legal Free Legal Advice

[minicooper]

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.

[b_junzo]

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.

[oliverjohnholmes]

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...

[oliverjohnholmes]

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...

[wildswans]

 

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?

[oliverjohnholmes]

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?

<{POST_SNAPBACK}>

 

firstly, what is the scheduled hearing for? i would think for arraignment...you may have the option to have the matter reinvestigated but this would mean a little more time in detention...in reinvestigation, your friend may then include the circumstances of the unlawful arrest and the less serious injuries he sustained therefrom...

[wildswans]

 

firstly, what is the scheduled hearing for? i would think for arraignment...you may have the option to have the matter reinvestigated but this would mean a little more time in detention...in reinvestigation, your friend may then include the circumstances of the unlawful arrest and the less serious injuries he sustained therefrom...

<{POST_SNAPBACK}>

 

i think for arraignment na. they're hoping that the complainant won't show up coz the person didn't commit the crime...frame up lang.

 

thanks for the info.

[oliverjohnholmes]

i think for arraignment na. they're hoping that the complainant won't show up coz the person didn't commit the crime...frame up lang.

 

thanks for the info.

<{POST_SNAPBACK}>

 

whether the complainant shows up or not, arraignment would still prosper and the case would still be heard... the central character in the arraignment is the accused, and judicial process now takes over from the private complainant... as such, even if the complainant is not present, the presence of the public prosecutor (fiscal) suffices as representation for the plaintiff side... now, your friend's counsel may have two options available: a. move for reinvestigation and hopefully at reinvestigation, since you do say that complainant would not appearas it appears it is a 'frame-up", your friend's lawyer may move for default and/or have the case dismissed for failure to prosecute at the prosecutor's level at reinvestigation... Or b. at the arraignment, or anytime before that, have the private complainant issue an affidavit of desistance so that there would be no need for any further process...

 

the absence of the plaintiff would not ensure the dismissal of the case... what is imperative is the submission to the court with jurisdiction over the matter of either a pleading or act which shows withdrawal of the complaint by the private party...though the case may still prosper especially if the charge is a malum prohibita law but since you did say there is a private complainant, then maybe the case would just be a blemish on his record...

 

i hope this helps...

[jerk]

I'm not sure where to put this, Ok lang ba mag tayo ng business sa pinas kahit citizen ka na ng ibang bansa? puede rin ba mag may-ari ng lupa? any restrictions?

[hitomi]

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...

<{POST_SNAPBACK}>

 

hi, thanks again for the info, its a big help. chaka nalang ulit ako magtatanong para makapahinga muna kayo hehe :cool:

[bonito99]

bakit pare?

<{POST_SNAPBACK}>

 

Obviously, these petitioners have no clear legal right for such relief.

Re: petition ad cautelam for injunction and application for tro.

[council]

I'm not sure where to put this, Ok lang ba mag tayo ng business sa pinas kahit citizen ka na ng ibang bansa?

 

Are foreigners allowed to have 100% equity in a business?

 

Foreign investment laws in the Philippines have been liberalized substantially such that 100% equity is allowed in almost all areas of investment except those areas specified in the Foreign Investment Negative List (FINL), where foreign equity may be completely prohibited or limited to a specified percentage.

 

The Retail Trade Liberalization Act of 2000 allows foreign investors to go into retail business and own them 100% as long as they put up a minimum of US$ 7.5 million.

 

You can get a copy of the FINL at http://www.dti.gov.ph/contentment/7/11/files/5th_finl.doc

 

puede rin ba mag may-ari ng lupa? any restrictions?

<{POST_SNAPBACK}>

 

 

In the Philippines, only Filipinos can own land. HOWEVER, there are no restrictions when it comes to foreign ownership of condominiums or apartments. Foreigners receive a freehold deed of ownership, as any Filipino, when buying a condominium. If you decide to sell the unit at a later date, you are free to remit the money proceeds abroad without any restriction. There are also no restrictions in occupying or renting the unit.

 

 

Some foreigners married to Filipina attempt to circumvent the law by buying a house & lot in the name of their Filipina wife. A common problem that results from this is that if the wife dies ahead, the property cannot pass to the husband, as he is not a Filipino national. Similarly, it cannot pass to any of the children who may have foreign nationality. As such, the house & lot passes to the Filipino relatives of the wife’s family. HOWEVER, this is not a problem with condominiums as they can be passed on to Non-Filipino nationals.

 

 

In a related manner, Filipino couples working abroad, who have children who gain citizenship of another country, cannot pass on their house & lot in the Philippines to these children. They cannot inherit it because of being Non-Filipino nationals. Again, this is not a problem with condominiums, as they can be passed to Non-Filipino nationals.

[council]

I'm not sure where to put this, Ok lang ba mag tayo ng business sa pinas kahit citizen ka na ng ibang bansa?

 

Are foreigners allowed to have 100% equity in a business?

 

Foreign investment laws in the Philippines have been liberalized substantially such that 100% equity is allowed in almost all areas of investment except those areas specified in the Foreign Investment Negative List (FINL), where foreign equity may be completely prohibited or limited to a specified percentage.

 

The Retail Trade Liberalization Act of 2000 allows foreign investors to go into retail business and own them 100% as long as they put up a minimum of US$ 7.5 million.

 

You can get a copy of the FINL at http://www.dti.gov.ph/contentment/7/11/files/5th_finl.doc

 

puede rin ba mag may-ari ng lupa? any restrictions?

<{POST_SNAPBACK}>

 

 

In the Philippines, only Filipinos can own land. HOWEVER, there are no restrictions when it comes to foreign ownership of condominiums or apartments. Foreigners receive a freehold deed of ownership, as any Filipino, when buying a condominium. If you decide to sell the unit at a later date, you are free to remit the money proceeds abroad without any restriction. There are also no restrictions in occupying or renting the unit.

 

 

Some foreigners married to Filipina attempt to circumvent the law by buying a house & lot in the name of their Filipina wife. A common problem that results from this is that if the wife dies ahead, the property cannot pass to the husband, as he is not a Filipino national. Similarly, it cannot pass to any of the children who may have foreign nationality. As such, the house & lot passes to the Filipino relatives of the wife’s family. HOWEVER, this is not a problem with condominiums as they can be passed on to Non-Filipino nationals.

 

 

In a related manner, Filipino couples working abroad, who have children who gain citizenship of another country, cannot pass on their house & lot in the Philippines to these children. They cannot inherit it because of being Non-Filipino nationals. Again, this is not a problem with condominiums, as they can be passed to Non-Filipino nationals.

[council]

I'm not sure where to put this, Ok lang ba mag tayo ng business sa pinas kahit citizen ka na ng ibang bansa?

 

Are foreigners allowed to have 100% equity in a business?

 

Foreign investment laws in the Philippines have been liberalized substantially such that 100% equity is allowed in almost all areas of investment except those areas specified in the Foreign Investment Negative List (FINL), where foreign equity may be completely prohibited or limited to a specified percentage.

 

The Retail Trade Liberalization Act of 2000 allows foreign investors to go into retail business and own them 100% as long as they put up a minimum of US$ 7.5 million.

 

You can get a copy of the FINL at http://www.dti.gov.ph/contentment/7/11/files/5th_finl.doc

 

puede rin ba mag may-ari ng lupa? any restrictions?

<{POST_SNAPBACK}>

 

 

In the Philippines, only Filipinos can own land. HOWEVER, there are no restrictions when it comes to foreign ownership of condominiums or apartments. Foreigners receive a freehold deed of ownership, as any Filipino, when buying a condominium. If you decide to sell the unit at a later date, you are free to remit the money proceeds abroad without any restriction. There are also no restrictions in occupying or renting the unit.

 

 

Some foreigners married to Filipina attempt to circumvent the law by buying a house & lot in the name of their Filipina wife. A common problem that results from this is that if the wife dies ahead, the property cannot pass to the husband, as he is not a Filipino national. Similarly, it cannot pass to any of the children who may have foreign nationality. As such, the house & lot passes to the Filipino relatives of the wife’s family. HOWEVER, this is not a problem with condominiums as they can be passed on to Non-Filipino nationals.

 

 

In a related manner, Filipino couples working abroad, who have children who gain citizenship of another country, cannot pass on their house & lot in the Philippines to these children. They cannot inherit it because of being Non-Filipino nationals. Again, this is not a problem with condominiums, as they can be passed to Non-Filipino nationals.

[council]

sorry po sa multiple post, nag-error kse dito sa pc ko and ndi nag-reflect ung unang post until recently.

 

apologies po.

 

would delete the extra posts if i could...