aris_m Posted January 18, 2009 Share Posted January 18, 2009 question po on IPL: should i decide to make a video out of a song ala mtv and make use of various pictures taken from the net, the purpose of the video is for information dissemination or political campaign will i be infringing copyright? will the answer be the same if i acknowledge the singer, writer, composer of the song as well as the internet site where the pictures where taken, in the video? another question po, what if i decided to make a course curriculum (example: a course on basic eating) can i have the same copyrighted? hoping for a response from lawyers here at mtc.... thank you very ,very much!!! god speed..... Sir, Disclaimer...I am not an IPL Laywer....But if I remember correctly, there is a doctrine in IPL called "fair-use". I am not sure the requirements for it to be considered fair-use...but definetely not for "commercial" or money-making purpose...but in the end I would think you would still need the consent of the copyright owner...I think lang naman po... Quote Link to comment
GODzilla Posted January 19, 2009 Share Posted January 19, 2009 Sir, What will the court annul if there is no marriage certificate/contract? My two cents....if no marriage contract ...no marriage... nothing to annul...you can easily get from NSO a "Certificate of No Marriage"... But if no marriage license....there is a marriage...but can be nullified... Again...I think lang.... Cheers....hope this helps.. The marriage itself will be annulled and not the documents proving the marriage. you seem to be confused because you equate marriage with the marriage contract. remember, the fact of marriage can still be proven by other documents such as the birth certificate of their child. In fact, the problem stated that the marriage was not registered with the NSO, it did not state the there was no marriage contract. Furthermore, it is possible that the copy of the contract was not yet transmitted to the NSO, hence, there was no record yet. The fact remains that he knows that he was already married, so if later on he will remarry and then be charged with bigamy, his defense that the NSO has no copy of his first marriage will not hold in court. Next time, please be careful in giving your opinion because their lives and freedom are at stake here. Quote Link to comment
aris_m Posted January 19, 2009 Share Posted January 19, 2009 The marriage itself will be annulled and not the documents proving the marriage. you seem to be confused because you equate marriage with the marriage contract. remember, the fact of marriage can still be proven by other documents such as the birth certificate of their child. In fact, the problem stated that the marriage was not registered with the NSO, it did not state the there was no marriage contract. Furthermore, it is possible that the copy of the contract was not yet transmitted to the NSO, hence, there was no record yet. The fact remains that he knows that he was already married, so if later on he will remarry and then be charged with bigamy, his defense that the NSO has no copy of his first marriage will not hold in court. Next time, please be careful in giving your opinion because their lives and freedom are at stake here. Sir, I apologize. I still believe, however, that a negative certification from the NSO and the Civil Registrar were the purported marriage was celebrated is more than sufficient to establish that no marriage ever occurred. I suggest, however, that before the person file any case for annulment he/she check first with the NSO or the Civil Registrar if their marriage was recorded. Otherwise, as I stated, there is nothing to annul and the petition dismissible. Cheers. Quote Link to comment
MNdMud4s3x Posted January 20, 2009 Share Posted January 20, 2009 Sir, I apologize. I still believe, however, that a negative certification from the NSO and the Civil Registrar were the purported marriage was celebrated is more than sufficient to establish that no marriage ever occurred. I suggest, however, that before the person file any case for annulment he/she check first with the NSO or the Civil Registrar if their marriage was recorded. Otherwise, as I stated, there is nothing to annul and the petition dismissible. Cheers. i would have to agree on Godzilla on this bros. Confusion lies on the "fact of marriage" and "proof of marriage". while there is no other harder proof of the "fact of marriage" than the marriage contract itself, the same can be proved by other evidence such as witnesses, ie. solemnizing officer and the witnesses, the entries in the birth certificate of the child the spouses begot, if any, ect., the fact remains that marriage occurred between the parties. thus, remarriage would, notwithstanding the absence of the marriage contract, necessitate annulment or declaration of nullity, as the case maybe. On the other hand, if no one questions the remarriage of either spouse, well and good. the thing is this is a very risky thing to do, considering the implications. Quote Link to comment
aris_m Posted January 20, 2009 Share Posted January 20, 2009 i would have to agree on Godzilla on this bros. Confusion lies on the "fact of marriage" and "proof of marriage". while there is no other harder proof of the "fact of marriage" than the marriage contract itself, the same can be proved by other evidence such as witnesses, ie. solemnizing officer and the witnesses, the entries in the birth certificate of the child the spouses begot, if any, ect., the fact remains that marriage occurred between the parties. thus, remarriage would, notwithstanding the absence of the marriage contract, necessitate annulment or declaration of nullity, as the case maybe. On the other hand, if no one questions the remarriage of either spouse, well and good. the thing is this is a very risky thing to do, considering the implications. Sirs, Good point! And I agree A few questions...What would be my prayer for the petition for nullity or annullment? Should I still implead the Civil Registrar of the locality where I was married or the NSO? Should I still pray that a decree of annullment or nullity be recorded with the NSO and the Civil Registrar?... Thanks. Quote Link to comment
MNdMud4s3x Posted January 21, 2009 Share Posted January 21, 2009 (edited) Sirs, Good point! And I agree A few questions...What would be my prayer for the petition for nullity or annullment? Should I still implead the Civil Registrar of the locality where I was married or the NSO? Should I still pray that a decree of annullment or nullity be recorded with the NSO and the Civil Registrar?... Thanks. The prayer would be to have the marriage anulled or nullified, as the case maybe, depending on the grounds availing. There is no need to implead the CR or NSO, bakit naman? if either body would be impleaded, then this would be a different case altogether, not anulment or declaration of nullity, di ba? Of course, if the marriage is anulled or nullified, then the CR should be given a copy so as to rectify the records. For all we know, notwithstanding the absence of the contract, the respective status of the spouses have already been changed from single to married already. Edited January 21, 2009 by MNdMud4s3x Quote Link to comment
equipped Posted January 21, 2009 Share Posted January 21, 2009 Mga Atty. Hello Advise lang po sana inquiry. pano po ba ang hatian ng mana. My father is having a problem with his mana. Kasi his father left them when he was young. Nag karoon ng ibang pamilya. Noong late 80's mahina na ang lola ko nakiusap ang lolo ko na kung pwede sila tumira sa lupa nila. ngayon wala na ang lola ko. bago mamatay ang lolo ko nagtalotalo sa lupa kasi parang ayaw bigyan ng mana ang father ko ng lolo ko. The land was awaded by CARP kasi sila ang care taker sa lupa since his birth. Gusto ko po sana malaman papano ang hatian ng mana since my father is the legitimate child tama po ba na hatiin sa 3? single son po ang father ko hindi po ba lugi ang father ko doon kasi sila ang tenant doon kaya sa kanila inaward ng DAR ang lupa at kelan lang sila dumating. Tama po bang pantay pantay na hatian doon? 6 hectres po ang pinag uusapan. Hoping to find a clear explanation from our lawyers!!!! Thanks.... Quote Link to comment
Guest Dobermaxx Posted January 21, 2009 Share Posted January 21, 2009 I have a question for our legal eagles out there. Can a United States court subpoena data that is stored on a Philippine server? Case in point: A company in the U.S. is providing data storage services to U.S. residents. Now the data itself is stored on a computer that is physically in the Philippines. Does a U.S. court have any jurisdiction over the data itself and if not, what would a U.S. court need to do to access the data? Quote Link to comment
threshkreen Posted January 23, 2009 Share Posted January 23, 2009 The answer would depend, in large part, on the nature of the data and the place of law provided for by contract. For example, a lot of US data stored in offshore servers results from business process outsourcing (bpo) activities. This is where it gets tricky. There are a lot of entities that REQUIRE their data to be kept "onshore" -- that is, in the US. So, if this is contractually mandated, the offended party may seek enforcement from US courts. More specific would be the case of insurance providers in the US. Over there, there is legislation known as "HIPPA" or the health insurance privacy protection act. As a consequence of this legislation, it becomes illegal for insurance providers to bring this data offshore. As you can imagine, situations such as these have become tricky points for our BPO stalwarts to ponder. Having said that however, it will take some doing to get US court orders enforced in the country. Since the physical servers are located here, it is the law of the Philippines that should generally control, save for certain exceptions. (foreign sovereign property, foreign embassies, etc.) Hope this helps. Quote Link to comment
MNdMud4s3x Posted January 23, 2009 Share Posted January 23, 2009 Mga Atty. Hello Advise lang po sana inquiry. pano po ba ang hatian ng mana. My father is having a problem with his mana. Kasi his father left them when he was young. Nag karoon ng ibang pamilya. Noong late 80's mahina na ang lola ko nakiusap ang lolo ko na kung pwede sila tumira sa lupa nila. ngayon wala na ang lola ko. bago mamatay ang lolo ko nagtalotalo sa lupa kasi parang ayaw bigyan ng mana ang father ko ng lolo ko. The land was awaded by CARP kasi sila ang care taker sa lupa since his birth. Gusto ko po sana malaman papano ang hatian ng mana since my father is the legitimate child tama po ba na hatiin sa 3? single son po ang father ko hindi po ba lugi ang father ko doon kasi sila ang tenant doon kaya sa kanila inaward ng DAR ang lupa at kelan lang sila dumating. Tama po bang pantay pantay na hatian doon? 6 hectres po ang pinag uusapan. Hoping to find a clear explanation from our lawyers!!!! Thanks.... your father has to have half of the land. as i undertand, may 2 pang kahati ang erpat mo, who i presume are illegitimate children... based on the statement of facts, ryt? if that is the case, your father and the two other heirs are entitled to inherit the whole estate with your father having half of the whole parcel being the only legitimate child and the two others, with 1.5 hectares each. Quote Link to comment
wynd247 Posted January 23, 2009 Share Posted January 23, 2009 Sirs, Question lang po... A friend of mine is troubled. She loaned money from ChinaTrust, duration is 24 months. I think the total loaned money is around 36k. She was able to pay for the first installment, now a situation happened that led her to miss about 4 months up to now. Let's just say, she just gave birth last Nov and had not been reporting for work until Feb. The problem is, she received a text message from someone claiming that she was from the bank and asking to settle a specified amount or they will be forced to forward her account to a law firm or their lawyer for legal actions. I advised her to call the number and ask if she could make payment arrangement to pay for the overdue installments by Feb since that's the time she will be reporting back to work. They declined the arrangement and is asking her to pay about only 5k before 25 this month, even after explaining the situation. My question is, if it would result to legal proceedings what's the worse that could happen? Take note that my friend did not intentionally/maliciously opted not to pay her debt, its just because of the current situation that she is unable to do so. Does this constitute to imprisonment, since I believe that this would be against the constitution. Thank You. Quote Link to comment
manunundot Posted January 25, 2009 Share Posted January 25, 2009 any query about legal problems...? wag kang mahiya.. free legal advise ni Butsoy...hi i have a bit of a problem kasi 2 months n ako resigned from a callcenter company pero i noticed n sumusweldo p me ung una 4 k then 6 k then 9 k latest is 11k gusto ko lang malaman if the company can try to get it back or baka kasuhan ako i mean wala naman me ginawa na illegal during my stay there Quote Link to comment
GODzilla Posted January 26, 2009 Share Posted January 26, 2009 Sirs, Question lang po... A friend of mine is troubled. She loaned money from ChinaTrust, duration is 24 months. I think the total loaned money is around 36k. She was able to pay for the first installment, now a situation happened that led her to miss about 4 months up to now. Let's just say, she just gave birth last Nov and had not been reporting for work until Feb. The problem is, she received a text message from someone claiming that she was from the bank and asking to settle a specified amount or they will be forced to forward her account to a law firm or their lawyer for legal actions. I advised her to call the number and ask if she could make payment arrangement to pay for the overdue installments by Feb since that's the time she will be reporting back to work. They declined the arrangement and is asking her to pay about only 5k before 25 this month, even after explaining the situation. My question is, if it would result to legal proceedings what's the worse that could happen? Take note that my friend did not intentionally/maliciously opted not to pay her debt, its just because of the current situation that she is unable to do so. Does this constitute to imprisonment, since I believe that this would be against the constitution. Thank You. If the debt is left unpaid, it will accumulate so much interest making it harder for your friend to pay. if that is the case, a civil case for sum of money with damages may be filed against her. Afterwards, the decision will be executed and her personal or real property/ies may be levied. if there are no properties, her salary will be garnished. Worst case scenario? Well, she could lose her job, her properties and/or become blacklisted with other banks, preventing her from taking a loan in the future. Quote Link to comment
GODzilla Posted January 26, 2009 Share Posted January 26, 2009 hi i have a bit of a problem kasi 2 months n ako resigned from a callcenter company pero i noticed n sumusweldo p me ung una 4 k then 6 k then 9 k latest is 11k gusto ko lang malaman if the company can try to get it back or baka kasuhan ako i mean wala naman me ginawa na illegal during my stay there i pressume you received your salary through the atm. if the money you received is not a part of your bonus or other benefits due to you, then you have a moral and legal obligation to return the same since you received the money by accident or mistake. This falls under the category of "unjust enrichment". The moment they discover their mistake, they will send you a demand letter and if you fail to return the money, they could file a case aganist you to recover the money wrongfully given to you. Quote Link to comment
aris_m Posted January 27, 2009 Share Posted January 27, 2009 i pressume you received your salary through the atm. if the money you received is not a part of your bonus or other benefits due to you, then you have a moral and legal obligation to return the same since you received the money by accident or mistake. This falls under the category of "unjust enrichment". The moment they discover their mistake, they will send you a demand letter and if you fail to return the money, they could file a case aganist you to recover the money wrongfully given to you. Hmmmm...I agree with Boss GODzilla...I agree that you have a moral and legal obligation to return it (principle of solutio indebiti, similar to unjust enrichment I think).... So I guess you have return it....but you may ask for fees for keeping the money safe? hehehehehe .... pwede ba boss GODzilla? Quote Link to comment
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