legal Free Legal Advice

[Stainless Steel]

hindi ko po alam kung dito dapat itanong to pero bahala na..bumili po kasi ako ng brandnew laptop sa mall last july 28. august 10 nalaman ko na defctive yung speakers nya. august 14 dinala ko yung laptop sa kanila para macheck up nila and nung maconfirm na defective nga, i demanded na palitan nila ng bagong unit since bagong bili lang yun.. Sept 1, pinalitan nila yung unit. ang problema po, yung pinalit nilang unit ay malamang hindi brandnew kasi maraming gasgas at maingay ang dvd-rom drive. mas mukha pang brandnew yung pinalit kong laptop. mukha po kasing niloloko na ko ng pinagbilhan kong shop sa mall. ano po dapat gawin ko?

[Jack Bauer]

Somebody who owes me money is not paying after 1 year.

I have the actual bounce check dated April 2007 and his signed promissory note to settle it end of August this year.

What is the best thing to do?

Gusto ko sana sya dalain.

[Wolf]

Somebody who owes me money is not paying after 1 year.

I have the actual bounce check dated April 2007 and his signed promissory note to settle it end of August this year.

What is the best thing to do?

Gusto ko sana sya dalain.

BP 22.

Send him a demand letter signed by a lawyer in preparation for the actual filing of the case.

Baka sa letter pa lang, magbayad na.

[silent_operator]

sa mga lawyers,

 

i have a question regarding annulment / separation.

 

Back in 2001 or 2002 my sis-in-law had fight with my brother and she took their kids and left the house. She never came back. She sued my bro for beating the kids and her but never naman nangyari yun. meron isang time nag-away sila siguro napalo ng bro ko yun sis-in-law ko but nothing serious. bro ko rin naman nahampas rin ng sis-in-law ko.. i would like to say na normal lang kapag nagaway na may konting physical moments but anyway none of the charges sticked.

 

1. May mga gamit yun sis-in-law at kids nila na iniwan sa bahay ng bro ko. like old clothes and etc. puwede bang i-dispose mga yun? sabi ng friend ng kuya ko, wag daw baka may maisip pa ng panlaban sa kuya ko. ang suggestion ko sa kuya ko baka puwedeng nya padalhan ng notice sa asawa nya to get her thing by a certain date otherwise i-di-dispose nya. Puwede ba ito? kaya lang namin gusto i-dispose kasi dumadami basura sa bahay baka pwuede magbawas.

 

2. Is there a limit sa law natin in terms of number of years separated? like kapag may x number of years kayo separated, puwede na kayo mag-file ng annulment.

 

3. kapag di cooperative yun girl na magpa-annul, kunwari gusto nya lang manggulo or gusto nya maghabol ng future mana ng kuya ko, may ibang way ba para ma-annul? assuming wala rin sya ibang boylet.

 

4. May rights ba kuya ko to visit his kids? like puwede ba nya i-demand na ilalabas nya kids nya once a week? or matulog sa bahay nya every so often? can he demand that from his wife?

 

 

Salamat ng marami.

 

William

[silent_operator]

May ibang tanong naman ako..pasensya na kung marami po akong tanong.. hehehe..

 

 

Eto naman tungkol sa non-compete clause..

 

 

May pinirmahan kaming non-compete clause sa dati namin company tapos nun binili sya may panibagong non-compete clause uli. Iba yun restrictions nun dating non-compete at yun bagong non-compete. Ang tanong ko eh may effect pa ba yun dating compete since may bago na kaming non-compete na pinirmahan sa bagong company na bumili nun dating company namin? Does the new one supercede the old one? Or add-on yun bago sa luma at in effect pa rin yun luma. Walang nakalagay kasi sa bagong non-compete that specifically indicates na add-on sya sa dating non-compete or did it say na it supercedes the old one. Kung ganun na walang nakasulat, ano yun susundan ng batas?

 

 

Salamat ng marami

 

 

William

[Wolf]

May ibang tanong naman ako..pasensya na kung marami po akong tanong.. hehehe..

Eto naman tungkol sa non-compete clause..

May pinirmahan kaming non-compete clause sa dati namin company tapos nun binili sya may panibagong non-compete clause uli. Iba yun restrictions nun dating non-compete at yun bagong non-compete. Ang tanong ko eh may effect pa ba yun dating compete since may bago na kaming non-compete na pinirmahan sa bagong company na bumili nun dating company namin? Does the new one supercede the old one? Or add-on yun bago sa luma at in effect pa rin yun luma. Walang nakalagay kasi sa bagong non-compete that specifically indicates na add-on sya sa dating non-compete or did it say na it supercedes the old one. Kung ganun na walang nakasulat, ano yun susundan ng batas?

Salamat ng marami

William

The new one supercedes the old one.

[Wolf]

For silent operator

 

Back in 2001 or 2002 my sis-in-law had fight with my brother and she took their kids and left the house. She never came back. She sued my bro for beating the kids and her but never naman nangyari yun. meron isang time nag-away sila siguro napalo ng bro ko yun sis-in-law ko but nothing serious. bro ko rin naman nahampas rin ng sis-in-law ko.. i would like to say na normal lang kapag nagaway na may konting physical moments but anyway none of the charges sticked.

 

1. May mga gamit yun sis-in-law at kids nila na iniwan sa bahay ng bro ko. like old clothes and etc. puwede bang i-dispose mga yun? sabi ng friend ng kuya ko, wag daw baka may maisip pa ng panlaban sa kuya ko. ang suggestion ko sa kuya ko baka puwedeng nya padalhan ng notice sa asawa nya to get her thing by a certain date otherwise i-di-dispose nya. Puwede ba ito? kaya lang namin gusto i-dispose kasi dumadami basura sa bahay baka pwuede magbawas.

 

Tama ang kuya mo.

Baka lalo lang gumulo e.

 

2. Is there a limit sa law natin in terms of number of years separated? like kapag may x number of years kayo separated, puwede na kayo mag-file ng annulment.

 

Wala pong ganun sa batas natin sa annulment.

 

3. kapag di cooperative yun girl na magpa-annul, kunwari gusto nya lang manggulo or gusto nya maghabol ng future mana ng kuya ko, may ibang way ba para ma-annul? assuming wala rin sya ibang boylet.

 

By " not cooperative," do you mean the wife will contest any annulment that your brother will file?

Di ko masyadong gets e.

 

Marami pong grounds sa annulment at declaration of nullity.

 

4. May rights ba kuya ko to visit his kids? like puwede ba nya i-demand na ilalabas nya kids nya once a week? or matulog sa bahay nya every so often? can he demand that from his wife?

 

Oo naman.

Siya pa rin naman ang father e.

Pag ayaw ng wife, he can ask for the court's help.

[silent_operator]

Wolf,

 

First off, salamat sa sagot mo.

 

Second, when I said not cooperative, feeling namin di papayag yun girl. parang gusto nya lang manggulo. Kasi ganito yun, in a normal couple, when they separate, di ba napaguusapan naman yun na magpa-annul na kayo para each can go their own way. Yun asawa nya parang gusto lang kasuhan kuya ko kahit walang grounds. So I think kapag kinausap yun sis-in-law ko for her cooperation para ma-annul na, hindi papayag yun.

 

Kung ganun ba, anong mga grounds na puwedeng gamitin for annulment?

 

 

Maraming salamat uli.

[nop90]

When it comes to the adult industry in PH what is legal and what is not.

 

From this board i have learned that I go to a ladybar and i can buy lady drinks for a GRO's company.

If theoretically we wish to do something out side that bar, i pay the bar fine.

Then since she is no longer working, if we engage in sexual activity it is legal, since she is not getting paid for it.

 

Are strippers legal in PH ?

If they are legal are they allowed to take everything off ?

 

I remember a few months back a foriegner was arrested for having in his house women doing webcams.

Providing that the women are 18+ is this illegal ?

 

The laws are very confusing here .

on the surface it seems to be legal but .....

 

anyway just curious

[Wolf]

Wolf,

 

First off, salamat sa sagot mo.

 

Second, when I said not cooperative, feeling namin di papayag yun girl. parang gusto nya lang manggulo. Kasi ganito yun, in a normal couple, when they separate, di ba napaguusapan naman yun na magpa-annul na kayo para each can go their own way. Yun asawa nya parang gusto lang kasuhan kuya ko kahit walang grounds. So I think kapag kinausap yun sis-in-law ko for her cooperation para ma-annul na, hindi papayag yun.

 

Kung ganun ba, anong mga grounds na puwedeng gamitin for annulment?

Maraming salamat uli.

Actually, preferred ng law is walang mutual consent na maghiwalay.

Ang policy kasi is protect all marriages, kaya nga hinihingan ng opinion ang solicitor general sa lahat ng cases ng annulment o declaration of nullity.

 

The grounds for annullment or declaration of nullity of marriage can be found at the Family Code.

Look up Artcles 4, 35-38, 45, 46, and 53.

Edited September 7, 2007 by Wolf

[Wolf]

MGA PRE, TAMA BA TUNG MORATORIUM SA LAHAT AIRCRFAT MECHANIC AND PILOTS SA LUFTHANZA AND PAL AIRLINE, DIPA ILLEGAL 2, LABAG TO SA RIGHTS NATIN???

PAKI TULUNGAN NAMAN, ANO PUEDE REMEDYO PARA MAALIS TO????

 

SALAMAT

Err... ano po yung moratorium na yun?

[nop90]

Providing all participans are 18 and over, and they are all consenting adults.

Is it legal to produce a porn in philippines ?

 

If a model does a live sex show on webcam over the internet, for money is that legal ?

(assuming s/he is over 18 etc).

 

In most states in america prostituion is legal.

But advertising is not, or if i ask a woman to have sex with me for $$$ that is a crime.

But if somehow we just have sex and i give her $$$ all is cool .

 

Assuming that production of porn, and internet sex shows are legal in PH, am is it legal to ask how a model would cost ?

Also for live internet sex show, would i be allowed to hire someone to do that ? Assuming proper labor laws are met.

What licensing etc is required.

[id6230]

Providing all participans are 18 and over, and they are all consenting adults.

Is it legal to produce a porn in philippines ?

 

If a model does a live sex show on webcam over the internet, for money is that legal ?

(assuming s/he is over 18 etc).

 

In most states in america prostituion is legal.

But advertising is not, or if i ask a woman to have sex with me for $$$ that is a crime.

But if somehow we just have sex and i give her $$$ all is cool .

 

Assuming that production of porn, and internet sex shows are legal in PH, am is it legal to ask how a model would cost ?

Also for live internet sex show, would i be allowed to hire someone to do that ? Assuming proper labor laws are met.

What licensing etc is required.

 

Pornography and Prostitution is ILLEGAL in the Philippines

[danalin]

Could anybody advise me of a good lawyer who can deal with a rent contract.

I still have 16 months of the rent contract left to go, but will be moving to Qatar shortly to start a new job.

 

The contract states (shortened version):

In case of pre-termination during the first year of the lease, the two months security deposit shall be forfeited.

 

But the landlord is claiming I must pay the rent as well.

[id6230]

Could anybody advise me of a good lawyer who can deal with a rent contract.

I still have 16 months of the rent contract left to go, but will be moving to Qatar shortly to start a new job.

 

The contract states (shortened version):

In case of pre-termination during the first year of the lease, the two months security deposit shall be forfeited.

 

But the landlord is claiming I must pay the rent as well.

First, you should determine if your contract was a lease or a rental contract. Because the 2 have different implications legally. If it was a rental agreement you might be able to get "off the hook" but if it was a lease you can be liable for the whole term of the lease. The best thing to do is just have a "person to person" talk to the landlord and explain your situation. Baka lalambot ang puso niya at he will just cancel the lease agreement. You might get a different result if you become "aggressive".

[silent_operator]

Actually, preferred ng law is walang mutual consent na maghiwalay.

Ang policy kasi is protect all marriages, kaya nga hinihingan ng opinion ang solicitor general sa lahat ng cases ng annulment o declaration of nullity.

 

The grounds for annullment or declaration of nullity of marriage can be found at the Family Code.

Look up Artcles 4, 35-38, 45, 46, and 53.

 

 

 

I looked into the articles..malabo. salamat sa tulong

[linux_distro]

Could anybody advise me of a good lawyer who can deal with a rent contract.

I still have 16 months of the rent contract left to go, but will be moving to Qatar shortly to start a new job.

 

The contract states (shortened version):

In case of pre-termination during the first year of the lease, the two months security deposit shall be forfeited.

 

But the landlord is claiming I must pay the rent as well.

 

Sir any lawyer is competent to deal with a rent contract. Try the PAO or your local IBP office they may offer free legal advise.

 

Based on the wordings of the contract, only the 2 months security deposit can be forfeited; thus, you can be compelled to pay only for the months you actually occupy the property. You can challenge the landlord to show the provision of the contract forfeiting rentals. Just be sure to read the other provisions of the contract, like how many months notice is required for pre-termination ... if the contract says 2 months and you give notice only today September 10, you can be compelled to pay for the September 10-October 10 and October 10-November 10 rentals.

 

Hope this helps.

[linux_distro]

hindi ko po alam kung dito dapat itanong to pero bahala na..bumili po kasi ako ng brandnew laptop sa mall last july 28. august 10 nalaman ko na defctive yung speakers nya. august 14 dinala ko yung laptop sa kanila para macheck up nila and nung maconfirm na defective nga, i demanded na palitan nila ng bagong unit since bagong bili lang yun.. Sept 1, pinalitan nila yung unit. ang problema po, yung pinalit nilang unit ay malamang hindi brandnew kasi maraming gasgas at maingay ang dvd-rom drive. mas mukha pang brandnew yung pinalit kong laptop. mukha po kasing niloloko na ko ng pinagbilhan kong shop sa mall. ano po dapat gawin ko?

 

Sir, why not try filing a complaint with the DTI, 385 Industry and Investments Bldg., Sen. Gil Puyat Ave., Makati City. Just ask the guard to direct you to consumer complaints division its in the 2nd floor, you will be asked to fill up forms, be sure to bring with you the receipts and warranty cards.

 

Good luck.

[IT]

Sir,

 

I loaned an amount last year from avery well known bank. Unfortunately, due to unforseen circumstances di ko na kayang bayaran yung loan. Binigyang po nila ako ng taning ast di ko parin mabayaran kahit yung minimum. The day after the deadline they gave me a text telling me that they filed a case against me and that my property and even my bank account ... even my payroll will be on HOLD. Is this possible? That they will have access even to my payroll?

[Wolf]

Yes.

It's called garnishment.

 

Until you receive a summons, wala pang case filed against you.

[LUC1FERUS]

Im sorry Jake but I have never heard of a garnishment (arising from a case for sum of money) being issued against one's payroll/salary.

 

Yes.

It's called garnishment.

 

Until you receive a summons, wala pang case filed against you.

[IT]

Yes.

It's called garnishment.

 

Until you receive a summons, wala pang case filed against you.

 

Follow up question and clarification lang. They can't DO anything until the case is filed and HEARD di ba. Until then I can still access my accounts and payroll?

What if after Summoned, hindi nagpakita sa court hearing what would be the automatic outcome?

can you please expound on the term Garnishment?

Thanks

[LUC1FERUS]

Article 1708 (Civil Code) states: The laborer's wages shall not be subject to execution or attachment, except for debts incurred for food, shelter, clothing and medical attendance.

[IT]

Article 1708 (Civil Code) states: The laborer's wages shall not be subject to execution or attachment, except for debts incurred for food, shelter, clothing and medical attendance.

 

Sir, medyo mangungilit lang talaga ako. Medyo this phrese is abit ambigous "except for debts incurred for food, shelter, clothing and medical attendance". Could you please expound...

 

If not payroll ... what are the assets that a bank can attach in cases of unpaid loans?

[LUC1FERUS]

Do allow me to correct myself. In Gaa vs. CA (140 SCRA 304), the Supreme Court held that what is exempt from execution under Art. 1708 of the Civil Code are wages of ordinary laborers. The Court explained that the exemption does not cover "salaries" since the latter "denotes a higher degree of employment or a superior grade of services and implies a position of office".

 

However, Section 13( 1), Rule 39 of the Rules of Court states that "salaries, wages or earnings of the judgment obligor for his personal services within the four months preceding the levy as are necessary for the support of his family" shall be exempt from execution.

 

All real and personal property not otherwise declared exempt by law may be the subject of execution. The exemptions may be found under Rule 39, Section 13 of the Rules of Court . Also check Articles 152-162 of the Family Code for the rules on the exemption of the family home. You can find both the Rules of Court and Family Code through google. Just tyoe the words and add Philippines.