legal Free Legal Advice

[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.

[bonito99]

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.

 

 

As long as your mom has children (you and your brothers), your uncle has no right over your mom's estate.

 

Where's your dad?

[caps19s]

how can i put upto the limit of this core 2 1.86g processor?

a 1 gig memory will do?

what video card should i put into it?

[kayesantos]

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

 

 

for the reason that they are LEGITIMATE children

Edited May 3, 2007 by kayesantos

[paupawie]

question - can i connect an IDE hard drive as a slave to my SATA hard drive? if yes, how?...thanks po!

[kenji_1989]

how can i put upto the limit of this core 2 1.86g processor?

a 1 gig memory will do?

what video card should i put into it?

 

2 gigs of RAM

Geforce 8800GTS/GTX

buy a Zalman CPU Cooler and Artic Silver 5 thermal paste and OC it like hell up to 3.0Ghz with no problem..

[Don Carleone]

2 gb better.. 7 series should b enuf for ur vid card..

[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?"

pls advise...

 

also how long is the check valid since the day it was issued? 6 months for all banks right?

[Bloodraven]

As long as your mom has children (you and your brothers), your uncle has no right over your mom's estate.

 

Where's your dad?

 

 

My dad's lives in the states, but is here in manila right now. My parents separated when I was 8 yo, not legally though. So I guess that would mean that my dad is entitled to handle my mom's estate right? And would that also mean that whatever document I "might" have signed is considered null and void? Really need help with this guys so that I'd know how to best proceed with whatever I have planned.

 

thank you, THANK you, THANK YOU!

[Bloodraven]

As long as your mom has children (you and your brothers), your uncle has no right over your mom's estate.

 

Where's your dad?

 

 

My dad's lives in the states, but is here in manila right now. My parents separated when I was 8 yo, not legally though. So I guess that would mean that my dad is entitled to handle my mom's estate right? And would that also mean that whatever document I "might" have signed is considered null and void? Really need help with this guys so that I'd know how to best proceed with whatever I have planned.

 

thank you, THANK you, THANK YOU!

[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?"

pls advice...

[vagabond]

checks have a "life span" of 6 months after their date of "issue" right?

[kupsi]

help!!!

 

i have a series of pics that i would like to convert into an animated gif file. (tama ba?)

 

i have read somewhere that pwede using adobe image ready. i tried it pero when saving, di daw supported ang jpeg.

 

can anyone help me with this?

 

salamat po.

[wattleferdz]

I havent read the whole thread as the legal thread is sputtered and all but if a check was issued (which has a lifespan of six months from the date of issue), and said check bounced off, then the issuer has three (3) days to make good of the check, otherwise, he will be held liable for violating BP22 otherwise known as "Anti-bouncing check law".

 

It is advisable that you make a written demand so as to meet the civil law requirement of "demand" (there is no delay if there is no demand). Please exert diligent efforts in demanding payment as it is very unfortunate that relationships has to be blemished by money.

 

As to your question of what to do if the debtor suddenly disappears, it is advisable to make your action from "in personam" to "quasi-in rem" meaning you file with the court a writ of attachment or garnishment of any property (better if real estate) to force said person to exert efforts to reclaim the attached property. I strongly suggest you do this soon so as to not give said person the opportunity to abscond.

 

As to the penalty, BP 22 Sec. 1 par 1 provides a penalty of imprisonment of not less than 30 days but not more than 1 year or by a fine of not less than, but not more than double, the amount of check.

 

Please take note that you can also study the matter of whether or not a case of estafa be filed separately against your debtor.

[sun_dancer]

question....

 

what would happen if i havent paid my credit card dues and it was already forwarded daw sa legal tapos wala pa rin ako pambayad talaga?

 

di ba ang masama lang naman yun pag nag bigay ka ng check na mag bounce?

 

 

 

pero pano kung wala pa pambayad talaga but willing to pay them,like waiting for the midyear bonus to pay them or something?

[Silas]

Can anyone help me out with my SAMBA PDC creation? The environment has WinXP workstations and belonging to the default workgroup "WORKGROUP"

 

I followed all the sample lab/setups but still i receive message such as the one below...

 

******************************

 

The domain name TESTDOMAIN might be a NetBIOS domain name. If this is

the case, verify that the domain name is properly registered with WINS.

 

If you are certain that the name is not a NetBIOS domain name, then the

following information can help you troubleshoot your DNS configuration.

 

An error occurred when DNS was queried for the service location (SRV)

resource record used to locate a domain controller for domain

TESTDOMAIN.

 

The error was: "No DNS servers configured for local system."

(error code 0x0000267C DNS_ERROR_NO_DNS_SERVERS)

 

The query was for the SRV record for _ldap._tcp.dc._msdcs.TESTDOMAIN

 

For more information, click Help.

 

**********************************

 

My smb.conf looks like this:

 

# /etc/samba/smb.conf

# samba configuration file

# last updated: 06/06/2007 by chldr

 

[global]

;basic server settings

workgroup = TESTDOMAIN

netbios name = phoenix

server string = Samba PDC running %v

socket options = TCP_NODELAY IPTOS_LOWDELAY SO_SNDBUF=8192

SO_RCVBUF=8192

 

;PDC and Master Browser settings

os level = 65

preferred master = yes

local master = yes

dns proxy = no

wins support = yes

domain master = yes

 

;security and logging settings

domain logons = yes

log file = /var/log/samba/log.%m

log level = 2

max log size = 50

hosts allow = 127.0.0.1 192.168.1.0/255.255.255.0

 

;user profiles and home directory

logon home = \\%L\%U\.profile

logon drive = H:

logon path = \\%L\profiles\%U

username map = /etc/samba/smbusers

logon script = netlogon.bat

add machine script = /usr/sbin/adduser -n -g machines -c phoenix -d

/dev/null -s /bin/false %u

 

;sync UNIX passwords

unix password sync = yes

passwd program = /usr/bin/passwd %u

passwd chat = *New*UNIX*password* %n\n *Retype*new*UNIX*password* %n\n *Enter*new*Unix*password* %n\n *Retype*new*Unix*password* %n\n *passwd:

*all*authentication*tokens*updated*successfully*

 

#===SHARES===

 

[homes]

comment = Home Directories

browseable = no

writeable = yes

valid users = root, silas

 

[profiles]

path = /home/samba/profiles

writeable = yes

browseable = no

create mask = 0600

directory mask = 0700

 

[netlogon]

comment = Network Logon Service

path = /home/netlogon

browseable = no

 

 

******************

 

I've been trying this out since last week and can't seem to make it work! I'm using 1 laptop and a PC, with RedHat Enterprise 4.0

installed. I've got Samba version 3.0.10-1.4E.2. Does this mean that i still need a separete WINS or DNS for this?

 

I'm testing this on a private network without WINS or DNS servers.

We only have DNS server provided by the ISP but no WINS Server.

 

I've already included the SAMBA PDC in the WinXP "hosts" file

 

192.168.1.1 phoenix (Yes! 192.168.1.1 is the IP address of the SAMBA PDC)

 

 

 

I've read that you can go away without using LDAP as long as I don't exceed 250 users.

Our company has only less than 50 employees.

 

PLEASE HELP! STILL IN OBLIVION!

 

 

MTC Samba Gurus out there, I need your help! tnks in advance!

 

silas