legal Free Legal Advice

[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.

[lomex32]

Go to the nearest police station.... report this violation for RA 9263

Seek help also from DSWD

Ben Tulfo's BITAG - 9328719

 

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:

[marky88ph]

try mo rin toh sir:

 

http://www.intelliadmin.com/blog/2006/05/a...ew-version.html

 

no spyware whatsoever. works great for me.

[MERCER]

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...

 

 

if she had her marriage annulled... would then she be able to change her kid's name to her maiden name? what other stuff would she need?

[HimuraButosay]

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

 

can my fiancee file a TRO against her brother?

[HimuraButosay]

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

 

and I forgot to thank you...Thank you so much !

[HimuraButosay]

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 did some research & reading on RA 9262, and it states:

 

"SEC. 3. Definition of Terms.- As used in this Act, (a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harrasment or arbitrary deprivation of liberty."

 

The abuse is being perpetrated by my fiancee's elder brother, so can we still file a complaint under RA 9262 using the said instance since its the ELDER BROTHER whose doing the abuse? Just want to consider every aspect before we take actions.

 

Thank you ever so much, and more power to your tribe.

[makaww]

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.

 

Thanks for the advise.

[Bloodraven]

Hi just wanted to ask another question from our MTC compadres.

 

I would like to know the legalities concerning a parcel of land named after my mom who passed away in 1989.

 

As afore mentioned, the land was named after my mom and is currently in the "safe keeping" of my uncle. It's been 13 years and this parcel of land has remained in its static state. I was hoping that since the person holding the title would help in disposing the estate.

 

My question is that given the time, can I still reacquire the land and title seeing that it is part of my mom's estate? In the past I was made to sign various documents, and to be honest I am unsure whether or not one of those documents was to transfer the title to thier name (too trust worthy I guess, alam nyo naman ang family values dito sa pinas, trust your elders... I was 21 y.o.) and if I did, is thier anyway to disclaim having full knowledge of the content of the document?

 

To tell you the truth I am unknowledgeable of other things that I may need to know to reclaim the land. I am doing this for my interest as well as my brothers. Your much needed help regarding this matter would be greatly appreciated.

[kayesantos]

can my fiancee file a TRO against her brother?

 

 

the fastest one is to get a barangay protection order (BPO) kung same barangay sila.

 

she can also go to court (RTC) and file fior a Temporary Protection Order (TPO). the court will prohibit her brother and his accomplices of getting near your fiancee.

[bonito99]

if she had her marriage annulled... would then she be able to change her kid's name to her maiden name?

 

 

Nope. And I do not think the situation would fall under the exception.