legal Free Legal Advice

[kimbo]

Who can help me with this??? but before that this is the story.... i went to my gf's haws... bale haws ng parents nya... tito went to the province si tita sa office ...siblings sa school..... after that may pumunta sa house ex-bf ng gf ko nabalitaan andun daw ako ...una kumatok tapos nun di pagbuksan nagwala...tinadyakan at sinuntok and pintuan hanggang masira... so aun na pagpasok sinuntok ko agad...tapos rear naked choke...nun makakatulog na sya bumunot ng balisong pero natapik ko gang sa nabitawan tapos suntukan tapos na tuhod ko nahilo dumating mga tao aun may pumigil....... anu pwedeng kaso sa tao na ito naitago namin weapon nya and na report na sa caloocan station un pangyayari.can anybody help me with this up to now that person is at large at pwede nya ulitin un..anu pwedeng ikaso sa kanya ...???gaano katagal ang parusa ng ganun at sino pwede tumulong sken para mahuli sya w/out me providing unnecessary na mga lagay .... help mtc experts??? true story toh..happened last week lang....

 

Help... =(

Your gf or her family can file the following criminal cases: (1) qualified trespass to dwelling; and (2) malicious mischief for destroying the door

 

On the other hand, you and your gf can also file the following criminal charges: (1) threat - in case he made threatening remarks; and (2) also charge him with attempted homicide by alleging that he went to your gf's residence with intent to k*ll you evidenced by the knife you recovered from him.

 

In any case, it will be the Office of the City Prosecutor who will determine the appropriate charges against him. The important thing is for the complainant/s to narrate all necessary details of the criminal acts.

 

The police should have arrested him immediately after the incident. The only way for this person to be arrested is through the issuance of a warrant of arrest by a court of competent jurisdiction. Therefore, you have to file an Affidavit-Complaint with the Office of the City Prosecutor of Caloocan City and thereafter, a preliminary investigation will be conducted. After the preliminary investigation and the Prosecutor finds probable cause, criminal information/s will be filed in court against this person. That is the only time that a warrant of arrest will be issued and you can have this person arrested on the basis of that warrant. Try to secure the services of a lawyer for the preparation of the Affidavit-Complaint and other supporting Affidavits which will be filed with the Prosecutor's Office.

 

Another way for the case to be filed is by coordinating with the Caloocan police so that they will file the case with the Prosecutor's Office in your behalf.

 

You will receive a subpoena for the schedule of the preliminary investigation after the complaint has been filed with the Prosecutor's Office.

[pol22366]

i think a criminal action may be still availing if the charge of estafa would be filed under the RPC as distinguished from the bouncing checks law. although unpaid bills may take form of arrears only and the provision under the constitution is well taken, the elements of estafa would also be present should the debtor continuously refuse to pay. not paying phone bills may be likened to staying in a hotel or eating in a restaurant and not paying afterwards. acts which are embraced by estafa under RPC.

 

I think there is no misrepresentation in non-payment of phone bills which works like a credit line, unlike in staying in a hotel or eating in a restaurant wherein you are required to check-in or order food, hence you know beforehand that you're going to pay an amount certain for what you consummed before consumming it, thereby commiting misrepresentation in checking-in or ordering food knowing all the while you cannot pay.

Edited November 13, 2008 by pol22366

[MNdMud4s3x]

I think there is no misrepresentation in non-payment of phone bills which works like a credit line, unlike in staying in a hotel or eating in a restaurant wherein you are required to check-in or order food, hence you know beforehand that you're going to pay an amount certain for what you consummed before consumming it, thereby commiting misrepresentation in checking-in or ordering food knowing all the while you cannot pay.

 

In general, the elements of estafa are: (1) that the accused defrauded another (a) by abuse of confidence or ( by means of deceit; and (2) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.

 

When applying for a phone line, as well as credit line, the applicant vouches for his ability to pay and his intention to religiously do so. As such, the company will rely on this representation and grants the application. The grantee's contumacious refusal to pay with no apparent reason would result in defrauding the company. Thus, the first element of estafa would be present. By not paying, damage capable pecuniary estimation would also arise, completing the elements of estafa. If you would notice some demand letters of collection companies or lawfirms-kuno, they threaten the dafualting subscribers with a collection of sum of money as well as estafa, which actually have bases.

 

Of course, this is just for argument's sake, as companies are inclined to file collection suits rather than criminal actions. Also, this is a matter evidence. The fact that the accused defrauded another should be clearly established, which would rather be very ardous. Notably, the companies are even at a quandary in filing civil cases, as the collection would involve only minimal amounts considering the expenses of the suit.

 

kaya ignore the demand letters.

Edited November 14, 2008 by MNdMud4s3x

[Arneeious]

The president of our homeowner's association is insisting on hiring as a security guard a person who has numerous complaints against him in the barangay hall for various reasons like vandalism, destruction of property, and theft. The president is insisting on hiring the person despite oppositions from residents.

 

Where can we file a complaint to stop the president from hiring the person? I don't think the association is registered with the SEC but I'm told it is recognized by the village association.

[disorder1666]

Good day po... Pwede po ba humingi ng legal advice regarding my experience...

 

Here's the scenario:

 

I met this person and we became acquainted with each other. He has a shop. And since I thought that we're friends already, I decided to have their shop(he has a partner in this shop which I only got to know upon bringing my car there last MAY)repaired my car. They qouted me 25K for the Body Repair and Paint. But then, when the car was being checked, they found out a lot of rust inside and a lot of body works daw should be done. They asked me for an additional payment, totalling to 45K all in. At that time, I actually don't have a budget of 45K for my car but since "napasubo" na, I thought I can't do anything about it kasi nga nabuksan na yung oto. Kaya pina-GO ko na rin. So they started to work on my car. I trusted the person I knew, that my car was in good hands. Until after a few months, It was shocking for me to know that my car was being transferred to the latero's (tinsmith) house without me knowing it first. They only informed me when I was asking for the development of the car. And since they got my full trust, I didn't make an isssue out of it..pinalagpas ko na lang . And as weeks passed by, i notice a very minimal improvement on my car. I asked the latero kung bakit ganon. Sa tono nya, parang naiinis din sya sa shop owner..kesyo hindi raw nabibili yung materials,kesyo hindi raw sila masyadong nagkakausap...which I can't believe because at that time I already paid 25K, that was September this year... So from there, syempre nagduda na ko but then I gave them another chance. Ithought it's too early pa to judge them. I waited for the results and of course expecting for the good one until I get tired from waiting. I told them that I'm gona pull out the car already but then again they have convinced me to let them finish the job first .I said yes again and they asked for another 10K for the paint expenses dahil pipintahan na daw after ng laterya. I gave 5K despite of the doubt that why should i keep on paying if it's not yet done already? Should it be 50% down payment upon bringing the car and the other 50% when the work is completety done?

 

And in between those events, a lot of issues were coming out,a lot of people are getting involved...I also had this issue posted in another forum and naturally the shop owners reacted,that I shouldn't have done that, that they are going to finish naman daw my car ,that even it's taking that long, they can assure me daw that their work is "maayos" at hindi daw tapal tapal lang. But after the issues and the arguments, we finally apologized to each other and continued for the car repair. Although I know na may samaan na ng loob since " I dragged their names daw to shame", I just held on to what they were claiming that they can do it better than the other shops.They even offered me that in case I will not be satisfied, i can bring my car there again.But honestly, I completely lost my trust to them and I swore that I will not gonna bring my car there again.I'm just waiting for them to finish the work.

 

By the time the paint was finished already i pulled out the car . I told them not to bother putting back some of the interior parts since i'll bring it to the other shop naman. We agreed to pay a total of 40K na lang.I brought it to another shop.They checked the car.And to our surprise..... sobrang backjob tlaga at may mga sira pa and it seems na may mga nakaligtaan pang gawin na included sa scope of job that they presented me.To think that it stayed there for 6 months. Isn't too long for a body repair and paint? I informed them about this but they're still claiming that they did a good job (maayus daw ang pagkakagawa nila), somebody from their side even accused me of ruining the name of the shop! I told them to at least take a personal look at my car. They can visit it anytime to the shop where I transferred it.But they don't have time daw. Pag-usapan na lang daw namin kung anuman yung problema or ibalik ko sa kanila,gagawin daw nila ulit... Ngayun pa??? I told them, they should see the car, all the people behind this project...from the latero, the shop owners..they all should see it personally because I have a lot of questions I want to ask about what happened and what they did to the car.The wife of the part owner, which I'm not sure if involved in the project or with their shop or just a wife,even called me and yelled at me at the phone.Although at the end of the conversation, she said they will try to visit the car last thursday... but until now, no one from them is coming to see the car,so am still waiting for their actions...

 

I posted this not to humiliate the shop owner or anything. After all, this will not happen if they just did their job truthfully from the very start pa lang.

 

In this kind situation, if you were in my shoes..what are you gonna do? Would it be just right to ask for a refund?

 

Your concerns, comments and suggetions are greatly appreciated... Thanks alot MTC...

[jackbrng]

ilapit mo ito sa DTI dahil sakop ito ng Consumer Act of the Philippines. Sila ang magaasikaso ng kaso mo. May i-a-assign sa inyong arbitrator na mag-mediate sa inyo nung may-ari ng shop. Kung hindi kayo magkakasundo, sisimulan ng arbitrator ang imbestigasyon at pag-decide ng kaso. Kung mapatunayang nagkamali ang may-ari ng shop, maaring syang magmulta o maibalik yung perang binayad mo depende sa desisyon ng arbitrator. Dapat hindi mo muna ipagalaw yung sasakyan mo para makita ng arbitrator yung depekto ng trabaho ng nasabing shop.

[muffin]

Guys I need a lawyer to fix separation papers including settlement of debts... pls PM me...

[disorder1666]

ilapit mo ito sa DTI dahil sakop ito ng Consumer Act of the Philippines. Sila ang magaasikaso ng kaso mo. May i-a-assign sa inyong arbitrator na mag-mediate sa inyo nung may-ari ng shop. Kung hindi kayo magkakasundo, sisimulan ng arbitrator ang imbestigasyon at pag-decide ng kaso. Kung mapatunayang nagkamali ang may-ari ng shop, maaring syang magmulta o maibalik yung perang binayad mo depende sa desisyon ng arbitrator. Dapat hindi mo muna ipagalaw yung sasakyan mo para makita ng arbitrator yung depekto ng trabaho ng nasabing shop.

 

Thanks for the advice bro... So far andun parin sa pinag trasferan ko yung oto... Nakapag file narin ako sa baranggay... Since matagal umaction eh nag send narin ako ng letter of complaint sa website ng DTi... I just hope may mangyari talaga...

[MNdMud4s3x]

The president of our homeowner's association is insisting on hiring as a security guard a person who has numerous complaints against him in the barangay hall for various reasons like vandalism, destruction of property, and theft. The president is insisting on hiring the person despite oppositions from residents.

 

Where can we file a complaint to stop the president from hiring the person? I don't think the association is registered with the SEC but I'm told it is recognized by the village association.

 

i think u should go to HLURB

Edited November 18, 2008 by MNdMud4s3x

[Arneeious]

i think u should go to HLURB

 

Thanks for the tip. The other residents are threatening to stop paying their dues if the officers push through with their plan. Hopefully this will be enough to end the situation.

[teban]

Guys i was just wondering. I booked a flight with Cebu pacific and decided to cancel it. However as most of the people know cebu pacific is really problematic when it comes to refunds they claim that the customers should have known that refund would take atleast 2 months till 6 months when paid for in credit card. Now what I am wondering is this, they have the perfect right to do such thing if they had it in writing (in their agreement acceptance) but when i checked it there aren't pertinent info about it! (http://www.cebupacificair.com/terms&conditions.html)

Now I am wondering does anyone have the same problem with me and is there anything we can do to make this stupid practice stop. I can grow my money for a bit in half a year and consider the number of people who are asking for refunds then they are already holding a lot of payables in their hand

[Arneeious]

Guys i was just wondering. I booked a flight with Cebu pacific and decided to cancel it. However as most of the people know cebu pacific is really problematic when it comes to refunds they claim that the customers should have known that refund would take atleast 2 months till 6 months when paid for in credit card. Now what I am wondering is this, they have the perfect right to do such thing if they had it in writing (in their agreement acceptance) but when i checked it there aren't pertinent info about it! (http://www.cebupacificair.com/terms&conditions.html)

Now I am wondering does anyone have the same problem with me and is there anything we can do to make this stupid practice stop. I can grow my money for a bit in half a year and consider the number of people who are asking for refunds then they are already holding a lot of payables in their hand

 

It's always irritating when companies are very slow in reimbursing/returning a customer's money but are so damn quick in accepting them. Since there is nothing specific written in the agreement about when the refund should be made then Cebu Pacific regrettably has a lot of room (or time) to work with. As customers, we can complaint to the management, write to the newspapers, or even avoid flying with the airline.

[Pidr0]

gentle people, may i seek your wisdom in this scenario:

 

my friend got pregnant nang walang kasal, and then gave birth (partner is out of country at time of birth). lady friend, forged signature of partner, para di lumabas na illegitimate ang bata... further, partner has shown signs that he is not interested in marrying the lady anymore, thus di pwede ipalegitmate ang baby in the future.

 

am no authority whatsoever sa ganitong situation, but i am sure what she did (although in good faith) will bring more problems. could you please provide some insights on this? and possible remedy.

 

nagtry ako mag backread, baka may previous case na ganito, para di ko na kayo maistorbo. but halo-halo na ang thread. baka masabi ko sa friend ko, eh ireformat nya na lang ang hard drive at magreinstall nang vista. hehehehe..

 

PUGAY!

[azayco]

The president of our homeowner's association is insisting on hiring as a security guard a person who has numerous complaints against him in the barangay hall for various reasons like vandalism, destruction of property, and theft. The president is insisting on hiring the person despite oppositions from residents.

 

Where can we file a complaint to stop the president from hiring the person? I don't think the association is registered with the SEC but I'm told it is recognized by the village association.

 

If your association has by-laws or rules and regulations, check for the grounds by which you and the other residents can remove the President. If there are grounds to remove him, then you can initiate this so that he won't be able to appoint the person as a security guard or if the appointment has already been made, rescind or cancel the same (although this may have other unintended consequences).

 

I am not sure if the HLURB has jurisdiction considering that the association, as you said, is not registered with the SEC. One of the requirements for HLURB registration is the SEC charter documents of the association. Nevertheless, the HLURB can provide you with sound advice regarding this matter.

[azayco]

Guys i was just wondering. I booked a flight with Cebu pacific and decided to cancel it. However as most of the people know cebu pacific is really problematic when it comes to refunds they claim that the customers should have known that refund would take atleast 2 months till 6 months when paid for in credit card. Now what I am wondering is this, they have the perfect right to do such thing if they had it in writing (in their agreement acceptance) but when i checked it there aren't pertinent info about it! (http://www.cebupacificair.com/terms&conditions.html)

Now I am wondering does anyone have the same problem with me and is there anything we can do to make this stupid practice stop. I can grow my money for a bit in half a year and consider the number of people who are asking for refunds then they are already holding a lot of payables in their hand

 

There are three contracts involved here. One is between you and the credit card company for the payment of the plane fare. The second is the contract between you and Cebu Pacific for Cebu Pacific to bring you to your destination of choice. The third is the contract between Cebu Pacific and the credit card company for the use of the facility of the credit card company for plane fare purchases.

 

Now, the refund will be dependent on how fast Cebu Pacific will reflect the cancellation on its books. Once reflected, the credit card company can reverse the charges on your statement. Maybe it will help if you ask assistance from your credit card company regarding this cancellation. It can probably expedite the refund procedure.