legal Free Legal Advice

[jake_roxas]

thanks for your very usefull info.

 

i hope you don't mind if ask some more additional info. namely, does the fact that the rider does not have any license and that his motorcycle isn't registered hold any weight in court? secondly, does the release they signed become invalid since i wasn't able to process the insurance claim when they decided to file a case against me instead?

 

i really wanted to settle and i offered a very decent amount. but they refuse to accept and demanded an amount i really couldn't afford. the case is now with the quezon city fiscal and we'l have our first hearing on tuesday.

 

maraming salamat po.

 

1. may we know the exact wordings of the release? thanks.

2. does the fact that the rider does not have any license and that his motorcycle isn't registered hold any weight in court? - it has been held that the violation of a statute or regulation which imposes a specific requirement to omit or to do an definite act is NEGLIGENCE per se.

[jake_roxas]

Thanks for that bit of clarification fauxhead. Too bad jake couldnt make it himself

 

Dont worry gents, this intellectual (I hope) skirmish between jake and I wont go overboard. Im just honestly and genuinely wondering if he is a law student or a practitioner and Im waiting for his response. :hypocritesmiley:

 

For whatever it is worth, the Revised Penal Code provides:

 

"Article 3. Definition. — Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill."

 

Going by the definition, it appears that felonies may also be committed by means of fault (wrongful act results from imprudence, negligence, lack of foresight, or lack of skill) as in the case of culpable felonies.

[jake_roxas]

now next question please...

[Sweetie_Mar]

I visited this room five times already and I found this thread very informative. Nice thread

I have a very limited knowledge about law and I want to gain more information from you guys.

I just had a bad impression on our justice system here in our country but still believing there still a true justice and a legal system.

[Sweetie_Mar]

I visited this room five times already and I found this thread very informative. Nice thread

I have a very limited knowledge about law and I want to gain more information from you guys.

I just had a bad impression on our justice system here in our country but still believing there still a true justice and a legal system.

[Roubaix]

To Jack and Jake,

 

Mga Pare, tama na. You are creating friction where there should be none. Let us show MTC that lawyers not just avoid tussles but also don't create them. Someone asked for help because he hit a motorcycle and it went up to the definition of tort, quasi-delict, criminal negligence. Most readers won't understand what the heck you guys are arguing about. So, if there is a disagreement, just use the PM and waste internet time there.

 

Whether you are practioner or a law student, what people need here is the proper legal advice on what to do next in a practical sense. It should not be about how the caption does not fit the allegations in the complaint or information.

 

So, let there be peace on MTC and let it begin with you guys.

 

:cool:

[jake_roxas]

is it now prohibited to discuss legal concepts in relation to real life legal problems?

[agentjackbauer]

I hear you panero Roubaix. As for law student Jake, be patient my dear lad. I've been wanting to respond to your very revealing (and erroneous) statements (ex. there is such a thing as a civil case for murder) but work prevents me. Although everyone is free to give legal advice to people here in MTC, yours must be taken with caution because it is not derived from the actual application of the law. Kumbaga, libro libro ka lang, mali pa. I will show you why in my next post. As for now, magbasa ka na in advance ng mga isasagot mo ha, hane.

 

Peace Paneros!

[jake_roxas]

thanks jack, i will be waiting though looking forward to reading your posts. i always learn a lot from practitioners like you and the rest of the practitioners here in the legal thread. the legal thread has been intellectually stimulating thanks to guys like you. this thread will never be the same without practitioners like you.

 

meantime, good luck in your work. and i hope you can take a short break from the pressures of law firm life to devote at least some attention in instructing the lovers of the law.

[jake_roxas]

I visited this room five times already and I found this thread very informative. Nice thread

I have a very limited knowledge about law and I want to gain more information from you guys.

I just had a bad impression on our justice system here in our country but still believing there still a true justice and a legal system.

 

thanks to jack, otherwise, this thread would have never been as most informative as it is today.

[deejay4]

mga bro... i need your help badlyyyy....

 

meron akong frend from US... gamit nya DELL laptop...

 

nag-system restore kami using the second earliest time na checkpoint...

 

ang naging resulta, black screen na may lumabas na ganito, "error loading operating system"

 

tapos ni-restart... ganun parin...

 

ano kaya reason bakit nagkaganun?

 

ano dapat gawin para makapasok na ulit sya sa OS nya na Windows XP Home Edition?

 

and also... burado na kaya lahat ng files nun?

 

mga bro.. pls help us kung ano dapat gawin... pls...

[bonito99]

To Jack and Jake,

 

Mga Pare, tama na. You are creating friction where there should be none. Let us show MTC that lawyers not just avoid tussles but also don't create them. Someone asked for help because he hit a motorcycle and it went up to the definition of tort, quasi-delict, criminal negligence. Most readers won't understand what the heck you guys are arguing about. So, if there is a disagreement, just use the PM and waste internet time there.

 

Whether you are practioner or a law student, what people need here is the proper legal advice on what to do next in a practical sense. It should not be about how the caption does not fit the allegations in the complaint or information.

 

So, let there be peace on MTC and let it begin with you guys.

 

:cool:

 

Correct!

 

We try to give the best possible advice to people. Not lectures.

 

Moving on.

[Waterbearer]

I got a question..... :boo:

 

My Friend's brother's father is a british born Australian permanent resident with properties in Adelaide. He is the legitimate father of my friends brother as his signature is affixed in the birth certificate. The father has ceased contact with his son. The son is currently 24 years old and he was born in Dec 1982.

 

Does he have a right to claim British citizenship by blood or an Australian citizenship?

 

What steps does he need to accomplish?

Edited September 26, 2006 by Waterbearer

[magnus]

Hi. I hope you could help me.

 

My friend has a lawyer husband who she claims is cheating with his secretary(whats new?). From what I learned, nothing sexual is happening between the lawyer and the mistress (if we can call the other woman that). They do however go out of town together, go to bars and restaurant together and flirt at the office.

 

A confrontation has happened between my friend and the secretary. The secretary still refused to leave her work and the lawyer don't want to fire her claiming the secretary might file a labor issue (yeah right!). The secretay seems to be benefitting financially from the relationship hence she wants to stay in that office.

 

What could my friend do? What leverage could she get? Especially since nothing sexual is happening between the two "lovebirds".

[Waterbearer]

Hi. I hope you could help me.

 

My friend has a lawyer husband who she claims is cheating with his secretary(whats new?). From what I learned, nothing sexual is happening between the lawyer and the mistress (if we can call the other woman that). They do however go out of town together, go to bars and restaurant together and flirt at the office.

 

A confrontation has happened between my friend and the secretary. The secretary still refused to leave her work and the lawyer don't want to fire her claiming the secretary might file a labor issue (yeah right!). The secretay seems to be benefitting financially from the relationship hence she wants to stay in that office.

 

What could my friend do? What leverage could she get? Especially since nothing sexual is happening between the two "lovebirds".

Women have strong intuitions. If she says there's something going....then there must be something going on......Have her hire a private investigator....otherwise i don't think there's much she can do.

Edited September 26, 2006 by Waterbearer