legal Free Legal Advice

[Mr. Zygote]

gOOD bOY:

 

What's the role of admin? what are his powers? can he/she edit or disallow posts made by members or guests? the answer to this questions will determine the liability of admin if and when members or guests make "kagaguhan"---which causes iability to third person--- in here.

 

On my own point of view the provisions of our libel laws, as it is worded, include libelous remarks posted in the internet. Our jurisprudence however dont have any resent case on libel involving libelous remarks posted in the internet. if you read one inform me.

The best thing to do is avoid libelous remarks... be responsible... freedom of speech and press carries with it corrresponding responsibilities.

 

Butsoy

Good evening Sir Butsoy. I am not questioning your credibility, this is more on asking for more information. In other words, wala pa tyong existing cyber law? Sir, ask ko lang, bkit may napapanood ako sa news, kasama NBI, track down nila mga taong ginagawang black mail yung pag post ng nude picture sa for example, You Tube, illicit sites, etc. then eventually put in jail. May depensa ba yung accused dito using the said cyber law that still does not exist in our country?

[japlog]

Our company is based in Japan and we have a branch office here in the Philippines. The office here is registered but we need to change the registered company name as the company name of our head office has been changed. I think the first step is to go to SEC to apply for a change in our company name but I have no idea at this moment what are the legal documents i need to bring along. Can someone guide me through this?

 

Really appreciate if anyone can help.

[azayco]

japlog:

 

I am not aware of any regulation which addresses your concern. The SEC though may have some internal rules in this regard. It is therefore best to call them. You can talk to Atty. Sales, the assistant director of the Company Registration & Monitoring Department.

 

Offhand (and this is purely a guess), I would say that the requirements would be similar to an amendment of the articles of incorporation of a domestic corporation. The requirements are:

 

1. Board resolution or certification attesting to the change of name of the foreign parent corporation

 

2. Authenticated copy of the amended charter documents of the foreign parent company (with English translation if the original is in Japanese)

 

There is also a recent regulation on corporate names which requires branches of foreign corporations to append "Phils." or "Philippines" to their corporate names.

 

Good luck.

Edited August 29, 2008 by azayco

[WOlfverine73]

Good am po Bro. need k lang ng legal advice? I recently sold my internet shop lately and i was paid for it but i have left a billing of say 24k for internet and telephone charge to the one who bought the internet shop, they treat and subpoena me for not paying them, i try to settle them by paying partial for until recetly i was able to finally able to pay the amount, but they insist that it was still partial, they have insist that i pay june to july internet bill that they use, we have sold the shop to them may 2008. my question po my pananagutan p b k dun eh wala n kami dun sila n naka puwesto? may legal pa b ako hakbang laban sa kanila kase naharass kami, me and my familly saying that i still have a large amount of money that i owe them. they harass me by coming to our family celebration and made this accusation. Hope you could me po Bro.

[sleep_heavy]

any query about legal problems...? wag kang mahiya.. free legal advise ni Butsoy...

I have a civil matter pending before the courts at the moment... my other half's case actually. Sucession issue... the question I have pertains to the fact that in the middle of the process the Judge whose jurisdiction the case fell, suddenly fell seriously ill... the dude had to get a bypass and has not been reporting to his sala for more than sixty (60) days now... what is the usual practice when the judge handling a particular case like this gets sick? We have a pending motion for him to reply to and it has almost been four months now and he has not been able to give a ruling on our pending motion... what kind of procedure is followed in cases like this... what options can we take as plaintiffs in the issue??? There is a denial of speedy trial here and its very annoying...

 

 

 

[sleep_heavy]

any query about legal problems...? wag kang mahiya.. free legal advise ni Butsoy...

I have a civil matter pending before the courts at the moment... my other half's case actually. Sucession issue... the question I have pertains to the fact that in the middle of the process the Judge whose jurisdiction the case fell, suddenly fell seriously ill... the dude had to get a bypass and has not been reporting to his sala for more than sixty (60) days now... what is the usual practice when the judge handling a particular case like this gets sick? We have a pending motion for him to reply to and it has almost been four months now and he has not been able to give a ruling on our pending motion... what kind of procedure is followed in cases like this... what options can we take as plaintiffs in the issue??? There is a denial of speedy trial here and its very annoying...

 

 

 

Edited September 2, 2008 by sleep_heavy

[sleep_heavy]

The aknowledgment is an affidavit. But some Civil Registrars might conclude a different notarized affidavit legally infirm as against the acknowledgment at the dorsal side of the Birth Certificate. Though if he will affirm and confirm the affidavit as duly executed by him at the Civil Registrar it will probably have the same effect.

 

 

in the case of my cousin similar to yours, the man really has to sign the dorsal side of the birth certificate... he needs to acknowledge that the dude is his child....

 

 

 

[bakal357]

I'm just new here. I'm glad I saw this thread. I havent read most of the in-between-posts on this thread so I don't know if my uestion was already asked (before). Since this is a dating site, hehehe, I think this is a great venue.

 

Question to any lawyer here: For example, me and one of the member here (we are both in a legal age already) had an agreement of casual dating (and sex, cyempre). Then, I got pregnant accidentally. Eventhough were not bound with anything since we are not legally or romantically linked, do I have the right to pursue some legal actions to the guy to suport the child? What are his rights too regarding the situation?

 

Because as what I know, eventhough the child would be an illegitimate child, he/she still has the rights for a child suport from her biological father right?

 

I'm not sure if it would fall into Family Code, am I right?

 

Thank you. :*

 

You can go after the father for support... Even though the child is illegitimate. Provided however the child is recognized by the father. How? By the father's acknowledgment that the child is his through signing in the birth cert. Or by making a public declaration that he acknowledges the child... i.e. through a public instrument. Or by constantly being with the child and acknowledging the child as his. The unpopular mode is through a private instrument... (such as a holographic will)

 

I in case he does not acknowledge the child... you can file a case in court for recognition... and include in the case a petition for support per lite dente. (support during a pending litigation)

 

NOTA BENE: Recognition must be during the lifetime of the father... (so that the child can enjoy the benefits of the legitime as an heir) hehehehehe...

[pol22366]

I have a civil matter pending before the courts at the moment... my other half's case actually. Sucession issue... the question I have pertains to the fact that in the middle of the process the Judge whose jurisdiction the case fell, suddenly fell seriously ill... the dude had to get a bypass and has not been reporting to his sala for more than sixty (60) days now... what is the usual practice when the judge handling a particular case like this gets sick? We have a pending motion for him to reply to and it has almost been four months now and he has not been able to give a ruling on our pending motion... what kind of procedure is followed in cases like this... what options can we take as plaintiffs in the issue??? There is a denial of speedy trial here and its very annoying...

 

 

 

 

Usually there is a pairing judge who will assist the absent judge on his active cases. However, if you really want to remove tha case from the present sala, you can file a motion to re-raffle the case to another sala, and hope that the judge there is faster in resolving his/her cases.

[skyscraper]

Sirs, Need your legal advise and this pertains to marital issues...

 

I have a girlfriend who is Chinese (pure) holding a Chinese passport and we are planning to get married next year. However, she insisted that she wants to have the wedding in Hkng instead in the Philippines. My questions are:

 

1. If we married in HK, does this means that I'm already a HKng citizen automatically or she is also a Filipina citizen? Do I or she have the right to get the benefits of both Phil and Hkng government in terms of jobs, security insurance, etc?

2. Am I considered Married in Phil even if I got married in Hkong? or is it possible to have dual wedding meaning another marriage to be done in Phil? Any legal implications?

3. What are legal reqts of getting married abroad and what is her reqt here in Phil if we agreed to get married here?

4. Can she own a property here even if we are not yet married? How about if we are already married in HKng, will it be considered here as proof for legal docs?

5. If gifted with a child and born in Hkng, is he given dual name? a chinese and Filipino name?

 

Sorry for the long post Sir but your legal advise will surely help on my decisions. Thanks in advance, Sir.

[pol22366]

Sirs, Need your legal advise and this pertains to marital issues...

 

I have a girlfriend who is Chinese (pure) holding a Chinese passport and we are planning to get married next year. However, she insisted that she wants to have the wedding in Hkng instead in the Philippines. My questions are:

 

1. If we married in HK, does this means that I'm already a HKng citizen automatically or she is also a Filipina citizen? Do I or she have the right to get the benefits of both Phil and Hkng government in terms of jobs, security insurance, etc?

2. Am I considered Married in Phil even if I got married in Hkong? or is it possible to have dual wedding meaning another marriage to be done in Phil? Any legal implications?

3. What are legal reqts of getting married abroad and what is her reqt here in Phil if we agreed to get married here?

4. Can she own a property here even if we are not yet married? How about if we are already married in HKng, will it be considered here as proof for legal docs?How about if we are already married in HKng, will it be considered here as proof for legal docs?

5. If gifted with a child and born in Hkng, is he given dual name? a chinese and Filipino name?

 

Sorry for the long post Sir but your legal advise will surely help on my decisions. Thanks in advance, Sir.

 

Answer to the first question: It does not follow that if you married her in Hkg you'll automatically acquire Chinese citizenship. Also in the case of your girlfriend, she does not automatically acquire Filipino Citizenship. The jobs, security insurance, depends on the law of the state. Here job security does not distinguish from foreigners and citizens, I don't know in Hkg.

 

Answer to the 2nd question: You're legally married here even if you married in Hkg. No legal implications in case you married again in the Phil.

 

Answer to the 3rd question: The basic requirement asked if you'll marry abroad or if a foreigner will marry here is a certification of legal capacity to marry, other than that the requirements depend on which state/country you intend to celebrate your marriage.

 

Answer to 4th question: She can only co-own real property with you only after the marriage. Otherwise she cannot own real property. However, condominiums, houses (not the land) and movable properties, she can own those. I don't get the last part, what do you mean by " How about if we are already married in HKng, will it be considered here as proof for legal docs?" so please clarify before I answer.

 

Answer to the 5th question: Depends on your agreement with your spouse. Usually those given dual names are those where both parents are Chinese, Korean, Japanese, Russian and other such nationalities that do not follow the Greek alphabet, and the child is given non-Greek alphabet names, so they adopt a name in Greek alphabet.

[skyscraper]

Thanks Atty Pol for your legal advise, #4 question means that if we marry in HKng, all documents in terms of marital status can be used as proof for legal transactions in Phil such as change of surname for her, my tax dues will be based on married status, passport, marriage certicate in HKng can be recognized here in Phil, and other legal docs.

 

"Answer to the 2nd question: You're legally married here even if you married in Hkg. No legal implications in case you married again in the Phil." -I know this means to the same girl marriage. How about for another girl and another marriage? Does this means that I can marry again? TIA, sir.

[WOlfverine73]

repost k lang sana may sumagot?

 

Good am po Bro. need k lang ng legal advice? I recently sold my internet shop lately and i was paid for it but i have left a billing of say 24k for internet and telephone charge to the one who bought the internet shop, they treat and subpoena me for not paying them, i try to settle them by paying partial for until recetly i was able to finally able to pay the amount, but they insist that it was still partial, they have insist that i pay june to july internet bill that they use, we have sold the shop to them may 2008. my question po my pananagutan p b k dun eh wala n kami dun sila n naka puwesto? may legal pa b ako hakbang laban sa kanila kase naharass kami, me and my familly saying that i still have a large amount of money that i owe them. they harass me by coming to our family celebration and made this accusation. Hope you could me po Bro.

[jopoc]

repost k lang sana may sumagot?

 

Good am po Bro. need k lang ng legal advice? I recently sold my internet shop lately and i was paid for it but i have left a billing of say 24k for internet and telephone charge to the one who bought the internet shop, they treat and subpoena me for not paying them, i try to settle them by paying partial for until recetly i was able to finally able to pay the amount, but they insist that it was still partial, they have insist that i pay june to july internet bill that they use, we have sold the shop to them may 2008. my question po my pananagutan p b k dun eh wala n kami dun sila n naka puwesto? may legal pa b ako hakbang laban sa kanila kase naharass kami, me and my familly saying that i still have a large amount of money that i owe them. they harass me by coming to our family celebration and made this accusation. Hope you could me po Bro.

 

 

 

if the bills are under your name,i suggest that you settle the bills immediately, subject to refund from the new owner.

or make the new owner pay the new bill. just discuss the matter with the new owner.

then have the services under your name disconnected. make the new owner apply for net and phone under his name (or have the name transferred)

 

the presumption is that if the bill is under your name, you are the one liable.

====

 

but if the bill is not under your name, you can always threathen those who harass you of a damages suit.

dont pay or dont mind the harssaments. you can even have them arrested for unjust vexation right then and there..

Edited September 7, 2008 by jopoc

[pol22366]

Thanks Atty Pol for your legal advise, #4 question means that if we marry in HKng, all documents in terms of marital status can be used as proof for legal transactions in Phil such as change of surname for her, my tax dues will be based on married status, passport, marriage certicate in HKng can be recognized here in Phil, and other legal docs.

 

"Answer to the 2nd question: You're legally married here even if you married in Hkg. No legal implications in case you married again in the Phil." -I know this means to the same girl marriage. How about for another girl and another marriage? Does this means that I can marry again? TIA, sir.

 

Thanks for the heads up, the answer is yes the Hkg marriage documents will be enough to be used as proof for legal transactions.

 

Hehehe, If its a different girl that is Bigamy. However there is a hitch there depending on which came first. But I won't post it because I might be influencing your crooked mind :upside: .... in other words gawin mo muna ang kasalanan, bago ka kumunsulta!