legal Free Legal Advice

[mlpf]

goodevening magtatanung lang ako regarding the case of my cousin. nasa ibang bansa sya ngyun nakatira.. meron syang bahay at lupa sa bulacan na may naka tirang kapatid at mga pamankin. 1 year na sya sa ibang bansa at wala sya kaalamalam na yun lot na isinangla ng isa sa mga kapatid nya!pinag ka tiwalaan nya ito na pahawakin ng titulo at ayun nga po naisanla! nag pretend ang kapatid nya na sya iyon na forge ang pirma nya at ngyun po eh mahahatak na ng banko! ano po ba ang pwede nya gawin sa case na ito? TIA

 

He has to get a lawyer. He will have to file a civil case to annul the mortgage. The land was mortgaged by his brother without any authority and without his knowledge and consent. To bolster his case, he will also have to file a criminal case against his brother for Falsification of Public Documents.

Edited November 26, 2008 by mlpf

[complicatedbitch]

to the honorable lawyers of MTC Law Office:

 

Hi, i need to ask for some advise. My bf said he is in the process of annulling his marriage and according to him he filed it about 2 yrs ago. the thing is he said, that he doesnt have enough money to speed up the process. But i just want to know, is it possible for me to check if he really did file for an annullment case? If so, how? he's married in pasay city. i just need to know who should i contact or ask if there's really a pending annullment filed on his name.

 

I want to know the truth than to be played like a s@%t. He's been asking me to meet my family and all. Like he's really serious about "us". And i love him, i really do. But i need to know the truth. I admit i do have doubts, but i want to give him a fair trial. I want to give him the benefit of the doubt until i prove myself wrong.

 

I willing to give more details about him and how much will it cost me to check on this matter ASAP.

 

Thank you.

[mlpf]

to the honorable lawyers of MTC Law Office:

 

Hi, i need to ask for some advise. My bf said he is in the process of annulling his marriage and according to him he filed it about 2 yrs ago. the thing is he said, that he doesnt have enough money to speed up the process. But i just want to know, is it possible for me to check if he really did file for an annullment case? If so, how? he's married in pasay city. i just need to know who should i contact or ask if there's really a pending annullment filed on his name.

 

I want to know the truth than to be played like a s@%t. He's been asking me to meet my family and all. Like he's really serious about "us". And i love him, i really do. But i need to know the truth. I admit i do have doubts, but i want to give him a fair trial. I want to give him the benefit of the doubt until i prove myself wrong.

 

I willing to give more details about him and how much will it cost me to check on this matter ASAP.

 

Thank you.

 

Annulment cases these days can be terminated in 6 months.

[Dr_PepPeR]

to the honorable lawyers of MTC Law Office:

 

Hi, i need to ask for some advise. My bf said he is in the process of annulling his marriage and according to him he filed it about 2 yrs ago. the thing is he said, that he doesnt have enough money to speed up the process. But i just want to know, is it possible for me to check if he really did file for an annullment case? If so, how? he's married in pasay city. i just need to know who should i contact or ask if there's really a pending annullment filed on his name.

 

I want to know the truth than to be played like a s@%t. He's been asking me to meet my family and all. Like he's really serious about "us". And i love him, i really do. But i need to know the truth. I admit i do have doubts, but i want to give him a fair trial. I want to give him the benefit of the doubt until i prove myself wrong.

 

I willing to give more details about him and how much will it cost me to check on this matter ASAP.

 

Thank you.

 

If you can find out which RTC Branch it was filed and even better the case docket number, it's simply a matter of going there and checking with the Clerk of Court on the status of the case.

[uvgotmale]

to the honorable lawyers of MTC Law Office:

 

Hi, i need to ask for some advise. My bf said he is in the process of annulling his marriage and according to him he filed it about 2 yrs ago. the thing is he said, that he doesnt have enough money to speed up the process. But i just want to know, is it possible for me to check if he really did file for an annullment case? If so, how? he's married in pasay city. i just need to know who should i contact or ask if there's really a pending annullment filed on his name.

 

I want to know the truth than to be played like a s@%t. He's been asking me to meet my family and all. Like he's really serious about "us". And i love him, i really do. But i need to know the truth. I admit i do have doubts, but i want to give him a fair trial. I want to give him the benefit of the doubt until i prove myself wrong.

 

I willing to give more details about him and how much will it cost me to check on this matter ASAP.

 

Thank you.

 

 

Ask your bf on where did he file his annulment case... then go to the RTC of that place...proceed to the Office of the Clerk of Court...inquire if there is an annulment case filed, with your bf's name as petitioner...if they replied in the affirmative, ask for the docket number and to which branch it was raffled...go to the branch given by OCC, give the docket number then ask for the status of that case...

[complicatedbitch]

thanks guys...

 

i really appreciate it. Now, i know what to do.

 

:mtc:

[bonito99]

good luck!

[lamujer]

First, my thanks for the reply, appreciate it.

 

If the only course to set things straight is to "file a petition to amend entry". Is it necessay na mother ang mag file? Kasi mother is out of country as of writing, pede ba mag execute sya SPA for the lola of baby? Pasencia na sa istorbo...

 

Thanks and pugay!

 

ang relief ba na hinahanap mo ay maging legitimate child ang anak ni lady friend at nang kanyang future hubby (pero hindi yung naka-preggy)? or i-amend ang birth certificate?

[Pidr0]

ang relief ba na hinahanap mo ay maging legitimate child ang anak ni lady friend at nang kanyang future hubby (pero hindi yung naka-preggy)? or i-amend ang birth certificate?

 

 

Greetings!

 

First Q: Ang relief na hinahanap nang friend ko na sana daw, legitimate ang anak niya, na ang apelyido is yung sa ama, kaya daw niya finorge yung pirma (with the consent of the partner na nakabuntis, na wala na intention pakasalan yung babae). As of now, wala pa yata balak pumasok uli ang lady friend into a relationship. ergo, wala pa future hubby.

 

Second Q: I-amend ang birth cert... Kasi, am thinking, valid ba yung birth cert na pinirmahan nya na forged? Common sense dictates na hindi dapat, sabi ko sa lady friend ko, tanggapin na lang nya na illegit ang bata, at dalhin ang apelyido nang babae. Kaysa naman palsipikado ang papeles nang bata. Tama po ba ang aking logic?

 

Salamat pong muli sa may interes sa aking mga katanungan, kundi po malinaw ang aking paliwanag, paumanhin po.

 

Pugay sa inyo mga magigiting na Ginoo/Binibini/Ginang Abogado...

[Missionary]

Hello Legal People,

 

I just want to ask if you can help me with my situation:

 

I'm an OFW in Dubai, UAE where a person loaned a large sum of money from me and promised to pay it back in 8 months, with monthly interest paid every month. Now, after 6 months, I found out that the person who loaned the money has gone from here to the Phils, and is now in hiding. He also owed a lot of money to other people.

 

My question is:

1 - How can we get him to pay us back?

2 - Can we file a criminal case against him in the Philippines?

3 - What can he do to counter our legal strategy?

 

A few pointers to the right direction lang po...Right now, I'm really lost on what to do. Thanks!

[pol22366]

First, my thanks for the reply, appreciate it.

 

If the only course to set things straight is to "file a petition to amend entry". Is it necessay na mother ang mag file? Kasi mother is out of country as of writing, pede ba mag execute sya SPA for the lola of baby? Pasencia na sa istorbo...

 

Thanks and pugay!

 

It can be filed by either the alleged father or the mother.

 

 

Greetings!

 

First Q: Ang relief na hinahanap nang friend ko na sana daw, legitimate ang anak niya, na ang apelyido is yung sa ama, kaya daw niya finorge yung pirma (with the consent of the partner na nakabuntis, na wala na intention pakasalan yung babae). As of now, wala pa yata balak pumasok uli ang lady friend into a relationship. ergo, wala pa future hubby.

 

Second Q: I-amend ang birth cert... Kasi, am thinking, valid ba yung birth cert na pinirmahan nya na forged? Common sense dictates na hindi dapat, sabi ko sa lady friend ko, tanggapin na lang nya na illegit ang bata, at dalhin ang apelyido nang babae. Kaysa naman palsipikado ang papeles nang bata. Tama po ba ang aking logic?

 

Salamat pong muli sa may interes sa aking mga katanungan, kundi po malinaw ang aking paliwanag, paumanhin po.

 

Pugay sa inyo mga magigiting na Ginoo/Binibini/Ginang Abogado...

 

Since a birth certificate is a public document, its presumed valid until proven otherwise.

[Butsoy]

Missiosnary:

 

1. if the loan is documented you can file it here in the Philippines even if it was contracted abroad, if not then leave it to the merines... it will be very difficult for you to recover your money.

 

2. NO. You cannot file a criminal case against him the criminal act itself was not commmitted here in our jurisdiction

 

3. He will just hide and nothing more... after 10 years it will be impossible for you to collect that amount

 

To get even:

 

1. locate his where abouts and let him sign a promissory note or mortgage his property if he has any...how you will let him sign thats another problem may be you can adopt some metalegal or extra legal means...

 

So next time:

 

Dont be fooled... if ever a kababayan requests a loan be sure to have a full security for your money. real estate mortgage of property here in the Philipines will do.

 

 

 

 

 

 

 

 

 

Hello Legal People,

 

I just want to ask if you can help me with my situation:

 

I'm an OFW in Dubai, UAE where a person loaned a large sum of money from me and promised to pay it back in 8 months, with monthly interest paid every month. Now, after 6 months, I found out that the person who loaned the money has gone from here to the Phils, and is now in hiding. He also owed a lot of money to other people.

 

My question is:

1 - How can we get him to pay us back?

2 - Can we file a criminal case against him in the Philippines?

3 - What can he do to counter our legal strategy?

 

A few pointers to the right direction lang po...Right now, I'm really lost on what to do. Thanks!

[Missionary]

Missiosnary:

 

1. if the loan is documented you can file it here in the Philippines even if it was contracted abroad, if not then leave it to the merines... it will be very difficult for you to recover your money.

2. NO. You cannot file a criminal case against him the criminal act itself was not commmitted here in our jurisdiction

3. He will just hide and nothing more... after 10 years it will be impossible for you to collect that amount

 

To get even:

1. locate his where abouts and let him sign a promissory note or mortgage his property if he has any...how you will let him sign thats another problem may be you can adopt some metalegal or extra legal means...

So next time:

Dont be fooled... if ever a kababayan requests a loan be sure to have a full security for your money. real estate mortgage of property here in the Philipines will do.

 

Sir Salamat po sa reply...follwup questions lang po:

 

1. The loan was documented, we have contracts & post-dated cheques. Does that mean we can file it as a criminal case in the Philippines?

2. If the loan exceeds 300k USD wouldn't interpol be involved? How much amount is needed for them to be?

3. What about a hold-departure order...can we avail of that just from preventing him from leaving?

 

 

Thanks po again in advance...oh one more thing

does anyone know a good private investigator who can track him down? good pay.

we need to find this guy desperately.

[pol22366]

Sir Salamat po sa reply...follwup questions lang po:

 

1. The loan was documented, we have contracts & post-dated cheques. Does that mean we can file it as a criminal case in the Philippines?

2. If the loan exceeds 300k USD wouldn't interpol be involved? How much amount is needed for them to be?

3. What about a hold-departure order...can we avail of that just from preventing him from leaving?

 

 

Thanks po again in advance...oh one more thing

does anyone know a good private investigator who can track him down? good pay.

we need to find this guy desperately.

 

1. In order for Philippine courts to have jurisdiction, some aspects of the crime must be performed or executed here in the Philippines, or inside Philippine territory. Hence, if the documents were notarized by the Philippine consulate, or the banks where the cheques were drawn, or your depository bank are Filipino banks or branches of foreign banks here in the Philippines, then your criminal case may be filed in the Philippines.

 

2. Interpol may be tapped if the crime has international consequences, involving states, or various nationalities are involved. Since the parties in your case seems to be all Filipinos, then interpol might not interfere.

 

3. You have to file the case with the DOJ first and then if they find probable cause and file it in Court, then you can ask for a Hold Departure Order with the Court where the criminal case/s have been filed.

[Pidr0]

It can be filed by either the alleged father or the mother.

 

 

 

 

Since a birth certificate is a public document, its presumed valid until proven otherwise.

 

 

Salamat nang marami sa inyong lahat. You ladies and gents are more than helpful to those who needs you most, as I am sure you are aware of it.

 

Follow up Q, hopefully it will be the last... since you have stated that it is presumed valid, until proven otherwise... would it be wiser to AMEND (file change of entry) it before it can be proven (or not). Para at least sigurado na, and that would give the party, peace of mind.

 

Pugay!

[Missionary]

1. In order for Philippine courts to have jurisdiction, some aspects of the crime must be performed or executed here in the Philippines, or inside Philippine territory. Hence, if the documents were notarized by the Philippine consulate, or the banks where the cheques were drawn, or your depository bank are Filipino banks or branches of foreign banks here in the Philippines, then your criminal case may be filed in the Philippines.

 

2. Interpol may be tapped if the crime has international consequences, involving states, or various nationalities are involved. Since the parties in your case seems to be all Filipinos, then interpol might not interfere.

 

3. You have to file the case with the DOJ first and then if they find probable cause and file it in Court, then you can ask for a Hold Departure Order with the Court where the criminal case/s have been filed.

Salamat po sa reply....kung pwede pa po ng follow-up question...kinukulit ako ng kasamahan ko:

 

1. If the post-dated cheques were from an international bank here in uae, and we try to cash it from the philippine branch, would it then be more valid case in the Philippines?

 

2. There are other nationalities involved. How can we then tap interpol? Sino po ba ang aaction yung interpol dito o yung nasa pinas?

 

3. Usually po, how long will that take? (file in DOJ, get a hold departure order...)

[Missionary]

I believe this is a very complicated case and will take lots of time to resolve. Even you succeed, I don't think you will be able to recover what you have lost. To get even with this person, know his/her whereabouts, hire a hitman then finish her/him. People of this kind should be eliminated in this world.

 

 

As much as possible po kasi we want to exhaust every legal means at our disposal. Next probably is to contact media. Media pressure could be very effective.

[disorder1666]

Good day!

 

I would just want to seek advice regarding my case. I filed a complaint to DTI-NCR and to the Baranggay Hall regarding a certain car repair shop who has done a terrible back job on my car. And since it's a back job, they would normally ask me to bring my car back to their shop. But for a lot of reasons, I already lost my trust on them. All I want now is for them to give back the money I paid thus, demanding for a full refund.The thing is, the Baranggay Hearing has been settled for three times already and yet none of those was being attended by them. I already informed the Baranggay that I want to settle this case to the Munucipal Hall already but they said that we should have at least one hearing for I could refer the case to the Municipal Hall. But what if, they don't have any plans of appearing, should I just keep on waiting? What would be next important step should I take right now?As to the DTI-NCR, I sent them the complaint through email. And told me to follow up after a week. It's been almost three weeks of following up and I guess getting through our Government Agencies is not that easy. Is there any other way I could do aside from paying a private lawyer or filing a civil case against the shop which I know would just take a decade? Thank you very much. Your opinions and advices are greatly appreciated. God Bless.

[rocco69]

kung di pa rin sila mag-aattend sa baranggay, dapat ay bigyan ka na ng baranggay ng Certification to File Action dahil [pang-apat na beses na di sila uma-attend.

 

Pag nakuha mo na yung certification to file action, at kung di naman lalampas ng P100,00 ang hinahabol mo, pwede ka nang pumunta sa Municipal/Metropolitan Trial Court. Me bago ngayong sistema (Small Claims Cases) kung saan magfi-fill-up ka lang ng form, tapos walang abugado na humaharap, kayo lang ng nirereklamo mo, mas mabilis at madali, di ka pa magagastusan ng malaki (kung di lalampas ng P100T ang claim mo!). Ihanda mo lang ang mga ebidensya at testigo mo tungkol dun sa reklamo mo.

 

Good day!

 

I would just want to seek advice regarding my case. I filed a complaint to DTI-NCR and to the Baranggay Hall regarding a certain car repair shop who has done a terrible back job on my car. And since it's a back job, they would normally ask me to bring my car back to their shop. But for a lot of reasons, I already lost my trust on them. All I want now is for them to give back the money I paid thus, demanding for a full refund.The thing is, the Baranggay Hearing has been settled for three times already and yet none of those was being attended by them. I already informed the Baranggay that I want to settle this case to the Munucipal Hall already but they said that we should have at least one hearing for I could refer the case to the Municipal Hall. But what if, they don't have any plans of appearing, should I just keep on waiting? What would be next important step should I take right now?As to the DTI-NCR, I sent them the complaint through email. And told me to follow up after a week. It's been almost three weeks of following up and I guess getting through our Government Agencies is not that easy. Is there any other way I could do aside from paying a private lawyer or filing a civil case against the shop which I know would just take a decade? Thank you very much. Your opinions and advices are greatly appreciated. God Bless.

[MNdMud4s3x]

kung di pa rin sila mag-aattend sa baranggay, dapat ay bigyan ka na ng baranggay ng Certification to File Action dahil [pang-apat na beses na di sila uma-attend.

 

Pag nakuha mo na yung certification to file action, at kung di naman lalampas ng P100,00 ang hinahabol mo, pwede ka nang pumunta sa Municipal/Metropolitan Trial Court. Me bago ngayong sistema (Small Claims Cases) kung saan magfi-fill-up ka lang ng form, tapos walang abugado na humaharap, kayo lang ng nirereklamo mo, mas mabilis at madali, di ka pa magagastusan ng malaki (kung di lalampas ng P100T ang claim mo!). Ihanda mo lang ang mga ebidensya at testigo mo tungkol dun sa reklamo mo.

 

 

amen!

[juan t]

curious lang...

 

can i shoot someone who is trespassing? shoot first, then ask questions later. what if i saw a stranger sneaking around outside our house but inside our gated property? or even worse, what if he were inside our house? would it make a difference?

[rocco69]

1. can i shoot someone who is trespassing?

 

ayon sa Supreme Court mismo, ang defense of property ay maaaring gamiting katwiran "only when it is coupled with an attack on the person of one entrusted with such property"

(People v. Apolinar, 38 OG 2870). Lumalabas, di mo pwedeng basta na lamang barilin ang isang trespasser.

 

Alalahanin mo rin na kailangang katamtaman o rasonable lamang ang gagamitin mong paraan sa pag-tanggol ng ari-arian mo. Hindi rasonable na barilin mo agad ang isang trespasser.

 

2. what if he were inside our house? would it make a difference?

 

pareho pa rin ang prinsipyong namamayani dito. Rasonable ba na barilin mo agad ang taong yun? Sinasalakay o nilulusob ka na ba niya? Kung oo, ayun, pwede mo siyang barilin. Kung hindi naman, baka ikaw pa ang makulong sa salang homicide.

 

Ang gawin mo, magbaon ka ng balisong. Pagkatapos mong barilin, ilagay mo sa kanyang kamay tapos sabihin mo akyat-bahay at sinasaksak ka na kaya ka napilitang mamaril (joke only he he he).

 

 

 

curious lang...

 

can i shoot someone who is trespassing? shoot first, then ask questions later. what if i saw a stranger sneaking around outside our house but inside our gated property? or even worse, what if he were inside our house? would it make a difference?

[MNdMud4s3x]

curious lang...

 

can i shoot someone who is trespassing? shoot first, then ask questions later. what if i saw a stranger sneaking around outside our house but inside our gated property? or even worse, what if he were inside our house? would it make a difference?

 

pwede, its just a matter of producing evidence to make it seem that you were protecting ur family from bodily harm. pagkatpos mo barilin, bigyan mo ng black eye ang katulong mo para palabasing "self help" lang ang ginawa mo

[jamesyap18]

hi mga ATTY dito sa MTC.. i have a problem kasi.. is it possible na mahabol ko ang taong may utang sa kin though wla kaming document?? maliit lang namn sya kaso syempre kelangan ko pa man din ung pera.. taga MTC pa namn sya.. it was last august lang.. kelangan daw nya ng pera pang tuition ng anak nya.. kahit na gipit ako i was nice enough to her money bank to bank.. sabi nya bayaran nya din ako after a week.. after a week nag txt nde daw ako mabbayaran.. kahit kelangan ko ng pera sabi ko cge ok lang kahit gipit na gipit ako.. sabi nya next month daw. den come payday next month nde na nya nirereply mga calls n txt ko.. ayun na nde na tlga nagparamdam.. tinaguan na ako.. ngyn ako namn sobrang problemado sa cash.. nagmagandang loob na ako sa kapwa ko ako pa ang naging masama..

[MNdMud4s3x]

hi mga ATTY dito sa MTC.. i have a problem kasi.. is it possible na mahabol ko ang taong may utang sa kin though wla kaming document?? maliit lang namn sya kaso syempre kelangan ko pa man din ung pera.. taga MTC pa namn sya.. it was last august lang.. kelangan daw nya ng pera pang tuition ng anak nya.. kahit na gipit ako i was nice enough to her money bank to bank.. sabi nya bayaran nya din ako after a week.. after a week nag txt nde daw ako mabbayaran.. kahit kelangan ko ng pera sabi ko cge ok lang kahit gipit na gipit ako.. sabi nya next month daw. den come payday next month nde na nya nirereply mga calls n txt ko.. ayun na nde na tlga nagparamdam.. tinaguan na ako.. ngyn ako namn sobrang problemado sa cash.. nagmagandang loob na ako sa kapwa ko ako pa ang naging masama..

 

kung maliit lang na halaga, ipagpasadyos mo na lang yan, di worth para sa abala at gastos.