Jump to content
  • Recently Browsing

    • No registered users viewing this page.

Free Legal Advice


Butsoy

Recommended Posts

My GF's bro reformatted her HD and reinstalled Windows...

 

Problems that arose:

 

1. lost the capacity to use regedit even in admin profiles

 

2. lost the folders option in control panel...can't unhide hidden folders...

 

3. internet tips suggested that i install tweakui powertoys... got the install file but it won't install properly... can't remember the exact error box...

 

4. running an HP pavilion ze4115, AMD AThlon XP +1500, 1.3 GHz, 224 MB RAM... anybody know where I can upgrade the RAM and possibly even the CPU? is this even possible (CPU)? thanks..

Link to comment
My GF's bro reformatted her HD and reinstalled Windows...

 

Problems that arose:

 

1. lost the capacity to use regedit even in admin profiles

 

2. lost the folders option in control panel...can't unhide hidden folders...

 

3. internet tips suggested that i install tweakui powertoys... got the install file but it won't install properly... can't remember the exact error box...

 

4. running an HP pavilion ze4115, AMD AThlon XP +1500, 1.3 GHz, 224 MB RAM... anybody know where I can upgrade the RAM and possibly even the CPU? is this even possible (CPU)? thanks..

 

did she do a clean install meaning she reformatted the HDD and installed a fresh copy or a dirty install?

 

if she did the latter, i suggest clean reinstall. with the mem and cpu upgrade. its possible for as long as you have

 

money to spend ;) HTH

Link to comment
Good afternoon po...

in our present time, what is the indicated punishment po ba for

grave threat, oral defamation, public scandal, and libel including their moral damages penalties would the case be pursued...?

thanks so much po ulet...?

 

1. grave threats - IT DEPENDS

 

"Art. 282. Grave threats. — Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:

 

1. The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.

If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.

2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition."

 

So it depends on what was the threat.

 

2. oral defamation- can be arresto mayor or arresto menor

arresto mayor - The duration of the penalty of arresto mayor shall be from one month and one day to six months.

arresto menor - The duration of the penalty of arresto menor shall be from one day to thirty days.

 

"Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos."

 

3. public scandal - ARRESTO MENOR

 

"Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable."

 

4. libel - prision correccional (minimum and medium) - The duration of the penalty of prision correccional shall be from six months and one day to six years.

 

"Art. 355. Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party."

 

as to moral damages, bahala na lawyer mo mag exaggerate, este, allege.

Link to comment

question po:

 

may friend is holding several s.p.a.'s naming him as atty in fact for his parents who went abroad for several years na. he has several siblings na abroad na rin and meron din nakatira dito pero may kanya-kanya ng bahay sila.

 

about 5 months ago, naaksidente yung mag-asawa. unfortunately, walang naiwan na last will and testament.

 

question is will the s.p.a.'s na hawak niya be sufficient to exercise his decisions over the properties? pwede na ba niya i-claim na since siya ang may s.p.a., siay ang may karapatan na mag-desisyon kung ano gagawin niya dun sa mga property?

Link to comment

Basically, ang "special power of attorney" appoints the person named in the SPA as an agent of the principal to perform the special acts mentioned in the SPA. In other words, agent lang yung kaibigan mo ng mga magulang niya.

 

Ngayon, sa ilalim ng Art. 1919 ng Civil Code

 

Art. 1919. Agency is extinguished:

 

xxx xxx xxx

 

xxx xxx xxx

 

(3) By the death, civil interdiction, insanity or insolvency of the principal or of the agent;

 

xxx xxx xxx

 

Ang ibig sabihin, nung namatay yung magulang ng kaibigan mo, lahat ng hawak niyang SPA nawalan na ng bisa, kasi nga, a dead person can no longer appoint and have an agent. Your friend cannot act on the properties on the basis of the SPAs na hawak niya kasi nga paso na ang mga to.

 

All the heirs will have to talk and decide what to do (and how to apportion among themselves) the properties. If they can all agree, they can execute an Extrajudicial Settlement of Estate of the properties of their parents. Kakailanganin siguro para dito ang inventory ng lahat ng properties na naiwan.

 

 

 

 

 

 

 

question po:

 

may friend is holding several s.p.a.'s naming him as atty in fact for his parents who went abroad for several years na. he has several siblings na abroad na rin and meron din nakatira dito pero may kanya-kanya ng bahay sila.

 

about 5 months ago, naaksidente yung mag-asawa. unfortunately, walang naiwan na last will and testament.

 

question is will the s.p.a.'s na hawak niya be sufficient to exercise his decisions over the properties? pwede na ba niya i-claim na since siya ang may s.p.a., siay ang may karapatan na mag-desisyon kung ano gagawin niya dun sa mga property?

Link to comment

Question....pwede ba 95 meters ang pagitan ng pc using wired router? d ba babagal? also im using smart bro connection im only getting 40kB/s max total download sa mga utorrent pero i have a friend also on smart bro pero umaabot ng 100kB/s ang download nya. What is the problem kaya?

Link to comment
mga pre, napakalaki ng maitutulong nyo sakin pag alam nyo ang solusyon sa problema kong ito. nag attached ako ng pics na lagi lumalabas sa screen bago mag restart PC ko. thanks in advance...

 

just my 2 bits... in rare cases, this can be caused by static/grounding problems in your components. remove your expansion and memory cards (or get someone knowledgable to help), and rub the contact points with pencil eraser to clean them. also clear any static from the case/motherboard (again, get help if you have not done this before). make sure no "libag" from the eraser remains. remains. reassemble, then boot up...

Link to comment
question po:

 

may friend is holding several s.p.a.'s naming him as atty in fact for his parents who went abroad for several years na. he has several siblings na abroad na rin and meron din nakatira dito pero may kanya-kanya ng bahay sila.

 

about 5 months ago, naaksidente yung mag-asawa. unfortunately, walang naiwan na last will and testament.

 

question is will the s.p.a.'s na hawak niya be sufficient to exercise his decisions over the properties? pwede na ba niya i-claim na since siya ang may s.p.a., siay ang may karapatan na mag-desisyon kung ano gagawin niya dun sa mga property?

 

would you know exactly how the SPA was written? while death extinguishes the agency and thus, the SPAs become ineffective, i am having this wild/far-off/out of this world theory. baka makalusot.

 

thanks.

Edited by jake_roxas
Link to comment

Huwag mo na ilusot. Baka sabihin na naman na lahat ng katarantaduhan at panlalamang galing sa mga abogado.

 

would you know exactly how the SPA was written? while death extinguishes the agency and thus, the SPAs become ineffective, i am having this wild/far-off/out of this world theory. baka makalusot.

 

thanks.

Link to comment

No, no, no. I'm interested in this so-called "far-out theory." As it is, the only way I can see for the friend to use the SPAs as authority/basis for acting on the property is if the same are executed with the formalities of a will and with "animo disponendi" (which I doubt would be the case). For academic purposes, however, let jake expound on his theory (let's disregard the actual wording of the SPAs as I believe that the same would be pro forma SPAs which would have become functus officio at the death of the principal) so we may see the merits of the same.

 

Huwag mo na ilusot. Baka sabihin na naman na lahat ng katarantaduhan at panlalamang galing sa mga abogado.
Link to comment
Huwag mo na ilusot. Baka sabihin na naman na lahat ng katarantaduhan at panlalamang galing sa mga abogado.

 

 

:) hehe, di naman siguro. i think this would even speed things up. i of course assume that human nature is intrinsically good. anyway, this is just a shot in the dark. we'll never know and everything could be possible because in succession cases sometimes even a footnote could be a legal basis.

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...