legal Free Legal Advice

[jojoendejr]

Gud AM mga repapips!

 

how can I able to protect our property and business under my fathers name to his second family?

 

I'm the one who's running the business now and my father is getting old na. Sayang ang pinaghirapan namin kung makikinabang ang iba.

 

yung kabit ng tatay ko mataray ang she's starting to make noise. Ayoko naman patulan. Just want it in a legal way.

 

Help naman mga brother!

 

You did not state kung kasal ang father mo sa woman na tinawag mong "kabit". If she's not married to him, their relationship is what we call "common-law relationship". As long as your father is alive, she has no right to make taray (if they are not married to each other). If your father has children with her, they are illegitimates. In case your father dies, each of them is entitled to a share about half of what you would receive, being the legitimate kids. At any rate, if your father dies, she has no right to whatever your father acquired prior to their cohabitation.

[redax]

Also significant to determine if his mom is still alive and the marriage subsisting as this would have a totally different implication on the current relationship of his dad with the other woman.

Edited November 9, 2007 by redax

[webmaster_ph]

Also significant to determine if his mom is still alive and the marriage subsisting as this would have a totally different implication on the current relationship of his dad with the other woman.

 

how would this affect the situation?

[yellowjacket]

You did not state kung kasal ang father mo sa woman na tinawag mong "kabit". If she's not married to him, their relationship is what we call "common-law relationship". As long as your father is alive, she has no right to make taray (if they are not married to each other). If your father has children with her, they are illegitimates. In case your father dies, each of them is entitled to a share about half of what you would receive, being the legitimate kids. At any rate, if your father dies, she has no right to whatever your father acquired prior to their cohabitation.

 

 

Also significant to determine if his mom is still alive and the marriage subsisting as this would have a totally different implication on the current relationship of his dad with the other woman.

 

Brothers! Actually my mom still ok and my father still living with my mom. Is it proper to transfer the property and business under my name? or waiver something like that?

 

coz I just want to prepare things when the time comes.

[id6230]

Agreed. That is why the petitioner is required to have a "well founded belief" that his/her spouse is dead.

 

An official declaration from the court that the spouse is legally dead.

[john_locke]

Sec. 34. Disloyalty of a director. — Where a director, by virtue of his office, acquires for himself a business opportunity which should belong to the corporation, thereby obtaining profits to the prejudice of such corporation, he must account to the latter for all such profits by refunding the same, unless his act has been ratified by a vote of the stockholders owning or representing at least two-thirds (2/3) of the outstanding capital stock. This provision shall be applicable, notwithstanding the fact that the director risked his own funds in the venture.

If its a corporation, you cannot avail of termination of partnership, since that would only apply to a partnership. Eh, korporasyon nga ang sa inyo.

Di nyo rin naman siya pwedeng tanggalin kasi 2/3rds ang kailangan nyong boto, eh 60% yung kanya. One option would be to withdraw from the corporation by selling your stock. You can then bring with you your workers if they are willing to get out with you.

agree. the decision will be based on votes of the majority.

 

Mga sirs, thank you! sorry took me long to post.

 

So 2/3rds pala ang kailangan para tanggalin sya.

 

Also, it is mentioned sa "section 34" na 2/3rd din ang kailangan to ratify his act.

 

So we have a case then...kung sakali lang na bweltahan kami or baka ipitin yung share na para sa amin sa pag-withdraw namin sa corporation.

 

Many thanks!

[webmaster_ph]

no problem. glad to be of help.

[redax]

how would this affect the situation?

 

Art. 739 Civil Code provides that donations made between parties who were guilty of adultery or concubinage at the time of the donation are void.

 

Art. 1028: The prohibitions mentioned in Art. 739, concerning donations inter vivos shall apply to testamentary provisions.

 

These provisions prohibit the concubine from acquiring any asset from the father through donation or inheritance when the donation or will is made during the subsistence of their illicit relationship.

[webmaster_ph]

i received word that sec doesn't provide official receipts when registering a company.

 

is this true? how is this possible since sec is a gov't entity?

[bonito99]

Not true.

 

Just registered/incorporated a number of new companies recently.

Edited November 11, 2007 by bonito99

[webmaster_ph]

thanks bro.

 

we need the receipts as proof.

[nissan_r32]

masters sorry kung kulit ko...

 

 

i really cant find the exact amount i should pay for the item i want to bring in as ofw.

 

diba may table yan or chart para makita kung ilang percent yung tax sa certain product???

 

please help me with this one

[mp_nyaker]

need advise po mga masters regarding this matter

 

i work for a well-known international bank and im very happy with my 2yrs stay w/ the company until these past few months parang niloloko na kami ng mga bossing namin we were forced to

worked from 7am - 530pm and up though ang ot pay namin is hanggang 5:30 lang then after that thank you na ang mga sumunod na oras. at eto pa ang isang nakakabwisit na nangyari sa min kanina

from 7am - 11am down ang system na ginagamit namin sa pagtatrabaho at naayos lang sya ng 11am na then we were forced to work til 7pm para daw dun sa oras na wala kaming ginawa. tama po ba yun o forced overtime yung ginawa sa min kanina? baka meron sa inyo na taga DOLE jan or NLRC need help po.

[ramsstein21]

Is there a way to get married without asking for the parents consent of each parties? Would it still be legal (with papers)?

[bonito99]

Is there a way to get married without asking for the parents consent of each parties? Would it still be legal (with papers)?

 

yes, there is.

 

what are the ages of the couple?

 

parental consent is material only for declaring the marriage void.