legal Free Legal Advice

[diver_703]

if i wanna adopt a child, can i put my name on the child's birth cert... what to do... how much...

[starkiller_blaster]

hi to all... just want to ask for an advice regarding law school.. im a student trying my luck into a law school... just want to ask for tips and guides on how to pass law school entrance exam and if luck is on my side also tips and guides for the interview... hope you guys can help me... thanks a lot... hope you guys will be my compadres years from now...

[rocco69]

Thanks for the info. I really need to help my friend because all her friends were telling her that her marriage is fake due to the reverend thinggy.

 

But after reading further, some threads mentioned about lack of license. She mentioned not seeing/issued any licenses. She also says that their marriage contract shows that her husbands address was not his address and they put San Juan instead and the venue of the ceremony was says in groom's house instead of Manila City Hall. She went to NSO to verify and got a no record so she went to Manila cityhall and the registry told her that her record was sent to NSO and will be available next month.

 

Is this kind of marriage void? Even if it goes to NSO?

:mtc:

 

Pag nakakuha na siya ng kopya ng certificate of marriage mula sa NSO, tingnan nya kung anong marriage license number ang nakalagay dun at kung anong Civil Registrar's Office ang nag-issue. Papuntahan mo sa kanya ang Civil Registrar's office na yun at magtanong siya dun kung nag-eexist ba ang license na yun at kung kanino naka-issue. Kung walang ganung license o di sa kanilang pangalan (bride and groom) naka-issue, YARI SIYA! Walang bisa ang kasal. Pero kung meron naman at nasa pangalan nilang dalawa, OK, valid ang kasal.

[rocco69]

Sana you can recall the citation din Sir. Thanks for the info. Also sa input mo sa previous post ko. Thanks. thanks

 

It seems that no case was actually resolved by the Supreme Court (given that 12 out of 14 justices resigned because of the controversy). Anyway, what I got off the web is the following from the NY Times archives:

 

AROUND THE WORLD

SPECIAL TO THE NEW YORK TIMES

Published: April 20, 1982

A major crisis developed today among members of the Philippine Supreme Court as a result of the upgraded bar examination of the son of one of the justices.

 

Chief Justice Enrique Fernando held a news conference in his office ''to disclose all the facts.'' He acknowledged responsibility for authorizing the revision of the grading of one examimation, thus benefiting the son of a court member, Justice Vicente Ericta.

 

Mr. Fernando said that his action was motivated by a desire to help the son of a colleague.

 

 

AROUND THE WORLD; 12 Philippine Justices Resign in Scandal

AP

Published: May 7, 1982

 

Twelve of the Supreme Court's 14 justices submitted their resignations today after repeated allegations that the court fixed the bar-examination score of a member's son so that he would pass.

 

President Ferdinand E. Marcos asked the justices to appear before him on Friday but did not say whether he would accept the resignations. Mr. Marcos appointed the judges.

 

Those resigning included Chief Justice Enrique Fernando, who wept at a news conference last month as he accepted responsibility for rechecking and changing the exam score of Gustavo Ericta, son of a fellow justice, Vicente Ericta.

 

Resignations came from all court members except two justices who have been abroad and untouched by the scandal. Lawyers and angry citizens had demanded that at least the justices involved resign or face impeachment.

 

 

AROUND THE WORLD; Scandal Has Emptied Philippine High Court

UPI

Published: May 11, 1982

 

President Ferdinand E. Marcos, in an effort to restore what he called the ''prestige, integrity and good name'' of the Philippines Supreme Court, accepted the resignation of all 14 justices today.

 

The resignations, including that of Chief Justice Enrique Fernando, followed allegations that the bar examination results of Justice Vicente Ericta's son were changed in his favor last month.

 

The high court determines the passing score for the nation's bar exam. President Marcos received the mass resignation offer Thursday, but spent three days meeting with retired justices and others in the legal profession before making a decision.

 

In a letter to Chief Justice Fernando, President Marcos said he would accept the resignations of all 14 members ''in order to create a new court, without the burden of the tarnished prestige of the present Supreme Court.''

 

 

However, a CURSORY check with the Memorabilia Room section of the Supreme Court website shows that the only justices whose tenure ended on May 11, 1982 are J. Vicente Ericta and Ramon Fernandez. It would thus appear that only two justices were actually affected by the scandal. I surmise that Ramon Fernandez was the Chairman of the bar examinations and was the one approached by Ericta.

 

Note that in a decision dated April 30, 1982 (G.R. No. L-29007, Association of Rice & Corn Producers v. Nat'l. Land Reform Council) the justices then incumbent were:

 

Fernando (Chief Justice - not listed in the decision), Teehankee, Aquino, Fernandez, Guerrero, De Castro, Melencio-Herrera, Ericta, Plana, Escolin, Barredo, Makasiar, Concepcion Jr. (on leave) and Abad Santos (on official leave). It would thus seem that it was Concepcion and Abad Santos who were abroad when the scandal broke out and who did not have to resign from the Court.

 

Incidentally, in the Supreme Court law list, it appears that Gustavo Ericta was admitted to the practice of law on Dec. 21, 1982

[rocco69]

if i wanna adopt a child, can i put my name on the child's birth cert... what to do... how much...

 

Firstly, the only LEGAL adoption is an adoption granted by the Courts. In other words, the only kind of adoption that will be recognized and given effect by the law is one where you file a petition in Court to be allowed to adopt a child. The usual practice of just getting a child, and then going to the Civil Registrar and registering the child and indicating in the birth certificate of the child that the parent is the person who is presently in custody of the child is not only without effect in law, it is a crime punishable by law.

 

One of the effects of a Court-approved adoption is that the adopted child will have to use the surname of the adopter. In fact, in the petition for adoption, the prospective adopter now has the option of changing the first name of the child, i.e. if the child is already registered with the Civil Registrar, the adopter can also ask in the adoption proceedings that the name of the child be changed to the name that he wants the child to have (ex. from PHILIP to JAMES).

 

What to do: You have to see and hire a lawyer. There are requirements set down by law (RA 8552) to become a qualified adopter. A lawyer will be the best person to discuss these qualifications, as well as the procedure (trial custody, case study of the social worker, etc.).

 

How much.. depends on the lawyer

[rocco69]

hi to all... just want to ask for an advice regarding law school.. im a student trying my luck into a law school... just want to ask for tips and guides on how to pass law school entrance exam and if luck is on my side also tips and guides for the interview... hope you guys can help me... thanks a lot... hope you guys will be my compadres years from now...

 

Its always LOGIC and GOOD GRAMMAR.

 

Incidentally, if your budget is limited, it would be best to try and get into UP Law, as it seems (correct me if I'm wrong) that UP has the lowest tuition fees among the law schools here in Metro Manila (it could be hard there though if you are a working student, the academic regime being quite strenous there). If you don't get in, I think (again, correct me if I'm wrong) PUP Law would be the next best alternative, budget-wise, this being likewise a state-run institution.

[crimsonblue]

nga tol tulong naman. naghahang kc pc k. laging not respondng mga program. kung minsan nagoopen naman pero how many years bago mag open. malaki pa naman free space sa hd k. ito specs ko. 512mb ddr2, celeron d 3.6ghz shared video card. mga tol patulong naman. dapat nb me mag upgrade?

 

Naka Windows XP ka ba? Punta ka ng Control Panel - Administrative Tools - Event Viewer. Makikita mo sa mga log files na nandito kung ano ang dahilan at nagha-hang yung PC mo.

[crimsonblue]

I have tried vlc ayaw pa din

 

Try to install the Combined Community Codec Pack instead of the K-Lite Codec Pack.

 

Or better yet, install separately these codecs, filters and players:

1. Divx

2. Xvid

3. AC3Filter

4. ffdshow

5. Zoom Player

6. Media Player Classic

7. VLC

 

You can use either AVIcodec or GSpot to find the codec information of an avi file.

[tidyaxx]

patulong naman po...di ko na maback-up yung pst archive ko. may message na data error - cyclic redundancy check.

 

ano pwede gawin para pwede ko na maback-up ulit.

 

salamat.

[starkiller_blaster]

Its always LOGIC and GOOD GRAMMAR.

 

Incidentally, if your budget is limited, it would be best to try and get into UP Law, as it seems (correct me if I'm wrong) that UP has the lowest tuition fees among the law schools here in Metro Manila (it could be hard there though if you are a working student, the academic regime being quite strenous there). If you don't get in, I think (again, correct me if I'm wrong) PUP Law would be the next best alternative, budget-wise, this being likewise a state-run institution.

 

thanks for the info... i'm trying to get in ust law... hope i'll pass... is it hard to study law? what skills do i have to learn or have to be ready for law school... thanks...

[mamangtindero]

Hi, peeps!

 

You guys know something about the Maceda Law (renting/buying a house...)?

 

I'd like to know more about this and how i could benefit from it..

 

Thanks for the info in advance.

[Derio Kahn]

there are lots of downloadable files such as file recovery at www.download.com

[rick9plus]

Pag nakakuha na siya ng kopya ng certificate of marriage mula sa NSO, tingnan nya kung anong marriage license number ang nakalagay dun at kung anong Civil Registrar's Office ang nag-issue. Papuntahan mo sa kanya ang Civil Registrar's office na yun at magtanong siya dun kung nag-eexist ba ang license na yun at kung kanino naka-issue. Kung walang ganung license o di sa kanilang pangalan (bride and groom) naka-issue, YARI SIYA! Walang bisa ang kasal. Pero kung meron naman at nasa pangalan nilang dalawa, OK, valid ang kasal.

 

 

Thanks uli rocco69. It's for her to then.

 

:mtc:

[rocco69]

Hi, peeps!

 

You guys know something about the Maceda Law (renting/buying a house...)?

 

I'd like to know more about this and how i could benefit from it..

 

Thanks for the info in advance.

 

The Maceda law is RA 6552, otherwise known as the Realty Installment Buyer Protection Act.

 

In the words of Baviera:

 

the law provides in sales or financing of real estate on installment payments where the buyer has paid at least two years of installments that in case he defaults in the payment of succeeding installments, he has a right to pay, without additional interest, the arrears within a grace period of one month for every year of installment payments made; and if the contract is cancelled, the seller shall refund to the buyer the cash surrender value of payments made, equivalent to 50% of the total payments made and an additional 5% for every year after five years of the life of the contract and its extensions, if any. Actual cancellation shall not take place until after 30 days from receipt by the buyer of the notice of cancellation or demand for rescission by a notarial act, and only upon full payment of the cash surrender value to the buyer. Downpayments, deposits or options in the contract shall be included in the computation of the total number of installments made. The right to pay the arrears within the grace period could only be availed of by the buyer once in every five years of the life of the contract.

 

In case less than two years of installments were paid, the grace period within which to pay the arrears shall not be less than 60 days from the date the installment became due.

[rico_chet]

The Maceda law is RA 6552, otherwise known as the Realty Installment Buyer Protection Act.

 

In the words of Baviera:

 

the law provides in sales or financing of real estate on installment payments where the buyer has paid at least two years of installments that in case he defaults in the payment of succeeding installments, he has a right to pay, without additional interest, the arrears within a grace period of one month for every year of installment payments made; and if the contract is cancelled, the seller shall refund to the buyer the cash surrender value of payments made, equivalent to 50% of the total payments made and an additional 5% for every year after five years of the life of the contract and its extensions, if any. Actual cancellation shall not take place until after 30 days from receipt by the buyer of the notice of cancellation or demand for rescission by a notarial act, and only upon full payment of the cash surrender value to the buyer. Downpayments, deposits or options in the contract shall be included in the computation of the total number of installments made. The right to pay the arrears within the grace period could only be availed of by the buyer once in every five years of the life of the contract.

 

In case less than two years of installments were paid, the grace period within which to pay the arrears shall not be less than 60 days from the date the installment became due.

 

 

How did you know baviera? taga diliman ka ano? anong frat mo? hehehehehehehehehe

[gienbu69]

help!!! accidentally delete my autorun vbs(tinamaan kasi ng Kvirus-whatever that is)...cant open my hard disk files(drive c) anymore..ayaw na gumana yun autorun function...what should i do? appreciate advice or suggestion as to how to go about it...thnxs..

[rocco69]

How did you know baviera? taga diliman ka ano? anong frat mo? hehehehehehehehehe

 

Di lang naman taga-Diliman ang nakakaalam ng libro ni Baviera.

[Dr_PepPeR]

How did you know baviera? taga diliman ka ano? anong frat mo? hehehehehehehehehe

 

So Baviera is still there? Does she miss Ambion?

[reignman214]

im in need of a lawyer...sino ba pwede? magkano consultation fee?

 

 

what legal problem?

[apipax]

you can post your legal problem here and we will give our legal opinions free of charge.

 

:mtc:

[silvercross0816]

sir, would this mean that the father cannot ask for a reasonable visitation right? like for example, the mother of the child only allows visitation of the child on Sundays; explicitly saying that the child cannot go with the father for a trip to the mall or an amusment park, least to say eat out at a fastfood joint.

 

Is that reasonable?

 

Strictly speaking, yes. Exhaust all possible means muna of having amicable settlement in terms of the condition of support and visitation rights before you contemplate on the legal issue. Kaya ganito payo ko sa iyo kasi yan din ang sasabihin sa iyo ng korte at the start of the legal proceedings.

[C111]

to dr. pepper, nice comment on baviera and ambion, and good recollection of the 1982 ericta bar scandal.

 

to rocco69, excellent research.

 

yes the 1982 ericta bar scandal was a blackeye to the SC and the legal profession. Based on the quoted news article, CJ Fernando should not have been reappointed by Marcos for admitting he helped A colleague's son pass the bar by lowering or adjusting the passing grade. Yes, J. Ericta and J Fernandez, the chair of the bar exms, were not re--appointed. J. Fernandez also managed to help the son of Ericta somehow. And yes , the SC allowed the son of j ericta to pass and take his oath.

 

The more recent scandal involving J Purisima and his nephew saw a different result. J Purisima's nephew actaully passed the 1999 bar but was not allowed to take his oath. The son of J. Ericta should not have passed but passed bec of the lowering of the passing grade in one subject which i forget. J Purisima was reprimanded by the SC (he didnt resign nor was he removed) and half his bar fee was forfeited (about P500th)

[nightingale]

^hmmmm, that's very enlightening. and timely, now that the results of the bar exams are coming out in a month or two...Thanks bmw5

[gabriel64]

hi to all... just want to ask for an advice regarding law school.. im a student trying my luck into a law school... just want to ask for tips and guides on how to pass law school entrance exam and if luck is on my side also tips and guides for the interview... hope you guys can help me... thanks a lot... hope you guys will be my compadres years from now...

 

The entrance exams of UP and Ateneo focus on English proficiency, abstract reasoning and logic. However, they are not as hard as the US law Entrance Test (LSAT). Kung gusto mo, bili ka ng LSAT reviewer sa National Bookstore. Please note that the law entrance test of UP easier than the LSAT reviewer.

 

Sa interview ng UP, well.... you must be able to think on your feet and have courage under fire. Panel interview 'yan and they will ask you questions continuously - sometimes simultaneously - to test your nerve.

 

Be confident, listen to the questions carefully and answer. Don't be intimidated.

 

Good luck.

[gabriel64]

thanks for the info... i'm trying to get in ust law... hope i'll pass... is it hard to study law? what skills do i have to learn or have to be ready for law school... thanks...

 

 

 

It's hard to study law. My advice is, you must be sure that this is what you really want.

 

Apart from logic and good grammer, you also need good memory and good analyzing skills.

 

Speed reading skill is also a plus.

 

Btw, kung magaling kang mag-bola sa class recitation, magagamit mo 'yan sa law school at sa court. Naging useful sa practice ko ito. hehehe