il_jr Posted November 3, 2005 Share Posted November 3, 2005 Yup, the folders are still there, but can't access. Me and my wife are administrator, and both of our old folders are "access denied". Any more suggestions, please. TY<{POST_SNAPBACK}> Ok I think you're problem is that you've enabled encrypting file systems on your data and by the looks of it you haven't saved your security key credentials. Another problem is that you have backed up your "data files" only and reformatted your drive. I'm sorry to tell you that it's almost impossible to recover your files due to loss of Encrypting File System (native to NTFS) keys. However you may try to run this tool Advanced EFS Recovery and see if you can still recover your data. Best regards Quote Link to comment
oliverjohnholmes Posted November 3, 2005 Share Posted November 3, 2005 Since you seem bent on being technical about it, you might have forgotten to remind him that he needs to have his complaint verified. <{POST_SNAPBACK}> yeah i did forget that...thanks for the pointer... always for the ends of justice right? Quote Link to comment
fauxhead Posted November 3, 2005 Share Posted November 3, 2005 Question lang po... Pag nagresign ba ang 3 out of 5 incorporators, ano po ba ang magiging effect nito sa company and ano ang pwedeng proceso para mapalitan ito ng hindi maapektuhan ang operation ng company?<{POST_SNAPBACK}> You must have meant directors. The incorporators are only required for registration. They can even sell their interests after incorporation. As incorporators, they cannot resign as such. In fact, the section containing the name of the incorporators is one of the provisions in the registration certificate that cannot be amended. Usually, incorporators are also appointed as the initial directors. In such a case, their resignation should be covered by the provisions of the corporation's by-laws. Quote Link to comment
R@v3n Posted November 3, 2005 Share Posted November 3, 2005 Yup, the folders are still there, but can't access. Me and my wife are administrator, and both of our old folders are "access denied". Any more suggestions, please. TY<{POST_SNAPBACK}> Let me guess...you formatted your computer and said yes to the dialog when you assigned passwords that you would like to keep your documents private... Ok I think you're problem is that you've enabled encrypting file systems on your data and by the looks of it you haven't saved your security key credentials. Another problem is that you have backed up your "data files" only and reformatted your drive. I'm sorry to tell you that it's almost impossible to recover your files due to loss of Encrypting File System (native to NTFS) keys. However you may try to run this tool Advanced EFS Recovery and see if you can still recover your data. Best regards<{POST_SNAPBACK}> I agree...it's next to impossible to recover your data... Quote Link to comment
redax Posted November 3, 2005 Share Posted November 3, 2005 For the information of those who inquired about having problems paying their credit car companies, I heard today in UNTV's Batas Mauricio program that there is a law prohibiting those with credit card obligations from concealing their wheareabouts or evading calls from collectors of these credit card companies. According to them violators could face up to 8 years imprisonment. It would be better for you to suffer the agony of abusive collectors than face prosecution under this law. It could also be the reason why collectors are abusive, to cause you to violate this law without you knowing about it. Easier to collect if debtors know they could face imprisonment. Quote Link to comment
serious Posted November 4, 2005 Share Posted November 4, 2005 Hello To All MTC Lawyers and MTC Under Bar Law Graduates, Good Day! I am looking for (2) Lawyers or Under Bar Law Graduates who want to work as a part time tutor for Law Student. Compensation Package are very competitive. For interested applicants kindly email me your resume at serious_migs@yahoo.com Thank You very much! -serious Quote Link to comment
MODERATOR bonito99 Posted November 4, 2005 MODERATOR Share Posted November 4, 2005 POP QUIZ: what can you say about AD CAUTELAM petitions? Quote Link to comment
lastikboy Posted November 5, 2005 Share Posted November 5, 2005 Maraming Salamat sa lahat nag bigay ng mga tips. Quote Link to comment
genro Posted November 5, 2005 Share Posted November 5, 2005 Hi MTC Lawyers! i have a question.. i have this friend who works in a certain company. he signed a 2-month training contract with the company. after 2 months of training, he continued to work for two months more but still receives training allowances because no contract renewal has been issued yet. when the renewal had been issued, he started receiving the regular pay but all his training allowances from the previous two months have been deducted to his pay. this happened to him and to seven other people on his batch. can they file a law suite? what are the grounds? what are their chances of winning the case? your help will be extremely appreciated. thanks! Quote Link to comment
agentjackbauer Posted November 6, 2005 Share Posted November 6, 2005 POP QUIZ: what can you say about AD CAUTELAM petitions?<{POST_SNAPBACK}> About what in particular panero? People in our firm dont hesitate using the phrase "ad cautelam" when necessary. I personally dont mind using it. Just to be on the safe side. (And that is exactly what it means: ad cautelam= for safety's sake or to be on the safe side or "ex abundanti cautela" = abundant caution). Quote Link to comment
minicooper Posted November 6, 2005 Share Posted November 6, 2005 any query about legal problems...? wag kang mahiya.. free legal advise ni Butsoy...<{POST_SNAPBACK}> hi, approve na ba ang dual citizenship sa philippines? if yes where can i obtain a hard copy? does it cover the all countries or may specific countries lang? lyk USA CANADA AUSTRALIA TAIWAN CHINA and etc.....pls specify and be specific. thanks Quote Link to comment
council Posted November 6, 2005 Share Posted November 6, 2005 hi, approve na ba ang dual citizenship sa philippines? if yes where can i obtain a hard copy? does it cover the all countries or may specific countries lang? lyk USA CANADA AUSTRALIA TAIWAN CHINA and etc.....pls specify and be specific. thanks<{POST_SNAPBACK}> http://www.gov.ph/faqs/dualcitizenship.asp Dual Citizenship: Downloads With President Arroyo's signing of the Dual Citizenship bill, Citizenship Retention and Re-acquisition Act of 2003 (Republic Act No. 9225), Filipinos the world over can once again re-acquire their Philippine citizenship. Check out the Implementing Rules and Regulations for R.A. 9225 Frequently Asked Questions What is Republic Act No. 9225? Republic Act No. 9225 is an Act making the citizenship of Filipinos who acquire foreign citizenship permanent, amendin for the purpose Commonwealth Act No. 63. RA 9225, which took effect on 17 September 2003, declares that former natural-born Filipino citizens who acquired foreign citizenship through naturalisation are deemed not to have lost their Philippine citizenship under conditions provided in the Act. There former Filipinos can re-acquire/retain their Philippine citizenship by taking the oath of allegiance to the Republic of the Philippines. Who is a natural-born Filipino citizens? Under the Philippine Constitution, a natural-born citizen is a person born of one or both parents who are Filipino citizens at the time of birth. Does the law RA 9225 apply to dual citizens? RA 9225 does not apply to dual citizens, ie, those who have both Philippine citizenship as well as foreign citizenship not acquired through naturalisation. A child born of parents who are both Filipino citizens (at the time of birth) in a country that adheres to the jus soli principle (eg, the United States) is a dual citizen. The child, who is a natural-born Filipino because the Philippines adheres to the jus sanginis principle, is also entitled to apply for a US passport. Jus soli (right of soil) is the legal principle that a person's nationality at birth is determined by the place of birth (ie, the territory of a given state). Jus sanguinis (right of blood) is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s. A chld born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg, Australian) whose country adheres to the jus sanguinis principle is a dual citizen and is entitled to apply for both Philippine and Australian passports. A child born of one parent who is a Filipino citizen (at the time of birth) and of one foreign parent (eg, Australian) whose country adheres to the jus sanguinis principle in a country that adheres to the jus soli principle (eg, US) would be entitled to apply for Philippine, Australian and US passports. How do i prove that I am a natural-born Filipino? A former natural-born citizen, who was born in the Philippines, shall submit the NSO-authenticated copy of his or her birth certificate. A former natural-born citizen, who was born abroad, shall present a copy of the Report of Birth issued by the Philippine Embassy or Consulate and, in applicable cases, the original copy of the Birth Certificate by competent foreign authorities. What is the procedure in applying and what documents are required in order to apply? Applicant shall present a copy of his/her Birth Certificate issued or duly-authenticated by the National Statistics Office (NSO) in Manila. (Note: applicants can request for an authenticated birth certificate from the National Statistics Office on-line through the following website: www.ecensus.com.ph) In case of no records found, applicant must present a Certificate of Non-Availability of Birth Record from the NSO and other secondary documentary proof of being a former natural-born Filipino citizen (e.g. old Philippine passport, baptismal certificate, marriage certificate of applicant’s parents) Applicant accomplishes form entitled “Petition for Dual Citizenship and Issuance of Identification Certificate (IC) pursuant to RA 9225” and attaches three (3) 2”x2” photographs showing the front, left side and right side views of the applicant. Applicant submits duly-accomplished petition to the Philippine Consulate / Embassy together with the photos, birth certificate and a valid ID. (Note: applicants who are married and who wish to use their married names must submit a copy of their marriage certificate). Applicant pays a processing fee of US$ 50.00 and is assigned a schedule for his/her oath of allegiance before a consular officer. Applicant takes his/her oath. Applicant is given the original copy of his notarized oath of allegiance together with an Order of Approval issued by the Philippine Consulate General. The Philippine Consulate General forwards to the Bureau of Immigration in Manila the petition, oath, order of approval, and other supporting documents for issuance of an Identification Certificate. The Bureau of Immigration issues an Identification Certificate (IC) and forwards it to the applicant through the Philippine Consulate General. What is the implementing agency of RA 9225? Administrative Order No. 91, Section 1 designates the Bureau of Immigration (BI), in consultation with the Department of Foreign Affairs (DFA), Department of Justice (DOJ), Office of the Civil Registrar-General of the National Statistics Office (NSO), as the implementing agency of RA 9225 Where do I apply for re-acquisition of Philippine Citizenship if I am in the Philippines? A former natural-born Filipino citizen who is already in the Philippines and registered in the Bureau of Immigration shall file a petition under oath to the Commissioner of Immigration for the cancellation of the Alien Certicate of Registration (ACR) and issuance of an Identification Certificate (IC) as the case may be, under RA 9225. A former natural-born citizen who is already in the Philippines but has not registered with the BI within 60 days from date of arrival shall file a petition under oath to the Commissioner of Immigration for the issuance of an IC under RA 9225. Where do I apply for re-acquisition of Philippine Citizenship if I am overseas? A former natural-born citizen who is abroad but is a BI-registered alien shall file a petition under oath to the nearest Philippine Embassy or Consulate for evaluation. Thereafter, the Embassy or Consulate shall forward the entire records to the Commissioner of Immigration for the cancellation of the ACR and issuance of an IC under RA 9225. A former natural-born citizen who is abroad and is not a BI-registered alien shall file a petition under oath to the nearest Philippine Embassy or Consulate for the issuance of an IC under RA 9225. What is the Oath of Allegiance? The Oath of Allegiance is the final act that confers Philippine citizenship. It reads as follows: "I,________________, solemnly swear that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and local orders promulgated by the duly constituted authorities of the Philippines, and I hereby declare that I recognise and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto, and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion." Can the conferment of Philippine citizenship be revoked? The conferment of Philippine citizenship under the IRR shall no longer be subject to the affirmation by the Secretary of Justice. However, Philippine citizenship may be revoked by competent authority upon a substantive finding of fraud, misrepresentation or concealment on the part of the applicant. Can my foreign spouse also become a Filipino citizen under RA 9225? No, the law does not apply to the foreign spouse. He/she has the following option if he/she wishes to reside permanently in the Philippines: (a) apply for naturalisation; ( apply for a permanent resident visa. Can my children (minor or aged 18 years old or over) also acquire Philippine citizenship under RA 9225? According to Section 4 of RA 9225 (Derivative Citizenship), the unmarried child, whether legitimate, illegitimate or adopted, below eighten (18) years of age, of those who re-acquire Philippine citizenship under this Act shall be deemed citizens of the Philippines. A married child, although a minor, cannot therefore be included in the petition of his/her parent. Children 18 years old and over do not qualify to acquire Philippine citizenship under RA 9225. They have the same options that are open to the foreign spouse. What is the procedure for derivative acquisition of Philippine citizenship? The petition under oath has the option to list the names and details of any minor, unmarried children. The applicant should include a copy of the Report of Birth and the original copy of Record of Birth for each minor child. The Embassy will clarify from Bureau of Immigration the exact procedure in case of the minor children and whether the BI will issue to them a Certificate of Identification. After I have re-acquired Philippine citizenship, can I apply for a Philippine passport? Yes, and so can the minor children who are deemed to have acquired Philippine citizenship under RA 9225. You would need to comply with the requirements for first-time passport applicants. What rights and privileges will dual citizens enjoy? Those who retain or reacquire their Philippine Citizenship under RA 9225 shall enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the Philippines and the following conditions: Those intending to exercise their right of suffrage must meet the requirements under Section 1, Article V of the Constitution, Republic Act No. 9189, otherwise known as “The Overseas Absentee Voting Act 0f 2003” and other existing laws. Under the Act, the right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who are candidates for or are occupying any public office in the country of which they are naturalized citizens and/or those who are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens. Those seeking elective public office in the Philippines shall meet the qualifications for holding such public office as required by the Constitution and existing laws and, at the time of filing of the certificate of candidacy, make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath. Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office: Provided, That they renounce their oath of allegiance to the country where they took that oath; Can I now acquire land and other properties or engage in business? As provided for under the 1987 Philippine Constitution, a Filipino citizen is entitled to purchase land and other properties and engage in business. There is no limit in terms of area or size of land or real property he/she could acquire/purchase under his/her name. This right would now apply to former natural-born Filipinos who have re-acquired Philippine citizenship under RA 9225. Can I now reside in the Philippines without having to apply for entry visa? Former natural born Filipinos who have re-acquired Philippine citizenship may now reside in the Philippines continuously without having to apply for entry visa. If the foreign spouse and/or child wish to also reside permanently in the Philippines, they may opt to apply for naturalisation as a Filipino citizen or apply for a permanent resident visa. If he/she does not wish to reside permanent in the Philippines, he/she could visit the country as a Balikbayan (refers to a Filipino citizen who is out of the country continuously for at least one year). The foreign spouse or child may enter the country and stay for up to a year visa-free provided the spouse or child is accompanying or travelling with the Balikbayan when the Balikbayan goes home to the Philippines. As a dual citizen, how long can I stay in the Philippines? Having reacquired your citizenship, you can stay in the Philippines for as long as you want without having to pay an immigration fees. You can even choose to retire or permanently settle back in the Philippines. As a Filipino citizen, you are subject to duties and other obligations imposed on other ordinary Filipinos, such as paying the necessary community tax residence and other tax liabilities in accordance with the tax laws of the Philippines. Will I now be required to pay income tax and other taxes? Am I exempt from paying the travel tax? In accordance with existing laws, income earned in the Philippines is subject to the payment of tax. Filipinos who re-acquire citizenship and opt to reside and work in the Philippines will pay the income tax due at the end of each fiscal year. They are also subject to other obligations and liabilities, such as the community tax and residence tax. Countries routinely forge bilateral agreements in order that their respective citizens who earn income overseas do not pay income tax twice. Filipinos who have re-acquired citizenship, as long as they reside permanently overseas, also enjoy the travel tax exemption extended to Filipino citizens permanently residing in other countries, the OFWs and their dependents. As a dual citizen, am I allowed to practice my profession in the Philippines (e.g. doctor) ? Under the law, those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to engage in such practice. If I need to get more details on the rules and procedures for the implementation of RA 9225, which government office do I contact in the Philippines? Under Administrative Order No. 92 Series of 2004 dated 12 January 2004, the Bureau of Immigration has been designated as the government agency in charge of formulating the rules and procedures for the implementation of Republic Act No. 9225. The contact details of Immigration Commissioner Alipio F. Fernandez are as follows: Office of the COmmisioner, Bureau of Immigration, Magallanes Drive, Intramuros, Manila, Philippines. (Tel. No. (63)2 527-3265 / Fax No. (63-2) 527-3279) Click here for more FAQs regarding Dual Citizenship Click here to download R.A. 9225.Click here to download R.A. 9225 IRR. --------------------------------------------------------------------------------For your info: ACR - Alien Certificate of Registration http://www.immigration.gov.ph/acr-icard.phpCI- Identification CertificateBI - Bureau of Immigration http://www.immigration.gov.phDOJ - Department of Justice http://www.doj.gov.ph NSO - National Statistics Office http://www.census.gov.ph Quote Link to comment
MODERATOR bonito99 Posted November 7, 2005 MODERATOR Share Posted November 7, 2005 (edited) Agentjack: yup! for safety's sake. But we have not found any use for it yet. Like petitions for injunction Ad Cautelam. Edited November 7, 2005 by bonito99 Quote Link to comment
agentjackbauer Posted November 7, 2005 Share Posted November 7, 2005 bonito, I have never filed a petition for injunction ad cautelam. karamihan mga answer ad cautelam. Quote Link to comment
hitomi Posted November 8, 2005 Share Posted November 8, 2005 hi lawyers! i have a question: i think its illegal to buy a lot that a bank is holding as collateral without the bank's permission. am i right? where and what law can i find it in? i need to show a hard copy to a friend. or if someone here would be so very kind enough to quote from it verbatim, that would be a great help too. :mtc: Quote Link to comment
fauxhead Posted November 8, 2005 Share Posted November 8, 2005 hi lawyers! i have a question: i think its illegal to buy a lot that a bank is holding as collateral without the bank's permission. am i right? where and what law can i find it in? i need to show a hard copy to a friend. or if someone here would be so very kind enough to quote from it verbatim, that would be a great help too. :mtc: <{POST_SNAPBACK}> You're wrong. In fact, Art. 2130 of the Civil Code states that "A stipulation forbidding the owner from alienating the immovable mortgaged shall be void." A mortgage cannot deprive the owner of his rights over the property, to include his right to alienate or dispose of it. Even if the land is sold, the mortgage remains and continues to be attached to the property. In case the original debt will remain unpaid, the creditor can go after the land to satisfy such,whoever might be in possession of the said property. Quote Link to comment
wildswans Posted November 8, 2005 Share Posted November 8, 2005 good day to all! i have a question. if a person has a pending court case and is now detained, can he file a counter-suit/counter charge on the complainant at the same time? or should he wait for his case to finish before filing a counter charge? Quote Link to comment
MODERATOR bonito99 Posted November 8, 2005 MODERATOR Share Posted November 8, 2005 bonito, I have never filed a petition for injunction ad cautelam. karamihan mga answer ad cautelam.<{POST_SNAPBACK}> Precisely! I found this pleading funny. Quote Link to comment
agentjackbauer Posted November 8, 2005 Share Posted November 8, 2005 bakit pare? Quote Link to comment
hitomi Posted November 8, 2005 Share Posted November 8, 2005 You're wrong. In fact, Art. 2130 of the Civil Code states that "A stipulation forbidding the owner from alienating the immovable mortgaged shall be void." A mortgage cannot deprive the owner of his rights over the property, to include his right to alienate or dispose of it. Even if the land is sold, the mortgage remains and continues to be attached to the property. In case the original debt will remain unpaid, the creditor can go after the land to satisfy such,whoever might be in possession of the said property.<{POST_SNAPBACK}> wow thanks! i was totally off then! so to clarify, a land owner can sell his property even if that said property is currently held by a bank as collateral for a loan. tama ba? what safeguards can a buyer of this kind of property undertake? galing talaga ng mga MTC lawyers! :cool: :mtc: Quote Link to comment
minicooper Posted November 8, 2005 Share Posted November 8, 2005 thanks council for the quick reply abt the dual citizenship. but there's a bitin. it doesn't cover hw to use the 2passport a dual citizen is holding. how to use it? if the later return to the philippines via filipino passport then tapos na ba poblema nya. ok lang ba kung newly issued by the philippines consular office coz nagexpired na ang passport na ginamit ng later to go out the country? thanks for the bother in advance. Quote Link to comment
b_junzo Posted November 8, 2005 Share Posted November 8, 2005 ask lang ako if anyone knows how to use yung oxygen phone manager nagkakaproblems kasi ako hindi ko maccess ang na backup ko nung gamit ko yung pc suit ng nokia. Quote Link to comment
oliverjohnholmes Posted November 9, 2005 Share Posted November 9, 2005 wow thanks! i was totally off then! so to clarify, a land owner can sell his property even if that said property is currently held by a bank as collateral for a loan. tama ba? what safeguards can a buyer of this kind of property undertake? galing talaga ng mga MTC lawyers! :cool: :mtc:<{POST_SNAPBACK}>the rule of thumb is caveat emptor which roughly translated is buyer beware... if one totally relies on the representations of the buyer, and if the promises are too good to be true, then most often the transaction isn't true to its promises...so a simple investigation with the Register of Deeds where the property is located (usually the office is in the munisipyo of the town or city where the property is) to determine basic things: ownership, location and annotation...ownership determines if the seller is the owner or has certain rights vested upon him/her to sell the land...these rights maybe as an agent or co-owner of the property...if the named owner of the property is different from the seller and the seller fails to substantiate his/her authority, then that fact should put you on the defensive...secondly, location...see if the TCT No of what is being sold you is of the same dimension, and location as the one in the RD's files...many a time, a photocopied TCT of a particular land for sale dupes when after payment and re-titling the buyer finds out that the supposed land sold is of a different size or location...thirdly, annotation is the fact that any encumbrance (or obligation) attaches to the land...this includes a mortgage...the annotation is a written description of the obligation at the back of the title ( lien and/or encumbrance)...banks usually have properties for collaterals annotated...now by seeing the RD copy, one can determine the risk one undertakes in buying mortgaged property...by investigating with the mortgagor (which usually is a bank) one can determine if the owner/seller is in default or is in good standing as to his mortgage...by doing such investigation, the buyer can determine if what he buys doesn't eventually fall from the weight of the mortgage on the property...thus avoid losing all the money paid and the property purchased or the assumption of a loan which may or may not have been fully explained to the seller... as far as i can read, now is a buyer's market, it would be safer on the investment aspect to purchase properties free from any lien or encumbrance...just my two cents... Quote Link to comment
oliverjohnholmes Posted November 9, 2005 Share Posted November 9, 2005 good day to all! i have a question. if a person has a pending court case and is now detained, can he file a counter-suit/counter charge on the complainant at the same time? or should he wait for his case to finish before filing a counter charge?<{POST_SNAPBACK}> i would presume that your question pertains to criminal proceedings...there are a lot of factors to consider in the filing of a countersuit/countercharge... firstly is the occassion of the act to be complained of...was it at the same time as the criminal act which is the cause of the detention...if yes, then one can allege the same in the answer to the complaint...disposition of the same can be made simultaneously or sequentially, if the matter is prejudicial to the original criminal complaint...if it is for a totally different matter, completely unrelated to the detention charge, a separate complaint would be the proper order so as not to be confusing...secondly, venue and juirisdiction over the matter and the persons also have to be considered...thirdly, determine if the same has merit and has probable cause or may be just a suit to get back at the original complainant... i hope i still remember procedure right...just my two cents... Quote Link to comment
wildswans Posted November 9, 2005 Share Posted November 9, 2005 i would presume that your question pertains to criminal proceedings...there are a lot of factors to consider in the filing of a countersuit/countercharge... firstly is the occassion of the act to be complained of...was it at the same time as the criminal act which is the cause of the detention...if yes, then one can allege the same in the answer to the complaint...disposition of the same can be made simultaneously or sequentially, if the matter is prejudicial to the original criminal complaint...if it is for a totally different matter, completely unrelated to the detention charge, a separate complaint would be the proper order so as not to be confusing...secondly, venue and juirisdiction over the matter and the persons also have to be considered...thirdly, determine if the same has merit and has probable cause or may be just a suit to get back at the original complainant... i hope i still remember procedure right...just my two cents...<{POST_SNAPBACK}> let's say a person was charge with a crime he didn't do. the complainant, together with some cops arrived as this person's place and arrested him without a warrant while the complainant punch the person and the person's buddy. the person had undergo medical examination on his wound. the person is detained right now waiting for the scheduled court hearing. can he file a law suit against the complainant who punched him at the same time his case is still active? Quote Link to comment
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