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Butsoy

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ask lng po mga attorneys:

 

We filed a complaint against someone to the police then to city hall. the proceedings took some time and it was finally decided by the fiscal that there is indeed a valid criminal complain thru a registered letter send to us from city hall.

 

May i know what is the next move? Will city hall be the one to file the case in court and subpoena us and the respondent? or do we need to get a lawyer to file the file case in court.

 

if the respondent is nowhere to be found coz she went into hiding, how do we go from there?

 

thanks in advance.

 

When you say city hall, i think you are referring to the prosecutor's office. Anyway, after the fiscal finds probable cause, they will file an information (criminal complaint) with the court having jurisdiction over the case. Afterwards, a warrant usually follows. The fiscal will be the one who will represent you but you may secure the services of a private counsel if you want. If the respondent is in hiding, you have to wait when he/she will be arrested. After the arrest, or when the court acquires jurisdiction over the accused, then you proceed to trial.

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If you are not given any satisfactory explanation by SMART, you can go the Department of Trade and Industry to file a complaint.

 

 

i was simply told that the wireless center will provide me with the micvro sd once the stock becomes available

 

the two personnel simply called to say sorry,

 

dishonesty should not be tolerated by smart :thumbsdownsmiley:

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Need your help Sirs...

 

Nine-years ago, my cousin married his wife unaware that his wife is still married to her first husband. To make it short, their marriage is invalid.

 

Now, my cousin wants their marriage be voided. I mean with complete legal documents and stuff.

 

What are the steps needed to be done?

 

Thanks in advance and more power to MTC.

Edited by stL
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i was simply told that the wireless center will provide me with the micvro sd once the stock becomes available

 

the two personnel simply called to say sorry,

 

dishonesty should not be tolerated by smart :thumbsdownsmiley:

 

You can still go to the Consumer Complaint Department of the DTI because Smart apparently violated the terms of the promo by not giving you the micro sd card when you availed of it.

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Constitution Article III Sec. 20 No person shall be imprisoned for debt or non-payment of poll tax.

even if it proceeds to litigation, she just has to promise to pay.

 

 

Mali ka dyan bro. kasi nde ka makaka loan sa banko without issuing PDC checks so ang kaso nyan is bouncing check. BP22 ata un hehe.. pero maliit na amount lang yan. payo ko is call the chinatrust bank. mabilis lang ayusin yan. explain mo lang side mo and start paying.. y i know it?? gnyan din ako hehe. dami ko na delayed tinakot pa nga ako ng banko na warrant of arrest. pero kausapin lang den ayus na lahat... no big deal. small amount lang kasi.. well i have to pay mins in the 10th kasi pangatlong buwan ko na delayed hehe..

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Need your help Sirs...

 

Nine-years ago, my cousin married his wife unaware that his wife is still married to her first husband. To make it short, their marriage is invalid.

 

Now, my cousin wants their marriage be voided. I mean with complete legal documents and stuff.

 

What are the steps needed to be done?

 

Thanks in advance and more power to MTC.

 

1. secure certified NSO copies of the two marriage certificates and birth certificates of the children if any;

2. hire a lawyer who will prepare the petition for declaration of nullity of marriage on the ground of bigamous marriage;

3. prepare for trial.

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1. secure certified NSO copies of the two marriage certificates and birth certificates of the children if any;

2. hire a lawyer who will prepare the petition for declaration of nullity of marriage on the ground of bigamous marriage;

3. prepare for trial.

Thank you Ser.

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Kulang pa yan. Kumuha ka ng ebidensya na di pa napapawalang-bisa yung unang kasal (a certification from the Civil Registrar where the 1st marriage is registered stating na di pa ito napapawalang-bisa would be the best).

 

Mangangailangan ka rin ng ebidensya (kahit ano, basta acceptable sa korte) na buhay pa yung unang asawa. Kasi, hihingi ang korte ng ebidensya na nung panahon na nagpakasal silang dalawa ay buhay pa yung unang asawa (kasi nga naman, kung patay na, pwede na siyang magpakasal uli). Madali kasing sabihin na kasal na siya nung panahon na nagpakasal siyang muli, pero kailangan mo ring patunayan na subsisting pa yung unang kasal nung sila ay nagpakasal (kung may personal na nakakakilala dun sa unang asawa at magtetestigo na buhay pa ito, madali, pero kung di mo naman kilala si unang asawa at di mo alam kung saan mo ito mahahagilap, me problema ka).

 

Thank you Ser.
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Kulang pa yan. Kumuha ka ng ebidensya na di pa napapawalang-bisa yung unang kasal (a certification from the Civil Registrar where the 1st marriage is registered stating na di pa ito napapawalang-bisa would be the best).

 

Mangangailangan ka rin ng ebidensya (kahit ano, basta acceptable sa korte) na buhay pa yung unang asawa. Kasi, hihingi ang korte ng ebidensya na nung panahon na nagpakasal silang dalawa ay buhay pa yung unang asawa (kasi nga naman, kung patay na, pwede na siyang magpakasal uli). Madali kasing sabihin na kasal na siya nung panahon na nagpakasal siyang muli, pero kailangan mo ring patunayan na subsisting pa yung unang kasal nung sila ay nagpakasal (kung may personal na nakakakilala dun sa unang asawa at magtetestigo na buhay pa ito, madali, pero kung di mo naman kilala si unang asawa at di mo alam kung saan mo ito mahahagilap, me problema ka).

 

Thank you sir. That's why its really important to consult a lawyer personally so that the advice given is based on all the facts presented.

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Good day to all. I have an ongoing NLRC (Labor) Case against Lozada Commercial Corporation. This is a consolidated case of eight individuals. Nanalo na po kami sa Arbiter Level at mayroon na pong decision to reinstate all to their former positions or to merely reinstate to payroll. The company chose payroll reinstatement and they signed an agreement in the presence of the arbiter. That was year 2007.

 

Last December 22, 2008 I decided to take matters into my own hands, since pakiramdam ko ay walang nangyayari sa mga sinasabi ng lawyer namin, Yun pala hindi naman siya nag file ng kahit anong motion. I personally file a Motion for Writ of Execution for Accrued Salaries, as of that date, it reaches a whooping 1.5 million pesos.

 

Hanggang ngayon po ay wala pang sagot ang arbiter kung nasaan na ang Writ of Execution na aming hinihiling sa kanya.

 

Sana po ay mayroong makatulong sa amin dito. Ako naman po ay bukas ang isipan na mamahagi ng aking makakamtan pag dating ng araw ng pagtanggap ng aming pera.

 

Maraming salamat po.

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Good day to all. I have an ongoing NLRC (Labor) Case against Lozada Commercial Corporation. This is a consolidated case of eight individuals. Nanalo na po kami sa Arbiter Level at mayroon na pong decision to reinstate all to their former positions or to merely reinstate to payroll. The company chose payroll reinstatement and they signed an agreement in the presence of the arbiter. That was year 2007.

 

Last December 22, 2008 I decided to take matters into my own hands, since pakiramdam ko ay walang nangyayari sa mga sinasabi ng lawyer namin, Yun pala hindi naman siya nag file ng kahit anong motion. I personally file a Motion for Writ of Execution for Accrued Salaries, as of that date, it reaches a whooping 1.5 million pesos.

 

Hanggang ngayon po ay wala pang sagot ang arbiter kung nasaan na ang Writ of Execution na aming hinihiling sa kanya.

 

Sana po ay mayroong makatulong sa amin dito. Ako naman po ay bukas ang isipan na mamahagi ng aking makakamtan pag dating ng araw ng pagtanggap ng aming pera.

 

Maraming salamat po.

 

Keep making follow up calls and even visits to the arbiter. If nothing happens, file an Urgent Motion for Early Resolution. I suggest you get yourself a new lawyer to handle the matter. Btw, who is the arbiter?

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I plan to buy property that is mortgaged with a bank. Which would be a better way to proceed with the sale:

 

a) agree to put up the balance of the morgtage as earnest money in a Conditional Deed of Sale. The owner works the release of title from the bank, then I pay the balance of the purchase price and consumate the sale with an Absolute Deed?

 

or

 

B) execute an Absolute Deed of Sale with the owner, pay him his share of the purchase price after deducting the balance of the mortgage and I pay the balance of the mortgage and work for the release from the bank and transfer the title after release from the bank?

 

Kindly advice your thoughts on the matter. Thanks in advance.

 

 

I think B is the better option since ownership is immediately transferred to you (I assume you'll be paying the full price). Since the property is still mortgaged, I recommend you get the bank's written consent to avoid any possible legal problems. I don't think the bank will oppose since their credit will not be adversely affected.

 

Btw, when you pay the bank the balance of the mortgage, make sure the bank issues receipts or other documents acknowledging that your payments are for the satisfaction of the mortgage and not for any other reasons. I work in a bank and I've encountered this type of problem before.

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Good day to all. I have an ongoing NLRC (Labor) Case against Lozada Commercial Corporation. This is a consolidated case of eight individuals. Nanalo na po kami sa Arbiter Level at mayroon na pong decision to reinstate all to their former positions or to merely reinstate to payroll. The company chose payroll reinstatement and they signed an agreement in the presence of the arbiter. That was year 2007.

 

Last December 22, 2008 I decided to take matters into my own hands, since pakiramdam ko ay walang nangyayari sa mga sinasabi ng lawyer namin, Yun pala hindi naman siya nag file ng kahit anong motion. I personally file a Motion for Writ of Execution for Accrued Salaries, as of that date, it reaches a whooping 1.5 million pesos.

 

Hanggang ngayon po ay wala pang sagot ang arbiter kung nasaan na ang Writ of Execution na aming hinihiling sa kanya.

 

Sana po ay mayroong makatulong sa amin dito. Ako naman po ay bukas ang isipan na mamahagi ng aking makakamtan pag dating ng araw ng pagtanggap ng aming pera.

 

Maraming salamat po.

 

kung ako yan, mandamus.

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