legal Free Legal Advice

[rocco69]

Ang sinasabi ng "parol evidence rule" hindi mo puwedeng ibahin o dagdagan yung nakasulat sa kontrata sa pamamagitan ng testimonya ng testigo (kasi nga yung terms ng kontrata yung nakasulat lang dun mismo sa kontrata).

 

Hindi naman sinabi sa problem na yung pagprisinta ng testigo ni B ay upang ibahin ang terms ng deed of sale kay B. Therefore, hindi ang parol evidence rule ang applicable. What should be applicable is the "best evidence rule." Bago makapagtestigo yung witnesses ni B tungkol sa deed of sale, kailangan munang ipakita ni B na nawawala yung original deed of sale. Kung walang ebidensya na nawawala nga ito, hindi siya makakapagprisinta ng testigo kasi nga ang pinakamagandang ebidensya ng purchase ni B ay ang deed of sale itself.

 

Kaya, ang conclusion should be that B cannot present witnesses to prove the sale without first proving that the original deed of sale has been lost or destroyed (Sec. 3, Rule 130)

 

Likewise, yung 1358 hindi applicable kasi ito ay merely for the convenience of the parties (the parties can compel the other party to put it in a public instrument but it is not necessary for the validity of the contract), the general rule being that contracts are valid whatever form they are in (see 1356, Civil Code). Baka ang ibig mong sabihin unenforceable contract ito (see 1403[2e]), kaya lang di rin ito applicable kasi it seems that the seller has received benefits under the contract kaya di na siya unenforceable.

 

 

Is this an excerpt from an exam on evidence?

 

In land registration cases, tax declarations are considered indicia of ownership. However, as an evidence to prove that he bought it, it is immaterial. It does prove that indeed he bought it.

 

On the other hand, the testimony of witnesses that B bought is should be inadmissible under the "parole evidence rule." Section 9 Rule 130, Rules of Court  states that when the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.

 

If B wanted to prove that he bought it, such disposition must comply with:

 

Art. 1358. The following must appear in a public document:

 

(1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein a governed by Articles 1403, No. 2, and 1405;

 

(2) xxx

(3) xxx

(4) xxx

Therefore, B cannot introduce secondary evidence (the testimonies) to prove the sale because the law requires that such disposition be made in a public document.

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[blitzz127]

tnx sir, pero yung USB cable for external drive may extra port for "power" bale yung dulo 2 usb port (1 for data, the other for extra power), tapos usb 2.0 din yung ports, kahit ikabit ko yung dalawang port sa usb port ng motherboard/pci board, no effect, ganun pa din problema (

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i see.... meron din ako n ganyan pero ndi k n ginagamit yung sa external power kasi kaya nmn ng direct connection from USB. malamang nga my problema yung USB port mo....

[Kurtsky Keigee]

it could be that your psu is having some problems with your rig Ilang watts psu mo?

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350

[fauxhead]

The "best evidence rule" presupposes that there is a document. Nothing in the problem says that there was a deed of sale executed between the buyer and the seller. In effect, the buyer is trying to prove the sale through secondary evidence by proving there was such a contract even without a deed of sale or some other document proving such.

 

As such, I maintain that 1358 is applicable. You failed to mention the next two sentences to to 1356. "However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is absolute and indispensable. In such cases, the right of the parties stated in the following article cannot be exercised."

 

In that respect, Article 1358 cannot be more clear when it required that dispositions of real property be recorded in a public document. Uneforceable contracts are ratified if oral evidence is introduced without objection or the seller received the benefits. In the first exception, the testimonies were objected to. Second, there is no showing that the seller has received the benefits under the contract. It has not even been shown from whom the buyer bought it from. Perfection of a contract of sale presupposes transfer and delivery. No delivery, no perfection. The importance of a public instrument lies in in the fact that it is equivalent to delivery of the thing sold.

 

Remember that the buyer is trying to prove that there was a perfected contract of sale as to entitle him to registration of the land. It would have been different if he was merely trying to obligate the other person to observe the terms of the contract.

 

Likewise, yung 1358 hindi applicable kasi ito ay merely for the convenience of the parties (the parties can compel the other party to put it in a public instrument but it is not necessary for the validity of the contract), the general rule being that contracts are valid whatever form they are in (see 1356, Civil Code).  Baka ang ibig mong sabihin unenforceable contract ito (see 1403[2e]), kaya lang di rin ito applicable kasi it seems that the seller has received benefits under the contract kaya di na siya unenforceable.

 

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Would the phrase "terms of the agreement" include the question whether it is a sale, a mortgage, or a lease?

 

Ang sinasabi ng "parol evidence rule" hindi mo puwedeng ibahin o dagdagan yung nakasulat sa kontrata sa pamamagitan ng testimonya ng testigo (kasi nga yung terms ng kontrata yung nakasulat lang dun mismo sa kontrata).

 

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After proving that the original deed of sale has been destroyed, he cannot go straight to the testimonies. The original document being a public intrument, he must be able to justify not being able to produce a copy or a recital of the contents in some authentic domument, before introducing oral evidence following the "secondary evidence rule."

 

 

Kaya, ang conclusion should be that B cannot present witnesses to prove the sale without first proving that the original deed of sale has been lost or destroyed (Sec. 3, Rule 130)

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[Kurtsky Keigee]

I have some probelms regarding DVD Authoring I was hoping someone here could help me..

I Would like to do the FF

 

Make a DVD Video that has menus and a startup screen//title screen using 10 Home made Videos in Xvid & MPEG Format

Can someone instruct me step by step, software needed etc?

Thanks

[Kurtsky Keigee]

thanks

[jackl]

zonal valuation na ang gamit nila sa No. 2

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Actually, in determining the tax base for capital gains tax liability, BIR will apply the highest among the three below:

 

1. contract price

2. fair market value as determined by BIR (zonal value)

3. fair market value as declared by the land owner (tax declaration value)

 

The third is the reason why BIR requires the submission of the latest tax declaration. While generally # 3 is the lowest, there are some Metro Manila cities e.g. Makati and Manila which has FMVs higher than zonal valuation.

[doctor_ni_tequila]

mga bossing patulong naman......

im using ang internet explorer...

pag nag oopen ako ng mga porn site biglang nga close yung window...

ano kaya ang problem dito at ano ang magandang sulution?

[tripmate]

mga bossing  patulong naman......

im using ang internet explorer...

pag nag oopen ako ng mga porn site biglang nga close yung window...

ano kaya ang problem dito at ano ang magandang sulution?

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baka naman may filter yung internet security mo(kung meron ka man nun) or baka infected by spyware..... try running scan. kung ayaw try mo reinstall ie or best way siguro ay gumamit ka ng ibang browser(mozilla) :cool:

 

honga pala, sa isang site lng ba nangyayari 2?? or sa lahat ng site na pntahan mo??

[tripmate]

hahaha.... baka dahil sa mga popups nag hahang browser mo kaya nag coclose. gamit ka ng opera or firefox, maganda security non. lam mo naman sa mga adult sites nilalagay usually mga adware at spyware. baka nadale ka na.

 

hintay nyo na lang baka mag bigay ako ng mga password ng mga adult site na malinis sa adware, worms, and spyware hehehehe

 

sa outsourcing na gumagawa ng adult site ako nag wowork eh hehehhe :thumbsupsmiley:  :cool: 

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wow!! :boo: ibig mong sabihin kaw yung nagawa ng site nila!! :cool: luffet..... sige well expect your passes...... :evil: :evil: :evil:

[Wolf]

Good news para sa mayayamang Pinoy na ayaw na sa asawa!

I don't agree with the decision but it's the Supreme Court speaking.

 

 

Republic v Orbecido

GR No. 154380

October 5, 2005

Edited February 21, 2006 by Wolf

[doctor_ni_tequila]

hahaha.... baka dahil sa mga popups nag hahang browser mo kaya nag coclose. gamit ka ng opera or firefox, maganda security non. lam mo naman sa mga adult sites nilalagay usually mga adware at spyware. baka nadale ka na.

 

hintay nyo na lang baka mag bigay ako ng mga password ng mga adult site na malinis sa adware, worms, and spyware hehehehe

 

sa outsourcing na gumagawa ng adult site ako nag wowork eh hehehhe :thumbsupsmiley:  :cool: 

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ganun ba yun bossing.....

maraming salamat po.....

mayrun ka din bang pang linis ng adware at spyware....

 

bossing, may pang agawa ka ba ng signal ng wifi?

nakakasagap me kasi ng libreng wifi sa amin eh...

kailanagn ko mag boost up ng signal.....

[tripmate]

nope... di ako ang nag dedesign... nag eedit ako ng adult videos hehehe

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waaaaaaahhhhhhhhh............. :boo: baka naman meron kana dyan bro.... :evil: pm mo nalang sa amon yung site and pass.... :cool: :evil:

 

 

 

anyways, anyone here knows what's the difference between the agp slot video card from pci-express.... :unsure:

[cheesekeso2004]

to add, SLI mode can now handle 16-16 w/ newer motherboards, compared to the previous 8-8 And there's word that a new AGP version is to be release to be equal or faster than PCI-E 16x

 

Oh yeah, AGP also comsumes more power compared to PCI-E

[Dr. House]

san ba location mo? laptop gamit mo? dun sa signal detector ilang bars lumalabas? usually may name din nung connection lalabas dun sa signal detector application. either generic lang or minsan linksys pa minsan.

 

kasi nung minsan na daldaldal ko laptop ko sa may coffee shop samin sa caloocan mahina lang din signal pero napasok ko, yun pala network ng KFC at syempre may internet kaya nagka free internet usage ako hehehe

sige pm ko sayo pero lumang client ko to eh ito eh test account namin to di ko lang sure kung downloadable parin videos.

 

difference between agp and pci-e naman eh sobrang lake speed comparison wise.

 

PCI 132 MB/s

AGP 8X 2,100 MB/s

PCI Express 1x 250 [500]* MB/s

PCI Express 2x 500 [1000]* MB/s

PCI Express 4x 1000 [2000]* MB/s

PCI Express 8x 2000 [4000]* MB/s

PCI Express 16x 4000 [8000]* MB/s

PCI Express 32x 8000 [16000]* MB/s

IDE (ATA100) 100 MB/s

IDE (ATA133) 133 MB/s

SATA 150 MB/s

Gigabit Ethernet 125 MB/s

IEEE1394B [firewire] 100 MB/s

Since PCI Express is a serial based technology, data can be sent over the bus in two directions at once. Normal PCI is Parallel, and as such all data goes in one direction around the loop. Each 1x lane in PCI Express can transmit in both directions at once. In the table the first number is the bandwidth in one direction and the second number is the combined bandwidth in both directions. Also please note that in PCI Express bandwidth is not shared the same way as in PCI, so there is less congestion on the bus.

 

Increased bandwidth can be equated into increased system performance. We've long known that to get the most out of your processor you need to get as much information into it as possible, as quickly as possible. Chipset designers have consistantly addressed this by increasing Front Side Bus speeds. The problem with this is that front side bus speed increases the speed of transfer between the memory and CPU but often you've got data that's coming from other sources that needs to get to the memory or CPU like drives, network traffic, video, etc. PCI Express addresses this problem head on by making it much faster and easier for data to get around the system.

 

Physical difference:

http://lib.store.yahoo.net/lib/directron/expressguide1.jpg

Q:Is PCI Express Faster Than PCI?

A:PCI Express is much faster than PCI. For 1x Cards it at least 118% faster. When you compare PCI Express video to PCI Video the differance is enormous: PCI Express 16x video is over 29x faster than PCI Video.

 

Q:Is PCI Express Video Faster than AGP Video?

A:Yes and No. A 16x PCI Express connection is at least 190% Faster than AGP 8x but this is the connection between the system and the video card. You use the connection the most when your video card is low on memory or when the game you are using uses a Direct X or Open GL feature that isn't supported in hardware.

 

So, what this means is that in terms of real world performance there may not be a huge difference between AGP and PCI Express if you are talking about identical chipsets. Unfortunately this is very hard to prove because graphics chipsets are designed either for PCI Express or AGP. If you have a card that is available in both forms then you have a graphics chipset that was designed for PCI Express and has a special bridge chip installed to let it comunicate with the AGP bus. The short of this is: if two cards of the same chipset are available in AGP and PCI-E then the PCI-E one will always be faster. On PCI-E you don't have the overhead of the bridge chip so it's faster, and you have the better bandwidth so in intense situations such as high resolution gaming you'll come out on top every time.

 

The main point here is: If you have a system with AGP on it, it doesn't make sense to upgrade just to get PCI-E video right now. The fastest AGP card to ever come out is likely to be the nVidia 6800GT. If you are at a point where that is too slow then by all means it makes sense to make a complete switch. If your happy with your AGP graphics options, wait until you are ready to upgrade the processor or other components before making the PCI-E switch. For more information on AGP and PCI please see the general FSB guide.

 

Q:What is SLI?

A:SLI or Scalable Link Interface is a technology that lets you take two identical nVidia based graphics cards *that support SLI* and a motherboard *that supports SLI* to achieve a very high level of video performance. SLI works by splitting the rendering of the screen between the two cards- one card renders half, the other card renders the other half. This technique is extremely effective. For instance two 6600GT cards in SLI can do vastly better than a 6800GT or X800 card even though the price is lower for two 6600GT Cards. The downside to this is that SLI is still new and is limited to systems based on AMD 64 / AMD FX Socket 939 processors. Needless to say though, there are some good solutions like this one from Asus.

 

Q:Do I need a special power supply for PCI-E [PCI Express].

A:Yes and no. Although the PCI-E spec calls for a PCI Express power connector, most PCI-E cards don't currently use it. This means that you should only probably worry about this if you are buying bleeding edge PCI Express parts. Card based on the X600, X700, X300, or 6600 series graphic chipsets rarely use the connector. If you are in a situation where you need a PCI Express power connector but the power supply doesn't have one you can always just use a PCI Express Power Adapter that converts a 4-pin molex connector to PCI-E Power.

PCI Express is an exciting advance in the area of computers. Although AGP is now starting to die rapidly, standard PCI is taking/will take longer to die off. Expect to see at least 1 or 2 standard PCI slots along side PCI-E in all motherboards for at least the next 2 years. By that time there will be PCI-E replacements for all common devices such as modems, network cards, raid cards, i/o and more.

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well explained dude! *SALUTE* may available ba na SLI na mobo for INTEL? What I bought last year was a 6600GT vid card AGP, and I was really pleased to know that I could combine another 6600GT and do better than the 7800GTX for a much cheaper price, not unless I change my rig for SLI board in which my current board right now does'nt support it.