legal Free Legal Advice

[action_officer]

pre, i need legal advice and i think i need to hire a lawyer. gist of case is this.... on august 24, 2 men wearing mmda uniforms went to the company residence of our employees claiming that the perimeter fence of our property encroached onto the sidewalk. they asked us to demolish the fence but when we asked them about any written formal notice regarding the alleged violation they said they didn't have any and left. 2 weeks later they came again and proceeded to demolish the structure. they also went into the compound and cut off the electricity, for whatever reason i still cannot inderstand. they stole the meter and the cables . pre, my questions are..... was the demolition legal ? if not, what can i do about it ? how much do i need to spend to avail of the services of a lawyer willing to take on the mmda ? are there lawyers at mtc willing to go the distance ? ....... please advice asap..... i am at my wits end trying to rationalize what the mmda thugs did to my employees' residence.

[Waterbearer]

pre, i need legal advice and i think i need to hire a lawyer. gist of case is this.... on august 24, 2 men wearing mmda uniforms went to the company residence of our employees claiming that the perimeter fence of our property encroached onto the sidewalk. they asked us to demolish the fence but when we asked them about any written formal notice regarding the alleged violation they said they didn't have any and left. 2 weeks later they came again and proceeded to demolish the structure. they also went into the compound and cut off the electricity, for whatever reason i still cannot inderstand. they stole the meter and the cables . pre, my questions are..... was the demolition legal ? if not, what can i do about it ? how much do i need to spend to avail of the services of a lawyer willing to take on the mmda ? are there lawyers at mtc willing to go the distance ? ....... please advice asap..... i am at my wits end trying to rationalize what the mmda thugs did to my employees' residence.

was the demolition legal ?

 

The MMDA general manager will tell u that they had to demolish the structure because they were built on sidewalks. Nevertheless, I think they should be armed with court documents which i believe they have one. My guess is that it's pretty legal since its part of their duties under Republic Act 7924.......I find it vague why they supposedly stole your meter and cables but i think they cut off the electricity coz maybe there was a power outlet or electrical line running at/near your perimeter fence....err..u could say for safety purposes.

 

You could go for minor damages re: cutting-off electricity/taking your meters and cables ...without due notice......but that's all i think there really is......kung yung case nga against MMDA na dinemolish nila yung billboard dahil judgement nila hazardous sya e hindi pa naaayos....ito pa kaya na malinaw na enroachment ang ginawa mo...

 

Peace

Edited September 12, 2006 by Waterbearer

[jake_roxas]

you can start asking for assistance from the IBP Legal Aid Office. Full details are as follows:

 

Address:

 

IBP Building, No.15 Julia Vargas Avenue

Ortigas Center, Pasig City, Philippines

 

Secretariat

Tel. Nos.

631-3018, 631-3014, 634-4697

Fax Nos.

631-3014 & 634-4697

 

Commission on Bar Discipline

Tel. No.

631-26-44

Fax No.

910-0407

 

National Committee on Legal Aid

Tel. Nos.

631-3016, 910-0408

Fax No.

631-3013

 

Accounting

Tel. Nos.

631-3017, 634-4696

 

 

Publications

TeleFax No.

634-4696

 

FOR DIRECTIONS: see map above

[murdock_anal]

boss jake roxas, please help me out.

 

i was once flagged down by a cop manning a checkpoint. was asked to step down but i refused to abide since there was no reason to do so. after a heated exchange of words, this cop pulled out his service firearm and pointed it to my face. luckily, a concerned motorist passing by shouted "hoy, bawal yan!" which made the cop stand down. i'm in the process of filing a criminal case against this cop. however, i also want to file an adminstrative case. question is, where do file it aside from the ombudsman? should it be with the concerned PLEB, NAPOLCOM or IAS? thanks bro

[action_officer]

boss waterbearer, yun nga ho ang problema e. the structure had been there for years and yet from out of the blue nagencroach daw kami sa sidewalk. wala man lang ipinakita na findings or paperworks to that effect. private property is supposed to be viewed by all as untouchable di ba ? if they say one thing are we supposed to just believe what they say ? ala bang due process ? why were no papers served onto the owner of the private property involved ? we would have gladly removed it ourselves had they proven that we were guilty. pero kapag unilateral ang decision, meaning sila lang ang pwede masusunod, parang communist state ang dating. peace likewise.

Edited September 12, 2006 by action_officer

[Waterbearer]

boss jake roxas, please help me out.

 

i was once flagged down by a cop manning a checkpoint. was asked to step down but i refused to abide since there was no reason to do so. after a heated exchange of words, this cop pulled out his service firearm and pointed it to my face. luckily, a concerned motorist passing by shouted "hoy, bawal yan!" which made the cop stand down. i'm in the process of filing a criminal case against this cop. however, i also want to file an adminstrative case. question is, where do file it aside from the ombudsman? should it be with the concerned PLEB, NAPOLCOM or IAS? thanks bro

Makikisingit na lang dude.....

 

You may file a complaint sa PNP:

 

Dial (632) 899-7504 Internal Affairs Service / Email: ias@pnp.gov.ph

For Police Services Complaints or Complaints on a Police Officer

[Waterbearer]

boss waterbearer, yun nga ho ang problema e. the structure had been there for years and yet from out of the blue nagencroach daw kami sa sidewalk. wala man lang ipinakita na findings or paperworks to that effect. private property is supposed to be viewed by all as untouchable di ba ? if they say one thing are we supposed to just believe what they say ? ala bang due process ? why were no papers served onto the owner of the private property involved ? we would have gladly removed it ourselves had they proven that we were guilty. pero kapag unilateral ang decision, meaning sila lang ang pwede masusunod, parang communist state ang dating. peace likewise.

Bro...It just so happened your perimeter fence was using part of the sidewalk....which is government property...no matter how u put it.....Even if lumalabas na sa inyo pala ang portion ng sidewalk na yun, they could still reason out eminent domain at ganun din ang kalalabasan.

 

It doesnt follow na kung dati hindi ginagawan ng aksyon ng MMDA yan e di na nila aaksyunan yan.....Weather weather lang yan....No offense dude pero intensified talaga ang efforts ng MMDA ngayon sa mga ganyang kaso....and im telling u, you are not the only one......

 

As to paperworks.....dapat meron.....considering it was the second time they made a claim sa structure mo.....they should've been prepared. Nung first time na hinanapan mo sila, sumagot sila ng wala........baka nung second time, e di mo na sila hinanapan.....lam mo naman yang mga yan.........palaging on a need to know basis.....naunahan ka siguro ng intimidation nila.....kaya ayun.....then again....hula ko lang yon.....

 

What u can do at the moment is demand from their office the documents they supposedly failed to present to you at the time of demolition....or you could demand reparation for the meters/cables they took away from you.....err...if theyd be lucid enough to grant u one.

 

Let's put it this way dude......The State comes first.

Edited September 12, 2006 by Waterbearer

[agentjackbauer]

boss jake roxas, please help me out.

 

i was once flagged down by a cop manning a checkpoint. was asked to step down but i refused to abide since there was no reason to do so. after a heated exchange of words, this cop pulled out his service firearm and pointed it to my face. luckily, a concerned motorist passing by shouted "hoy, bawal yan!" which made the cop stand down. i'm in the process of filing a criminal case against this cop. however, i also want to file an adminstrative case. question is, where do file it aside from the ombudsman? should it be with the concerned PLEB, NAPOLCOM or IAS? thanks bro

 

 

I assume that the cop who flagged you down and pointed his service firearm is a low-ranking policeman. You should file the administrative complaint with the People's Law Enforcement Board (PLEB) concerned. For what he did, I am almost sure dismissal from the service ang penalty nyan. Mahihirapan yan mag-apela sa NAPOLCOM. Strikto dun.

Edited September 12, 2006 by agentjackbauer

[rocco69]

boss jake roxas, please help me out.

 

i was once flagged down by a cop manning a checkpoint. was asked to step down but i refused to abide since there was no reason to do so. after a heated exchange of words, this cop pulled out his service firearm and pointed it to my face. luckily, a concerned motorist passing by shouted "hoy, bawal yan!" which made the cop stand down. i'm in the process of filing a criminal case against this cop. however, i also want to file an adminstrative case. question is, where do file it aside from the ombudsman? should it be with the concerned PLEB, NAPOLCOM or IAS? thanks bro

 

There is no ned to go to PLEB, NAPOLCOM or IAS if you are going to file a complaint with the Ombudsman. Just state in your affidavit-complaint with the Ombudsman that the affidavit is for filing criminal AND ADMINISTRATIVE CHARGES (for gross misconduct, oppression, abuse of authority, and conduct prejudicial to the service) against the cop. The Ombudsman also has administrative supervision over government employees so they can hear and decide this. Mas maganda pa kasi mahihirapan siyang lakarin ang kaso dun, unlike sa NAPOLCOM, IAS, at PLEB na baka may kakilala siya. Also, this is more convenient kasi isa lang ang pupuntahan mong lugar, sa Agham Road lang. In your affidavit complaint, you can also ask at the end thereof that the respondent be preventively suspended (tingnan mo ang nangyari kay Mayor Trinidad), which you can't do with the others.

[agentjackbauer]

pre, i need legal advice and i think i need to hire a lawyer. gist of case is this.... on august 24, 2 men wearing mmda uniforms went to the company residence of our employees claiming that the perimeter fence of our property encroached onto the sidewalk. they asked us to demolish the fence but when we asked them about any written formal notice regarding the alleged violation they said they didn't have any and left. 2 weeks later they came again and proceeded to demolish the structure. they also went into the compound and cut off the electricity, for whatever reason i still cannot inderstand. they stole the meter and the cables . pre, my questions are..... was the demolition legal ? if not, what can i do about it ? how much do i need to spend to avail of the services of a lawyer willing to take on the mmda ? are there lawyers at mtc willing to go the distance ? ....... please advice asap..... i am at my wits end trying to rationalize what the mmda thugs did to my employees' residence.

 

 

Determinado ka ba magkaso pare? If you are, then go ahead and file criminal cases against the MMDA personnel who entered your compound and took your meter and cables. Titiklop yan, believe me. Pwede theft/robbery dyan or at the very least malicious mischief resulting to damage to property. You have to get their names though. You may also file a letter-complaint to the MMDA. Malamang hindi alam ng nasa taas ang pinaggagawa ng mga demolition team na pagnakaw ng meter at cables.

[agentjackbauer]

There is no ned to go to PLEB, NAPOLCOM or IAS if you are going to file a complaint with the Ombudsman. Just state in your affidavit-complaint with the Ombudsman that the affidavit is for filing criminal AND ADMINISTRATIVE CHARGES (for gross misconduct, oppression, abuse of authority, and conduct prejudicial to the service) against the cop. The Ombudsman also has administrative supervision over government employees so they can hear and decide this. Mas maganda pa kasi mahihirapan siyang lakarin ang kaso dun, unlike sa NAPOLCOM, IAS, at PLEB na baka may kakilala siya. Also, this is more convenient kasi isa lang ang pupuntahan mong lugar, sa Agham Road lang. In your affidavit complaint, you can also ask at the end thereof that the respondent be preventively suspended (tingnan mo ang nangyari kay Mayor Trinidad), which you can't do with the others.

 

Correct me if Im wrong since my admin law is a bit rusty, but isnt there a minimum salary grade that a public officer must belong to in order for the Ombudsman to acquire jurisdiction over a case? And althoough there is an Ombudsman for the military, iba ang proseso pag pulis. Sensya na, hehe, not really my area of expertise, just commenting based on what I remember and the few cases I handled before the PLEB and Ombudsman. I handled an admin complaint before against a policeman and we filed it with the PLEB while the admin complaint against the BJMP personnel (handled by another lawyer) was filed before the Ombudsman (with criminal cases filed before the regular courts). Come to think of it, mababa lang ata sahod nung taga BJMP ah. Hmm...

Edited September 12, 2006 by agentjackbauer

[moichi]

guys, question lang po.

 

pede po ba gumawa ng general power of attorney that will cover anything and everything?

 

my mom is leaving for the states. and ngayon lang namin nalaman na ang dami pala niyang iiwan na mga aasikasuhin e.g. sa SSS, Business permit sa Mayor's Office, with the banks, etc.

 

meron pang mga transakyon with private individuals kung saan may utang siya or may utang sa kanya.

 

can a general power of attorney to transact for and on behalf of her attend to ALL these?

[murdock_anal]

thank you sa mga advice mga bossing. nalinawan po ako. sana lang kahit saang venue ko ma-file, justice will be mine in the end. salamat pong muli and more power to all of you bros!

[rocco69]

Correct me if Im wrong since my admin law is a bit rusty, but isnt there a minimum salary grade that a public officer must belong to in order for the Ombudsman to acquire jurisdiction over a case? And althoough there is an Ombudsman for the military, iba ang proseso pag pulis. Sensya na, hehe, not really my area of expertise, just commenting based on what I remember and the few cases I handled before the PLEB and Ombudsman. I handled an admin complaint before against a policeman and we filed it with the PLEB while the admin complaint against the BJMP personnel (handled by another lawyer) was filed before the Ombudsman (with criminal cases filed before the regular courts). Come to think of it, mababa lang ata sahod nung taga BJMP ah. Hmm...

 

You're probably referring to RA 7975. However, this refers to the jurisdiction of the Sandiganbayan, which basically says that for violations of the anti-graft law, as well as other offenses committed in rel'n to their office, committed by government employees salary grade 27 and up, you file these criminal cases with the Sandiganbayan. For govt. employees below SG27, these are filed with the regular courts (pero dadaan pa rin ang preliminary iinvestigation sa Ombudsman).

 

For the Ombudsman, its RA 6770, Section 15 of which states

 

Sec. 15. Powers, Functions and Duties. - The Office of the Ombudsman shall have the following powers, functions and duties:

(1) Investigate and prosecute on its own or on complaint by any person, any act or omission of ANY public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases;

 

In summary, all criminal complaints against a govt. official has to pass thru the Ombudsman's preliminary investigation process. If its a high-ranking govt. official, the case will be filed with the Sandiganbayan, if low-ranking, with the regular courts.

 

For admin. cases, you can opt for the Ombudsman, or the regular Civil Service process, with the agency first acquiring jurisdiction excluding the other, i.e. if you file with the regular agency, you can no longer file with the Ombudsman.

 

For military and police officers (regardless of rank), criminal and administrative complaints (just state in the complaint-affidavit that you are filing criminal and admin. charges against the respondent. The Ombudsman will already docket this as two cases - one criminal, one admin) will be handled by the Ombudsman for the Military and Other Law Enforcement Officers. Kung complainant ka, mas maganda sa Ombudsman kasi makakahingi ka ng 6-mos. preventive suspension (just add it as a prayer at the end of the affidavit-complaint).

[rocco69]

guys, question lang po.

 

pede po ba gumawa ng general power of attorney that will cover anything and everything?

 

my mom is leaving for the states. and ngayon lang namin nalaman na ang dami pala niyang iiwan na mga aasikasuhin e.g. sa SSS, Business permit sa Mayor's Office, with the banks, etc.

 

meron pang mga transakyon with private individuals kung saan may utang siya or may utang sa kanya.

 

can a general power of attorney to transact for and on behalf of her attend to ALL these?

 

Articles 1876-1880 of the Civil Code are the provisions relevant to your query.

 

Art. 1876. An agency is either general or special.

The former comprises all the business of the principal. The latter, one or more specific transactions. (1712)

 

Art. 1877. An agency couched in general terms comprises only acts of administration, even if the principal should state that he withholds no power or that the agent may execute such acts as he may consider appropriate, or even though the agency should authorize a general and unlimited management. (n

 

Art. 1878. Special powers of attorney are necessary in the following cases:

(1) To make such payments as are not usually considered as acts of administration;

(2) To effect novations which put an end to obligations already in existence at the time the agency was constituted;

(3) To compromise, to submit questions to arbitration, to renounce the right to appeal from a judgment, to waive objections to the venue of an action or to abandon a prescription already acquired;

(4) To waive any obligation gratuitously;

(5) To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration;

(6) To make gifts, except customary ones for charity or those made to employees in the business managed by the agent;

(7) To loan or borrow money, unless the latter act be urgent and indispensable for the preservation of the things which are under administration;

(8) To lease any real property to another person for more than one year;

(9) To bind the principal to render some service without compensation;

(10) To bind the principal in a contract of partnership;

(11) To obligate the principal as a guarantor or surety;

(12) To create or convey real rights over immovable property;

(13) To accept or repudiate an inheritance;

(14) To ratify or recognize obligations contracted before the agency;

(15) Any other act of strict dominion. (n)

 

Art. 1879. A special power to sell excludes the power to mortgage; and a special power to mortgage does not include the power to sell. (n)

 

Art. 1880. A special power to compromise does not authorize submission to arbitration. (1713a)

 

Clearly, hindi pwede ang GPA sa lahat ng transaksyon. For the transactions listed in 1878, kailangan ay SPA.