legal Free Legal Advice

[Bloodraven]

Great day to our lawyer friends.

 

A little question I'd like to post.

 

I'm helping out a "friend" (lets not dwell any deeper into that-hehe) with thier finances. And took it upon myslef to help pay for thier utilities and housing.

 

Due to "difficulties", it has been rather difficult for me to move my funds to and throw.

 

vague backrounder there... anyway to the problem...

 

As per SOP whenever renting an apartment the standard 1 month advance and 2 month deposit rule applies. So fat chance that I managed to do without that. I was told this afternoon that the landlord approached them "claiming" that they were 3 months delayed. Truth of the matter is 1 month deposit was used about 3 months ago, and rent for this month has been delayed.

 

My questions are:

 

1. Doesn't the deposit cover for any delinquency in payment?

 

2. If the 3 month non-payment of rent grounds for eviction, are they just trying to push it? Rent is due every 8th of the month. I haven't payed for this month so that makes it a 1 month delay plus the 1 month deposit they used up a few months ago.

 

3. These people charge me 8k a month but gives me a 6k reciept (because thats the price stated on the contract), what can be done about that?

 

4. These people issue a bogus reciept, with bogus tax numbers...

 

Need to know what rights I can uphold here and how to tell them diplomatically if any housing laws are being broken here without having my "friend" kicked-out on her hinnies.

 

Much thanks compadres....

[MERCER]

Hi guys!

 

Have a friend who's already legally separated with her husband, but now wants to have the name of her kid changed back to her maiden name. What can she do to have this done? Do you know anybody who specializes in such and could get this done quickly? Thanks!

 

[sancho_panda]

patulong po.. may USB disk ako na 2Gigs, kaso napuno sya... ayaw mareformat... kapg itry ko i-open "pls insert disk on drive g:" lumalabas.. may magagawa pa po ba dito? thanks!

[vagabond]

I assumed your objective was to compel payment. Most people will try to avoid a criminal case since this becomes a black mark on your character and would rather settle than have it reach the courts. Part of the penalty for the bouncing checks law was imprisonment but I heard that this isn't being done by the courts anymore. I have no idea how much a lawyer costs, it might depend on your agreement with him/her.

 

 

If i may add lang po....

 

send a written demand letter, have the one who issued the check receive it (have her/him sign the receiving copy).

but it would be better if the lawyer would do that for you.

normally, the case will be directly filed in court, then the one who issued will be subjected to arraignment.

what the judge does after arriagnment is to send it to mediation wherein you guys can find a solution to the problem.

usually, the jusge just penalizes the issuer with fine twice the amount of the check.

imprisonment is usually resorted if the accused becomes a habitual offender.

tnx to both of you... are you guys interested if i take it to court? if not do you have anyone you can recommend? i'm also looking for a lawyer near my area (alabang, las pinas, p'que)...

 

also what is my recourse if the one who owes me money "disappear?"

[oliverjohnholmes]

Hi guys!

 

Have a friend who's already legally separated with her husband, but now wants to have the name of her kid changed back to her maiden name. What can she do to have this done? Do you know anybody who specializes in such and could get this done quickly? Thanks!

 

 

you may have a problem with this... as far as i know this cannot be done...

 

legal separation means that the union (or the marriage) is still valid and binding, and the only effect on the said conjugal partnership is separation physically and the dissolution of property relations between spouses... thus all rights from the fruits of the union is vested and cannot be simply changed without running afoul of other legalities...

 

a quick question, since the question stated that the child's surname be "changed back" to the mother's maiden name i surmise that the marriage came after the birth of the child? once vested with the name (by the subsequent marriage and the whole process of changing the surname) it would be quite a feat to have it reverted, unless without use of extra-legal means...

 

just my two cents...

 

[makaww]

Hi. I'm buying a condominium unit but I want the title under my child's name who is minor. Is this possible and how should I proceed about it? Thanks.

[disk_4_sale2]

Hi guys,

 

i'm planning to buy a second hand car, ung sa titingin ng makina wala ng problem. pero ang problem na lang is ung registration, paano ba ang steps para mapa register ko yung car sa pangalan ko? ano kailangan documents ang hingin ko from the previous owner?

 

meron akong nakitang car kaso parang may problem sa registration eto scenario

 

1. 3rd owner na ako kung bibilihin ko yung car

2. ung 1st owner and 2nd owner may deed of sale sila

3. sa LTO ang registered owner pa rin ay yung 1st owner, ung 2nd owner nde na niya napa transfer pa sa pangalan niya yung car

4. kailangan pa renew registration ng car

 

question ko is.

 

1. ano procedure gagawin ko?

2. magulo ba eto dahil nasa 1st owner pa yung registrations sa LTO? magkaka problem ba ako kapag pina transfer ko sa name ko?

3. should I advise the 2nd owner na ipa transfer na muna niya sa pangalan niya sa LTO? is this necessary pa? or pde na niya pa transfer sa name ko?

 

please advise..

 

would appreciate any assistance from you guys.. thanks

[dictum]

Hi. I'm buying a condominium unit but I want the title under my child's name who is minor. Is this possible and how should I proceed about it? Thanks.

 

Hi. You can buy the property and sign the documents in behalf of your minor child. As her parent, you are considered as the guardian of the minor child. However, the seller of the condominium would probably require that you secure a formal appointment in court as the legal guardian of the minor as well as an approval for the acquisition of the condo.

 

I recently handled a similar case where our VP acquired a condo to be registered under the name of her minor child. The Developer as well as the Bank who financed the acquisition, required for a formal court order appointing her as legal guardian and court approval for the acquisition of the condo.

 

So, you might be forced to file a petition for guardianship before the RTC.

 

Hope this helps.

[fauxhead]

An action for reconveyance is merely quasi in rem. While it involves real property, it does not automatically make the case in rem. Thus, it only binds the parties to the case.

 

It follows then that A, B, C, D and E should not be prejudiced by the decision. While X may be the owner of the land, a long list of SC decisions have held the right of a possessor even against the claims of an owner.

 

ok, i need help with a certiorari case.

 

basic facts:

x filed a civil case for reconveyance against y in the rtc. rtc ruled in favor of y and affirmed that the property in question was correctly titled in his favor. the decision was modified 3 times. the same was appealed to the CA and then elevated to the SC. SC dismissed it on pure technicality.

 

now, the SC issued an entry of judgment. decision is already final. y sought to execute it. (the execution would mean demanding x and all her privies to vacate the property plus demolition of all structures erected thereon, considering that x is in actual physical possession of the land). rtc issued a writ of demolition and sheriff gave a demand letter. the issuances were directed to x and her privies.

 

a, b, c, d and e are occupants of the subject premises. they were never impleaded in the civil case. they deny being privies to x. but the sheriff served them copies of the writ and the demand letter.

 

question: (1) can their properties be demolished? (though they were not made parties to the civil case and they deny their relationship with x. plus, they maintain that their occupancy was peaceful, uninterrupted...etc. they have been residing on the lot for approx. 15 years). (2) is there grave abuse of discretion on the part of the rtc when the assailed writ of demolition was issued and directed against them as well?

heeeeeeeeeelp please. i'm super confused. thanks

[bonito99]

Hi guys!

 

Have a friend who's already legally separated with her husband, but now wants to have the name of her kid changed back to her maiden name. What can she do to have this done?

 

**** As long as she's legally married, despite the separation, NO, She can not.*****

 

 

 

Thanks!

 

Edited April 28, 2007 by bonito99

[Aspire10]

help po ulit.kasi nagdelete ako sa add and remove program hindi sya maalis kahit idelete ko kasi wala na daw..then pag nag run naman ako at hinanap ko yon lumalabas naman sya.tas meron din wala sa add and remove program na files then paghanap ko naman nalabas sya sa drive C.ano po bang dapat kong gawin?help naman po.ang os ko po ay windows xp.thanks

[disk_4_sale2]

try mo kung mag work eto

 

http://faq.arstechnica.com/link.php?i=1821

[vagabond]

tnx to both of you... are you guys interested if i take it to court? if not do you have anyone you can recommend? i'm also looking for a lawyer near my area (alabang, las pinas, p'que)...

 

also what is my recourse if the one who owes me money "disappear?"

hi guys pls need your advise asap...

 

sorry for being an impatient prick...

[cydney_maldita]

i do have a prob regarding our hour *(lot) naka pangalan sa lola ko, my mom wants me to leave the house...my lola (father side) owns it....i told my mom n may equal rights lang kami, nag hiwalay kasi sila ng papa ko. i told my mom n she doesnt own the property, kasi nga naka name ito sa lola ko..sabi ng mom ko maghahanap daw sya ng abugado.possible b yun? nde ba clear na she doesnt own it? my lola told me na pwedeng umalis ang mom ko pero NOT me...WAT DO YOU THINK GUYS???may right b ako n ipaglaban n mag stay ako sa house?+

[Aspire10]

try mo kung mag work eto

 

http://faq.arstechnica.com/link.php?i=1821

salamat po,try ko

[Guest Leviticus]

UP ko lang po yung question koh..

Tanong lang guys. Yung current PC ko kasi (AMD setup), ang nadedetect lang ng Windows ay 137GB. Sabi daw, kailangan SP2 ng WinXP para madetect yung buong 160GB. Yung installer ko kasi ng XP, wala siyang integrated na SP2. Kapag bumili ba ako ng Windows XP na may SP2 Integrated, automatic na niya ba madedetect yung buong hard disk size? Yaw ko kasi magpartition sana e hatiin sa tig 80GB. Sayang.

 

when it comes to disk partitioning walang difference if you use a WinXP installer with SP2. during the pre-installation at the partitioning level, did you check if you utilized the whole partition of the hard disk? usually kasi mga 8 mb ang natitira na unpartitioned space by WinXP after installation.

 

try mo to run the WinXP installation again to view the partitions of your HDD. baka naka unpartition lang ang drive mo. better yet if alam mo gumamit ng fdisk instead of the WinXP installer to view your partitions. kasi kapag sa my computer ka lang pupunta then right-clicked on your drive to view the properties hindi displayed ang unpartitioned space.

 

usual kasi when a HDD says that it is a certain capacity kulang yan lagi like it says 80 GB siya yun pala mga 78 GB lang. pero I find it very unusual that there's a 23 GB discrepancy in your HDD.

[Guest Leviticus]

Mga bossing, ung PC dito laging sinasabi LOW DISK pero kung titinangnan mo ung PROPERTIES e wala pang 1/4 ung nagagamit sa spaces, ano kaya pwdeng problem nun [kung meron man]

Salamat po.

run a scan disc and defrag your drive. if all else fails reformat it! most likely napasukan ka ng trojan that messed with your registry

[Guest Leviticus]

Hello. I'd like to ask for your help in connecting to my linksys broadband router. I tried connectiong thru http://192.168.1.1/ but I could not access the GUI of the router. Need your help guys. Thanks

medyo kakapa lang ako with your dilemma.

 

are your computer network settings compatible with your router? dapat nakaset ang gateway mo to the proper address (the router) and your IP scheme should coincide with your router settings (192.168..). You should manually configure your IP and not automatic DHCP. keep your DNS settings blank at the TCP/IP properties.

 

usually may kasamang CD ang linksys, with a network config wizard installer. hehe.. if all else fails read your manual.

 

HTH

[Guest Leviticus]

patulong po.. may USB disk ako na 2Gigs, kaso napuno sya... ayaw mareformat... kapg itry ko i-open "pls insert disk on drive g:" lumalabas.. may magagawa pa po ba dito? thanks!

hmm.. how old is your flash disk? maybe na wear-n-tear na yan kaya bumigay na. try to find a computer with a relatively "virgin" USB slot to retrieve your files. baka kasi pudpod na ang USB slot mo :cool:

[M16A2]

The SC finally made an entry of judgement and denied the motion for reconsideration filed by the petitioners in our case. The lawyer of the petitioners did its job well to delay the administration of justice for 16 years by filing an infinite number of motions. As a result one of the petitioners is deceased. I wish the SC would revise portions of our Rules of Court which has been a subject of multiple abuses from unscrupulous lawyers.

 

Anyway what is the next step to collect the sum promulgated by the CA decision that is reposed to us? I forgot what our atty said but as I recall a notice of garnishment would be filed by the lower court. Ano pa? How long would this take?

[bonito99]

The SC finally made an entry of judgement and denied the motion for reconsideration filed by the petitioners in our case. The lawyer of the petitioners did its job well to delay the administration of justice for 16 years by filing an infinite number of motions. As a result one of the petitioners is deceased. I wish the SC would revise portions of our Rules of Court which has been a subject of multiple abuses from unscrupulous lawyers.

 

Anyway what is the next step to collect the sum promulgated by the CA decision that is reposed to us? I forgot what our atty said but as I recall a notice of garnishment would be filed by the lower court. Ano pa? How long would this take?

 

 

Writ of execution at the lower court.

 

Congratulations.

 

i do have a prob regarding our hour *(lot) naka pangalan sa lola ko, my mom wants me to leave the house...my lola (father side) owns it....i told my mom n may equal rights lang kami, nag hiwalay kasi sila ng papa ko. i told my mom n she doesnt own the property, kasi nga naka name ito sa lola ko..sabi ng mom ko maghahanap daw sya ng abugado.possible b yun? nde ba clear na she doesnt own it? my lola told me na pwedeng umalis ang mom ko pero NOT me...WAT DO YOU THINK GUYS???may right b ako n ipaglaban n mag stay ako sa house?+

 

 

YES, you have the right to stay.

 

Is your mom and dad's marriage legally terminated?

[booby_trap]

An action for reconveyance is merely quasi in rem. While it involves real property, it does not automatically make the case in rem. Thus, it only binds the parties to the case.

 

It follows then that A, B, C, D and E should not be prejudiced by the decision. While X may be the owner of the land, a long list of SC decisions have held the right of a possessor even against the claims of an owner.

 

 

ok. thanks i was just confused coz of the fact that A, B, C, D and E failed to adduce any evidence which points to their right to retain possession over the premises. they maintain that they are not privies to x. they admit that they entered the land because they had nowhere else to settle. so essentially, i consider them as possessors/builders in bad faith. will that matter?

[kenji_1989]

@Levictus

 

Ok I try that when I reformat again. Thanks

[HimuraButosay]

I have queries for the "In-House" Lawyers here at MTC, and I do hope I get a response from you guys at the soonest possible time...Here's my story:

 

My fiancee, whose of legal age already (30 years old), is being forced by her elder brother to marry her ex-BF.

Fortunately for me, my fiancee and I are happily engaged and that we are planning to get settled soon.

 

But her elder brother is really forcing & harassing her to marry her ex-BF to the point that the elder brother did 'hurt' my fiancee physically. And aside from physically hurting her, the elder is also doing some emotional damage to my fiancee.

 

Now her elder brother did something unexpected, the brother "confiscated" her belongings especially her personal ATM, credit cards, etc. My guess is, both the elder brother and the ex-BF are conniving or teaming-up to force her to submit to their will.

In addition, the elder brother is also "detaining" her inside their house, not allowing her to go out without an escort.

 

My fiancee has already taken so much abuse (both physically & emotionally) from these two goons. And I would like to end this as soon as possible.

 

My question is, can we file a criminal complaint against the elder brother to put a stop to this? Which law enforcement agency can we go to? What are my options?

 

Your quick and timely response is highly appreciated. Thank you very much and more power.

Edited April 29, 2007 by HimuraButosay

[Butsoy]

YOu can go directly to the women's desk of the nearest local police station where the woman is residing... then try convince her to file violation of R.A. 9262... you can also secure the assistance of the nearest DSWD office...

 

Butsoy

 

 

 

I have queries for the "In-House" Lawyers here at MTC, and I do hope I get a response from you guys at the soonest possible time...Here's my story:

 

My fiancee, whose of legal age already (30 years old), is being forced by her elder brother to marry her ex-BF.

Fortunately for me, my fiancee and I are happily engaged and that we are planning to get settled soon.

 

But her elder brother is really forcing & harassing her to marry her ex-BF to the point that the elder brother did 'hurt' my fiancee physically. And aside from physically hurting her, the elder is also doing some emotional damage to my fiancee.

 

Now her elder brother did something unexpected, the brother "confiscated" her belongings especially her personal ATM, credit cards, etc. My guess is, both the elder brother and the ex-BF are conniving or teaming-up to force her to submit to their will.

In addition, the elder brother is also "detaining" her inside their house, not allowing her to go out without an escort.

 

My fiancee has already taken so much abuse (both physically & emotionally) from these two goons. And I would like to end this as soon as possible.

 

My question is, can we file a criminal complaint against the elder brother to put a stop to this? Which law enforcement agency can we go to? What are my options?

 

Your quick and timely response is highly appreciated. Thank you very much and more power.