami sa net. by the way, ito nga pala yung motherboard niya:

 

http://www.sceusa.com/p4xfb.htm

 

 

may nakita akong driver niyan:

 

http://www.jetway.com.tw/evisn/product/p-4/p4xfb/p4xfb.htm

 

pero nung click ko na yung download driver, nag open naman siya ng new window:

 

http://www.jetway.com.tw/evisn/download/driver/index-1.htm

 

san po diyan sa mga list na yan ang compatible para sa motherboard ng friend ko? or kung may iba pa kayong alam na site na puwedeng magdownload ng driver niyan eh pakipost na lang.

 

thanks in advance.

[agentjackbauer]

if you are the accused in a criminal case, why is there a risk in moving for a demurrer when you can ask for leave of court before filing one? risk-free yun di ba?the mere fact that the court grants you leave to file a demurrer is an indication that the case of the prosecution is not that strong, right?

[R@v3n]

greetings...

 

nagpapatulong sa akin yung isang friend ko dahil yung driver ng motherboard niya e nawala.  so nag search kami sa net. by the way, ito nga pala yung motherboard niya:

 

http://www.sceusa.com/p4xfb.htm

may nakita akong driver niyan:

 

http://www.jetway.com.tw/evisn/product/p-4/p4xfb/p4xfb.htm

 

pero nung click ko na yung download driver, nag open naman siya ng new window:

 

http://www.jetway.com.tw/evisn/download/driver/index-1.htm

 

san po diyan sa mga list na yan ang compatible para sa motherboard ng friend ko?  or kung may iba pa kayong alam na site na puwedeng magdownload ng driver niyan eh pakipost na lang. 

 

thanks in advance.

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Since the motherboard's chipset was made by VIA, the generic drivers for VIA mainboards should be compatible with your motherboard. Go to this site and find the VIA 4-in-1 Hyperion driver set and install that on your system. Also, the sound drivers can also be found there. Just find the VIA AC97 drivers for it. :headsetsmiley:

[tobleron222]

Asking for leave of court is just another way of informing the court that you are going to file a demurrer, a permission in short. It is discretionary and granting a motion for leave of court to file a demurrer does not necessarily mean that the evidence for the prosecution is weak. If the court grants motion for leave of court the court is just telling you "Ok I will let you prove to me that the evidence is weak. That is why you have to file the demurrer, it is in the demurrer that you are going to explain and convince the court that the prosecution's case is weak because of insufficiency of evidence.

 

It is a risk because if your demurrer is granted and on appeal by the other party it is reversed, you will loose the right to present your own evidence,.. too bad. However, the same is not true in criminal cases; you cannot appeal the order granting demurrer because it would result in double jeopardy.

 

But still, the risk is present. Here are the reasons. Under the Rules, you can file demurrer with or without leave of court. You will file demurrer purposely to expedite the proceedings so that your client will be assured of his constitutional right to speedy disposition of cases. If you will file motion for leave of court, that would take time to resolve, and in addition, assuming that the same would be granted, demurrer would also cost you another period. You are in effect risking your clients constitutional right.

So, if you are really sincere with the purpose of filing demurrer, you would file it right away to speed up your clients case and bypassed motion for leave of court. However, here, what you are placing at risk is the right to present evidence. That is why you should not resort to it unless you are sure.

[agentjackbauer]

Theoretically, you maybe correct toblerone. But not in actual practice.

 

First, let me clarify that I am talking about demurrer in criminal cases. Except for the risk of delay in case the demurrer is not granted, this strategy is relatively risk-free. No lawyer worth his salt will file a demurrer without leave of court, otherwise, like you said, he risks not being allowed to present his evidence once the demurrer is denied. The mere fact that leave to file a demurrer is denied should be an indication for a lawyer not to pursue the strategy. When a court allows a demurrer to be filed it is like saying 'hmm...tingnan natin, pag-isipan natin, baka pwede". Although it is not a sure thing, the chance to short circuit the entire process of presenting evidence for the accused is there. One should take this route if it is crystal clear (at least for the lawyer concerned, haha) that the evidence against the accused is not sufficient to establish his guilt beyond reasonable doubt.

 

As for your suggestion that if one is sincere in filing a demurrer, he should proceed to do so without asking for leave. I disagree. Although the motion for leave to file a demurrer may be filed separately from the demurrer itself, the suggested mode is to file a "Motion for Leave to File the Attached Demurrer". By doing so, you aid the court in deciding whether it should grant you leave since you are already attaching the vey demurrer you want the court to rule upon. In fact, you can secure the court's leave in a shorter way. After the prosecution rests its case in open court, you can manifest to the court that you intend to file a demurrer. Normally, after your manifestation, the court will grant you a period to file your demurrer. That is leave in itself because the court has allowed you to file a demurrer even without a "Motion for Leave to File a Demurrer". If you want to be clearer, you can top the manifestation and expressly move for a period to file a demurrer (yup, some courts do not observe the five-day rule). If the court grants you the period, that is also equivalent to leave of court.

 

Insofar as the order granting the demurrer not being appealable since it would result in double jeopardy, where is the risk there?Arent we talking about the strategy of the accused? So the fact that it is not subject to appeal IS a good thing for the accused.

[Guest k....]

dude, IE7 is still in stage 1 of beta testing.

stage 1 is beta testing for developers;

this means nasa technical evaluation palang.

 

kung gusto mo test, register ka sa MSDN.

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I found the IE7 installer from softpedia.com tho you wouldnt want to install it on a production machine; it's broken for the most part (sempre, technical beta nga eh) and as Windows is tied to IE in the most incomprehensible ways, it breaks other parts of the OS (windows update, being the most important)

 

the new organization of toolbar buttons is fugly theyre trying to make it look like the Vista IE, to a bad effect

 

speaking of which, sinong may DVD image ng Vista Beta 1?

[missmanners]

hey honorable lawyers, was wondering if someone can help me with a predicament...

 

what legal action can i take against an employer who i think fired me for the wrong reasons?

 

your quick replies will be appreciated! thanks much!