legal Free Legal Advice

[between_angels]

mga sir follow up lang po, yung RA 8484 defrauding of creditors. with regards to the unpaid credit card. exam week kasi kaya ndi ako makakausap ng lawyer, probably next week pa ko punta lawyer. medyo naguguluhan lang po ako kasi it can be a criminal case against me.

 

thanks po.

[jake_roxas]

i really dont think that non payment of credit card constitutes and qualifies an act that defrauds creditors. the act of defrauding must be interpreted in conjunction with the use of the card and the acquisition of the goods. it cannot apply to acts after.

[jopoc]

just to follow up po... so malamang murder nga yung case ng dad ko?? kasi he was shot unarmed and nakatalikod pa kasi tumtakbo na cya palayo.... then alam ko tinamaan na cya nung 2nd shot binaril pa din cya.... also ask ko din kasi yung case sa province pa namin yun, is it possible na malipat yung case dito sa manila??

 

 

sir, the facts that you gave are inconclusive. hindi pa masasabi kung murder sya o homicide. maybe you can tell us how this started. or how did the incident started.

 

 

as to changing the venue, yes you may, just petition it to the SC. and of course, have a valid ground for the petition. example: the subic rape case is now being tried in makati.

[jopoc]

mga sir follow up lang po, yung RA 8484 defrauding of creditors. with regards to the unpaid credit card. exam week kasi kaya ndi ako makakausap ng lawyer, probably next week pa ko punta lawyer. medyo naguguluhan lang po ako kasi it can be a criminal case against me.

 

thanks po.

 

 

here are the prohibited acts in RA8484

 

Section 9. Prohibited Acts. — The following acts shall constitute access device fraud and are hereby declared to be unlawful:

 

(a) producing, using, trafficking in one or more counterfeit access devices;

 

( trafficking in one or more unauthorized access devices or access devices fraudulently applied for;

 

© using, with intent to defraud, an unauthorized access device;

 

(d) using an access device fraudulently applied for;

 

(e) possessing one or more counterfeit access devices or access devices fraudulently applied for;

 

(f) producing, trafficking in, having control or custody of, or possessing device-making or altering equipment without being in the business or employment, which lawfully deals with the manufacture, issuance, or distribution of such equipment;

 

(g) inducing, enticing, permitting or in any manner allowing another, for consideration or otherwise to produce, use, traffic in counterfeit access devices, unauthorized access devices or access devices fraudulently applied for;

 

(h) multiple imprinting on more than one transaction record, sales slip or similar document, thereby making it appear that the device holder has entered into a transaction other than those which said device holder had lawfully contracted for, or submitting, without being an affiliated merchant, an order to collect from the issuer of the access device, such extra sales slip through an affiliated merchant who connives therewith, or, under false pretenses of being an affiliated merchant, present for collection such sales slips, and similar documents;

 

(i) disclosing any information imprinted on the access device, such as, but not limited to, the account number or name or address of the device holder, without the latter's authority or permission;

 

(j) obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter;

 

(k) having in one's possession, without authority from the owner of the access device or the access device company, an access device, or any material, such as slips, carbon paper, or any other medium, on which the access device is written, printed, embossed, or otherwise indicated;

 

(l) writing or causing to be written on sales slips, approval numbers from the issuer of the access device of the fact of approval, where in fact no such approval was given, or where, if given, what is written is deliberately different from the approval actually given;

 

(m) making any alteration, without the access device holder's authority, of any amount or other information written on the sales slip;

 

(n) effecting transaction, with one or more access devices issued to another person or persons, to receive payment or any other thing of value;

 

(o) without the authorization of the issuer of the access device, soliciting a person for the purpose of:

 

1) offering an access device; or

 

2) selling information regarding or an application to obtain an access device; or

 

(p) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent, for payment, one or more evidence or records of transactions made by credit card.

====

 

please take note that the keyword here is FRAUD. a simple utang or loan or unpaid credit card does not automatically constitute fraud.

 

but of course, like in par. j, you'd notice na pwede sa utang, pero me element of fraud pa rin na kasama.

 

so in other words, unless me fraud, hindi ka liable sa RA 8484

[Viola]

mambo is good. very efficient. i love it.

 

but i kinda need a different type of 'cms' now. one similar to WebEdit. but i need something open source or free. webedit i think is around $199. can't afford that. waaah.

 

help naman people. thanks.

[Kurtsky Keigee]

Need some help..

 

Everytime I startup windows theres a common folder that opens ;

coming from C:\Program Files\common

The file inside is VsoVprev.ax

But when I delete it nothing happens..

So I delete the common folder in

C:\Program Files\common..

Then all of a sudden my anti spyware detects sudden registry changes

 

This was a result of me uninstalling a program called Vso ConvertXToDVD and Blindwrite

[sharkhead]

Hi to all lawyers in this thread.

 

Just have a question about my unpaid credit card amounting to P120,000.

 

I have been unable to pay my monthly amortization for 2 months now. Im just a plain employee at our company. And im really having financial difficulties right now. What remedies is readily available for the bank to collect from me? Can they attached my salary? Will i go to jail? Thanks.

 

 

i'm not a lawyer (yet) but with regard to the remedy the bank has, take note that they can avail of this provision:

 

"SEC. 40, Rule 39 Rules of Court. Order for application of property and income to satisfaction of judgment.—The court may order any property of the judgment obligor, or money due him, not exempt from execution, in the hands of either himself or another person, or of a corporation or other juridical entity, to be applied to the satisfaction of the judgment, subject to any prior rights over such property.

 

If, upon investigation of his current income and expenses, it appears that the earnings of the judgment obligor for his personal services are more than necessary for the support of his family, the court may order that he pay the judgment in fixed monthly installments, and upon his failure to pay any such installment when due without good excuse, may punish him for indirect contempt."

[gr82d8]

Perhaps you can use joomla instead. http://www.joomla.org/ Made by the same people who initially developed Mambo, they left and created Mambo to ensure it will stay open source. I put up a test site http://www.readigo.com I can pm you the usr/pass if you want to mess around with the backend. PHP programing is needed if you really want to modify the base scripts. Getting used to the administration area should take about a week or two.

[gr82d8]

If you want hosting software like cpanel some opensource alternatives are listed here -> http://www.web-hosting-top.com/web-hosting....control-panels If you want a simple blog hosting package, you can try wordpress http://wordpress.com/

[Viola]

thank you.

i was able to figure out mambo. however, i decided to create my own CMS together with 2 other friends.

 

the web-edit thing, we decided to buss the initial package and mess around with the php code.

[Viola]

i have a problem po.

with my old old laptop.

asus t9400. LCD died on me. i think. or maybe not.

 

i can turn it on. but nothing happens after that. just a totally blank black screen.

i don't even hear it boot up. no bios display. no display period. what's wrong? and how much would it cost me to have it fixed?

[bonito99]

@*pop quiz: any restrictions on doctors operating a pharmacy?

[rocco69]

@*pop quiz: any restrictions on doctors operating a pharmacy?

 

Offhand, parang wala namang batas na nagbabawal o nagpapataw ng limitasyon sa isang doktor na magbukas at mag-operate ng botika. Wala namang sinasabi ang Medical Act (RA 2382, as amended), ang Pharmacy Law (RA 5921, as amended)o ang Consumer Act (RA 7394) at ang Dangerous Drugs Act of 2002 (RA 9165) na bawal ang doktor mag-operate ng pharmacy. Posibleng may limitasyon kung yung doctor ay nagtratrabaho sa isang hospital o business at sa kanyang contract of employment ay mag clause na nagbabawal sa kanya na mag-open ng botika o na magkaroon ng conflict of interest with his employer in relation to a pharmacy business. Other than that, parang wala namang limitasyon. Of course, the pharmacy he opens has to be registered with and approved by the BFAD, and he has to have a registered pharmacist supervising the pharmacy.

[rocco69]

@*pop quiz: any restrictions on doctors operating a pharmacy?

 

Offhand, parang wala namang batas na nagbabawal o nagpapataw ng limitasyon sa isang doktor na magbukas at mag-operate ng botika. Wala namang sinasabi ang Medical Act (RA 2382, as amended), ang Pharmacy Law (RA 5921, as amended)o ang Consumer Act (RA 7394) at ang Dangerous Drugs Act of 2002 (RA 9165) na bawal ang doktor mag-operate ng pharmacy. Posibleng may limitasyon kung yung doctor ay nagtratrabaho sa isang hospital o business at sa kanyang contract of employment ay may clause na nagbabawal sa kanya na mag-open ng botika o na magkaroon ng conflict of interest with his employer in relation to a pharmacy business. Other than that, parang wala namang limitasyon. Of course, the pharmacy he opens has to be registered with and approved by the BFAD, and he has to have a registered pharmacist supervising the pharmacy.

[jake_roxas]

i'm not a lawyer (yet) but with regard to the remedy the bank has, take note that they can avail of this provision:

 

"SEC. 40, Rule 39 Rules of Court. Order for application of property and income to satisfaction of judgment.—The court may order any property of the judgment obligor, or money due him, not exempt from execution, in the hands of either himself or another person, or of a corporation or other juridical entity, to be applied to the satisfaction of the judgment, subject to any prior rights over such property.

 

If, upon investigation of his current income and expenses, it appears that the earnings of the judgment obligor for his personal services are more than necessary for the support of his family, the court may order that he pay the judgment in fixed monthly installments, and upon his failure to pay any such installment when due without good excuse, may punish him for indirect contempt."

 

i think the best thing to do is to arrange with the credit card company for a payment scheme on installment basis.

Edited August 11, 2006 by jake_roxas