legal Free Legal Advice

[blitzz127]

Windows 2000 ang OS. tried na din to install the OS pero ndi tlga ma-detect yung hard disk. sa jumper settings kya ang problema?

[fauxhead]

Actually, your position was the position taken by the Supreme Court in the case of De Jesus vs Dizon, GR 142877 dated October 2, 2001. In this case, the siblings De Jesus, who were born in lawful wedlock of their parents, filed a petition for partition against their claimed illegitimate father's heirs by virtue of an acknowledgement of paternity from the decedent. They tried to indirectly establish their filiation by filing a case of partition, being left out in the succession of their claimed illegitimate father.

 

The Supreme Court wrote:

 

"There is perhaps no presumption of the law more firmly established and founded on sounder morality and more convincing reason than the presumption that children born in wedlock are legitimate. This presumption indeed becomes conclusive in the absence of proof that there is physical impossibility of access between the spouses during the first 120 days of the 300 days which immediately precedes the birth of the child due to (a) the physical incapacity of the husband to have sexual intercourse with his wife; ( the fact the husband and wife are living separately in such a way that sexual intercourse is not possible; or © serious illness of the husband, which absolutely prevents sexual intercourse.9 Quite remarkably, upon the expiration of the periods set forth in Article 170, and in proper cases Article 171, of the Family Code (which took effect on 03 August 1988), the action to impugn the legitimacy of a child would no longer be legally feasible and the status conferred by the presumption becomes fixed and unassailable...

 

Succinctly, in an attempt to establish their illegitimate filiation to the late Juan G. Dizon, petitioners, in effect, would impugn their legitimate status as being children of Danilo de Jesus and Carolina Aves de Jesus. This step cannot be aptly done because the law itself establishes the legitimacy of children conceived or born during the marriage of the parents. The presumption of legitimacy fixes a civil status for the child born in wedlock, and only the father, or in exceptional instances the latter's heirs, can contest in an appropriate action the legitimacy of a child born to his wife. Thus, it is only when the legitimacy of a child has been successfully impugned that the paternity of the husband can be rejected."

 

The rule that the written acknowledgement made by the deceased Juan G. Dizon establishes petitioners' alleged illegitimate filiation to the decedent cannot be validly invoked to be of any relevance in this instance. This issue, i.e whether petitioners are indeed the acknowledge illegitimate offsprings of the decedent, cannot be aptly adjudicated without an action having been first instituted to impugn their legitimacy as being the children of Danilo B. de Jesus and Carolina Aves de Jesus born in lawful wedlock. Jurisprudence is strongly settled that the paramount declaration of legitimacy by law cannot be attacked collaterally, one that can only be repudiated or contested in a direct suit specifically brought for that purpose. Indeed, a child so born in such wedlock shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as having been an adulteress.

 

 

 

However, in a more recent decision in Cabatania vs CA, GR 124814 dated October 21, 2004, the ruling of the Supreme Court took a different tenor. In this case, Florencia Regodos filed a petition for for recognition and support filed in behalf of her minor son against Camelo Cabatania. She claimed that the child was conceived when she had sexual relations with Cabatania when her husband left her in 1981. Cabatania countered that the presumption stands that the child is born in lawful wedlock between Regodos and her husband because the marriage was subsisting within the time the child was conceived and born.

 

The Supreme Court wrote:

 

"Time and again, this Court has ruled that a high standard of proof is required to establish paternity and filiation. An order for recognition and support may create an unwholesome situation or may be an irritant to the family or the lives of the parties so that it must be issued only if paternity or filiation is established by clear and convincing evidence...

 

Aside from Florencia’s self-serving testimony that petitioner rented a house for her in Singcang, Bacolod City, private respondent failed to present sufficient proof of voluntary recognition.

 

We now proceed to the credibility of Florencia’s testimony. Both the trial court and the appellate court brushed aside the misrepresentation of Florencia in the petition for recognition that she was a widow. Both courts dismissed the lie as minor which did not affect the rest of her testimony. We disagree. The fact that Florencia’s husband is living and there is a valid subsisting marriage between them gives rise to the presumption that a child born within that marriage is legitimate even though the mother may have declared against its legitimacy or may have been sentenced as an adulteress. The presumption of legitimacy does not only flow out of a declaration in the statute but is based on the broad principles of natural justice and the supposed virtue of the mother. The presumption is grounded on the policy to protect innocent offspring from the odium of illegitimacy.

 

In this age of genetic profiling and deoxyribonucleic acid (DNA) analysis, the extremely subjective test of physical resemblance or similarity of features will not suffice as evidence to prove paternity and filiation before the courts of law.

 

WHEREFORE, the petition is hereby granted. The assailed decision of the Court of Appeals in CA-G.R. 36708 dated March 15, 1996, affirming the decision of the Regional Trial Court of Cadiz City, Branch 60, in Spec. Proc. No. 88-C is reversed and set aside. Private respondent’s petition for recognition and support is dismissed."

 

In this decision, while the petition for recognition and support filed by a married woman in behalf of her child was dismissed, the reason given by the Supreme Court was not based on the technicality that the legitimate status of the child will be impugned. Unlike in the first case which says such presumption is conclusive, it appears that in this case such presumption is rebuttable by clear and convincing evidence which regrettably Florencia Regodos was not able to present. Had she presented better and more convincing evidence, she could have gotten a favorable decision from the Court, notwithstanding that the child was born presumptively legitimate and she filed it on behalf of her child (admission of adultery and all).

 

This decision is more in keeping with the intention of the Family Code to be liberal and to give more rights to illegitimate children, especially outlined in Article 175 which says that "Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children."

 

If one is really illegitimate but is given the choice of being considered a legitimate son/daughter of a deadbeat father or an illegitimate son/daughter of a rich one, which would be a wise choice?

 

 

 

 

 

 

Under Article 167 of the Family Code, "the child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress." To allow the mother to file a case (on behalf of the child) claiming illegitimate filiation of the child would be to have the mother indirectly declaring against its legitimacy. This runs up against the maxim "what cannot be done directly cannot be done indirectly." Consequently, I believe that the mother may not be allowed to file a case on behalf of the child. Note also that a legitimate status favors the child. I think we can apply by analogy the cases where the SC ruled that a parent may not file a petition to change the child's surname and that it should be the child himself, when he reaches the age of majority, who should decide on the matter.

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[GM Ruy Lopez]

brand new sya, as in, ndi p nabubuksan ung protective plastic nya. jumper setting was set to "Master or Single drive". pwede kaya sya format using windows installer CD? 

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Try mo isa pang new spare HD bro, just to double check baka kasi defective yang spare na yan, since you already tried that in another PC.

[agentjackbauer]

Good intelligent discussion guys. :-)

[hitomi]

hitomi,

 

i think the institution you're looking for is called FAMILY.  dun sya dapat ma form.  the government has no enough resources for problem children like that.  unless the child is considered abandoned, dswd will have no jurisdiction.

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thanks for the reply,

however, he has no mother and his father is mentally ill.

compounding his problem is the fact that because he is delinquent, no one will take him in.

Edited May 25, 2006 by hitomi

[notta101]

thanks for the reply,

however, he has no mother and his father is mentally ill.

compounding his problem is the fact that because he is delinquent, no one will take him in.

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in that case, i believe the dswd can takeover, but i think the guardian or the nearest of kin has to do that (turn-over) boys town or girls town bagsak nyan.

[junnp]

Balikan ko nga itong original na tanong mo....

 

since hindi na madetect ng computer mo itong bagong hard disk... tingin ko hindi ito uubra sa gusto mong gawin... first step pa lang kasi hindi na umubra eh...

 

oorrrrrr... baka naman nadedetect ng BIOS pero hindi lang makapag boot???

 

sagot 1: pag hindi madetect ng bios ang hard disk... definitely hindi ito magagamit. possibility nyan ay luma ang computer mo (dipa kilala ang setting ng bagong hard disk, capacity).

 

sagot 2: pag nadedetect ng bios pero hindi makuha ang tamang capacity, kelangan mo gumamit ng disk manager bago mag install ng OS.

 

sagot 3: pag nadedetect ng bios at nai installan ng OS pero hindi makapagboot, tignan mo yung bios setting ng hard disk baka hindi supported ng motherboard mo yung type ng hard disk. paglaruan mo yung setting na may "NORMAL", "LARGE" "LBA", etc... pasensya ka na nakalimutan ko na tawag dito... hehehe

 

sagot 4: pag mali ang jumper setting mo sa hard disks, either hindi ito tutuloy mag boot dahil walang hard disk na madetect ang computer mo. ang jumper setting mo dapat ay 1. primary hard disk (master or stand alone - boot disk), 2. secondary (slave).

 

formatted man o hindi ang hard disk ay dapat nadedetect pa din ng bios... kaya pag hindi na madetect ng bios ang hard disk mo... itapon mo na lang... wag na pag aksayahan ng panahon... mura na lang hard disk eh... hehehe

 

sana meron tumama sa mga sagot ko...

 

cheers!

 

 

Mejo different item pero same problem. Since ndi nga madetect yung HD, i tried to replace the HD with a new one pero ndi ma-detect kasi ndi formatted. tried the FDISK command ng Win98 boot-up disk pero ndi makita yun bago HD. Tried to format it also sa ibang PC pero ayaw din ma-detect. Pano ba mag-format ng bago HD? Sira na kaya yung HD na to?

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[jopoc]

If one is really illegitimate but is given the choice of being considered a legitimate son/daughter of a deadbeat father or an illegitimate son/daughter of a rich one, which would be a wise choice?

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for me, its nobody's choice. the law must prevail.

 

 

dura lex, sed lex.... the law is hard, but mine is harder. hehehe

[jimboROK]

meron po bang probonong tumutulong malapit sa quiapo?

[AcidTrain]

Offhand, usually clerical or typographical errors which do not affect the following: (a) gender [male or female] ( age/birthdate  © citizenship [Filipino or not} and (d) civil status [single or married] of the person concerned. If the correction involves these four entries, you need to resort to a judicial petition. Kung hindi, administrative lang ang process.Madali at mura lang yun.

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maraming salamat po..

[notta101]

meron po bang probonong tumutulong malapit sa quiapo?

<{POST_SNAPBACK}>

 

 

try mo pumunta sa san sebastian college ofice of legal aid. they give free legal assistance.

[blitzz127]

Balikan ko nga itong original na tanong mo....

 

since hindi na madetect ng computer mo itong bagong hard disk... tingin ko hindi ito uubra sa gusto mong gawin... first step pa lang kasi hindi na umubra eh...

 

oorrrrrr... baka naman nadedetect ng BIOS pero hindi lang makapag boot???

 

sagot 1: pag hindi madetect ng bios ang hard disk... definitely hindi ito magagamit. possibility nyan ay luma ang computer mo (dipa kilala ang setting ng bagong hard disk, capacity).

 

sagot 2: pag nadedetect ng bios pero hindi makuha ang tamang capacity, kelangan mo gumamit ng disk manager bago mag install ng OS.

 

sagot 3: pag nadedetect ng bios at nai installan ng OS pero hindi makapagboot, tignan mo yung bios setting ng hard disk baka hindi supported ng motherboard mo yung type ng hard disk. paglaruan mo yung setting na may "NORMAL", "LARGE" "LBA", etc... pasensya ka na nakalimutan ko na tawag dito... hehehe

 

sagot 4: pag mali ang jumper setting mo sa hard disks, either hindi ito tutuloy mag boot dahil walang hard disk na madetect ang computer mo. ang jumper setting mo dapat ay 1. primary hard disk (master or stand alone - boot disk), 2. secondary (slave).

 

formatted man o hindi ang hard disk ay dapat nadedetect pa din ng bios... kaya pag hindi na madetect ng bios ang hard disk mo... itapon mo na lang... wag na pag aksayahan ng panahon... mura na lang hard disk eh... hehehe

 

sana meron tumama sa mga sagot ko...

 

cheers!

<{POST_SNAPBACK}>

 

pinaglaruan ko n nga ung jumper settings pero ganun p din eh. ndi tlga sya madetect sa BIOS. ndi nmn siguro luma yung PC kasi P4 na sya. will try the HD sa ibang computer at bka sira n tlga yung HD. Thanks for the info peeps! :thumbsupsmiley:

[one_S_H_O_T_wonder]

hi guys,

 

hope you can help,

 

i applied for an nso copy of my birth certificate . pagkakuha ko alang first name. pinapuntahan ko sa pasay city hall civil registrar. pati yung copy nila alang name. nag-issue lang sila ng copy of my birth cert tapos nilagyan ng marginal note na first name was supplied from supplemental records two years after i was born.

 

the way i see it ang pumalpak dito e yung ermats ko .spilt milk.i might be needing a good nso copy (with a first name) by middle of june. does anyone here know what's the best way to go about it.

 

my sis says late registration nalang raw. is this a good idea ren? thanks

[muffin]

Hi, i need some advice. in a banking scenario wherein deceased accounts are involved, are the subsequent interests in the account of the deceased, after his/her death, still payable to the heirs?

[crabman]

What law firm would you like to work for? Do we have any MTC members working in these firms?

 

Sycip?

Villaraza?

Romulo Mabanta?

Quisumbing Torres?

ACCRA?

Picazo?

Castillo Laman?

 

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