legal Free Legal Advice

[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!

[azayco]

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.

 

It is not clear to me whether the person collecting from you is the buyer of the shop or the owner of the place where the shop is located (where you are a lessee).

 

At any rate, do you have documentation for the sale of the internet shop? Check if it has provisions relating to the settlement of utility bills. Ordinarily it would contain a provision for a cut-off date where you will be liable for billings up to a certain date and the buyer will be liable for billings after that date. If there is none, you will be liable insofar as (i) Meralco or the electric utility and (ii) the lessor of the space occupied by the shop (assuming you are leasing it) are concerned. You can ask for a refund subsequently.

 

If you are the registered user, notify Meralco of the change in occupant.

 

If you are a lessee, notify the lessor that you no longer own the shop.

[Macy]

One of the major partners in our original company wants to set up a partnership with a separate entity for a business related to the first and will, in effect be sister-company in that it will get some of it's clients from the first company set up.

Would it be alright to set up a Partnership Agreement just between 2 people?

Do we have a Limited Liability Company Operating Agreement in our country?

 

One of the major partners in our original company wants to set up a partnership with a separate entity for a business related to the first and will, in effect be sister-company in that it will get some of it's clients from the first company set up.

Would it be alright to set up a Partnership Agreement just between 2 people?

Do we have "Limited Liability Company Operating Agreement" in our country?

Edited September 9, 2008 by Macy

[azayco]

A minimum of two persons is required for a partnership.

 

You mentioned that the partnership will be one of your fellow stockholders in your company and "a separate entity." Usually, partnerships are formed by natural persons. The SEC allows "entities" like corporations to be partners subject to very well-defined requirements.

 

The Philippines does not have an LLC, but we have a limited partnership. A requirement is one of the partners must be a general partner (with unlimited liability, i.e., liability for partnership debts which extends to contribution to the partnership and personal property) and another one must be a limited partner (liability for partnership debts limited to contribution only).

 

Your friends can set up a corporation instead and just appoint 3 additional persons as incorporators/directors. Each one of them can appoint one additional director and they can agree on the last director (or alternatively, get an independent director).

 

For tax purposes, corporations and business partnerships are treated similarly.

[Macy]

Thank you so much for the reply. I just found out that the other person is a major partner in another company and that they wish to set up a separate but similar company to the original companies they co-own with different partners. If he wishes to go ahead with the partnership then, should the agreement indicate the 50/50 percentage in all aspects (expenses, debts, interests, profits) or is it understood that everything is 50/50?

Edited September 9, 2008 by Macy

[azayco]

Anything goes.

 

They can agree on the relative amount of capital contribution (e.g., 50-50), profit and loss sharing (not necessarily 50-50, could be any ratio), management of the partnership, etc. I suggest you get a copy of the SEC form for articles of partnership. You will find the details of the management and distribution of P/L there.

 

[Don't want to intrude in your affairs, but I think it will also be best if you sort out any overlaps between the existing companies (your fellow stockholder's and his potential partner's) and the proposed partnership. Just to rule out any conflicts in the future.]

 

Good luck!

[Macy]

doing the best i can to prevent any of that... thanks

 

 

:thumbsupsmiley:

[WOlfverine73]

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..

 

 

Sir if they pursue to ask the me to pay them the month that i did not use puwede k b talaga sila balikan?

 

Salamat po uli for the advise Bro.

[WOlfverine73]

It is not clear to me whether the person collecting from you is the buyer of the shop or the owner of the place where the shop is located (where you are a lessee).

 

At any rate, do you have documentation for the sale of the internet shop? Check if it has provisions relating to the settlement of utility bills. Ordinarily it would contain a provision for a cut-off date where you will be liable for billings up to a certain date and the buyer will be liable for billings after that date. If there is none, you will be liable insofar as (i) Meralco or the electric utility and (ii) the lessor of the space occupied by the shop (assuming you are leasing it) are concerned. You can ask for a refund subsequently.

 

If you are the registered user, notify Meralco of the change in occupant.

 

If you are a lessee, notify the lessor that you no longer own the shop.

 

 

sIR Buyer po ng shop, my tita own the place so wala po problem sa tita k. Sa documents for the sale wala po dun provision pero nandun ang date when they acquire the shop, the same date of cut-off date for the telephone & internet bill, kaya it was a puzzle to me why they are asking me to pay the month of june to july telephone and internet bill. it was under my name p po to, pero recently na transfer n po.

 

Salamat uli sa advice.

[chonglai]

Hello everybody!

 

i have a problem with regards to my citizenship. it all started when i tried to get a passport from DFA. When i showed my requirements to them they looked at my bc and saw that my father is a chinese citizen. they told me to go to the Citizenship Evaluation Committee at DFA. They told me that i am a chinese citizen because my father is a chinese citizen. and if i wanted a passport i must apply for it at the chinese embassy. and they also told me that if i want a philippine passport i should apply for dual citizenshhip. I argued with them that i have been voting here in the phil and was born and lived here for 30 years.

 

My mother is a filipina and has never renounced her filipino citizenship.

 

Am i really considered a chinese citizen under the circumstance that my Filipino mother married a chinese citizen and that makes me and my brother chinese citizens as well eventhough we have voted and lived here?

 

how do i go about with this? do i need a lawyer or jsut go about with their suggestion? help please!

[simpatiko]

Hope you would help me clear my mind on this part sir. I am currently applying in government firm and right now i just finished my 1 month training and OJT. Am just waiting for an office order that might came down one to two weeks from now. My concern is, the government agency does not allowed relatives up to 2nd level consanguinity. I dont have any relatives right now but my sister in law would be is currently working in the said company. I will be getting married to her sister this coming november and what bothers me is that they might not hire me because i am not considered hired without the said office order. Is the Law of consanguinity will be applied on my part? I already moved my wedding date supposedly this september but i moved it for the sake of this job in this said company because of this concern. Hope you could help me in this matter.

[pol22366]

Hope you would help me clear my mind on this part sir. I am currently applying in government firm and right now i just finished my 1 month training and OJT. Am just waiting for an office order that might came down one to two weeks from now. My concern is, the government agency does not allowed relatives up to 2nd level consanguinity. I dont have any relatives right now but my sister in law would be is currently working in the said company. I will be getting married to her sister this coming november and what bothers me is that they might not hire me because i am not considered hired without the said office order. Is the Law of consanguinity will be applied on my part? I already moved my wedding date supposedly this september but i moved it for the sake of this job in this said company because of this concern. Hope you could help me in this matter.

 

If the prohibition is any relatives up to the 2nd level of consanguinity you're safe...you'll have a sister-in-law working with you in the same office, she's a relative by AFFINITY.

[simpatiko]

If the prohibition is any relatives up to the 2nd level of consanguinity you're safe...you'll have a sister-in-law working with you in the same office, she's a relative by AFFINITY.

 

Thank You Po SIR!

[spadon]

Does a board resolution (authorizing sale of real property of a company and designating an officer of the company to sign the deed of sale) have to be notarized? We has a small family corporation and were told we needed this resolution to sell property of the company. Pls advice and thanks a lot.

[Dr_PepPeR]

Does a board resolution (authorizing sale of real property of a company and designating an officer of the company to sign the deed of sale) have to be notarized? We has a small family corporation and were told we needed this resolution to sell property of the company. Pls advice and thanks a lot.

 

A Board Resolution, which has the signatures of the majority of the Board members usually need not be notarized. A Secretary's Certificate always has to be notarized. However, since you will need this to sell real property, the Register of Deeds requires all documents submitted to be a public document, in other words it will have to be notarized, whether it is a Board Resolution or a Secretary's Certificate.

[b1gbeauty89]

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

 

Hi sir...pls enlighten me..my father met a vehicular (tricycle) accident last week> Nakuha naman ng tatay ko yung license nung driver kaso ni isang kusing wala naman naitulong sa amin sa pagpapagamot sa tatay ko. Dinala ko ang tatay ko sa hospital at dun nalaman afterv a series of x-rays na may dalawang bali sa paa. Yung tricycle is not a registered vehicle and marami na din kasong accidente yung driver ano standing ko if i wuill pursue the case? Hindi ko gustio manggipit ng kapwa ang akin lang is makuha ko yung cooperation jila pag dating sa gastos kasi malaki na din ang ngastos namain out of our own pocket . Btw my father is 83 yrs old and a senior citizen already . Thanks in advance po