legal Free Legal Advice

[GODzilla]

mga sir pahingi naman ng advice

 

may nasangla po kasi na lupa sa father ko at hindi na nabayaran sa father ko kaya naremata namin nakuha namin ang original na tutulo ng lupa kaso nga lang namatay yung father ko last year ngayon po ay gusto sana namin isangla ang lupa kaso hindi na namin makita yung kasulatan na nakuha namin yung lupa pero nasa amin na ang original land title pwede ba namin na isangla yung lupa gamit and original title lang sa banko???

 

you must get the registered owner to issue an SPA in your favor, authorizing you to mortgage/sell the property. mere possession alone of the original title is not enough. if they refuse, you will have to file an action for judicial foreclosure.

[moed]

"Art. 2088 Civil Code. The creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them. Any stipulation to the contrary is null and void."

The heirs of the previous mortgagee I believe should institute foreclosure proceedings against the mortgagor. In this case it would be hard for them to prove the mortgage contract since they don't have it. Under Art. 1358 of the Civil Code. Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property must appear in a public document.

Granted that the mortgage contract is still valid and enforceable not withstanding the loss of the contract between the parties, it will be more difficult for the heirs to prove that the mortgage contract did exist and that they will now be foreclosing on it. Unless of course the mortgagor has a copy and will provide them with it, or admit that they did mortgage the land and were unable to pay back the loan.

Edited February 20, 2009 by moed

[ko5he4]

you must get the registered owner to issue an SPA in your favor, authorizing you to mortgage/sell the property. mere possession alone of the original title is not enough. if they refuse, you will have to file an action for judicial foreclosure.

 

 

"Art. 2088 Civil Code. The creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them. Any stipulation to the contrary is null and void."

The heirs of the previous mortgagee I believe should institute foreclosure proceedings against the mortgagor. In this case it would be hard for them to prove the mortgage contract since they don't have it. Under Art. 1358 of the Civil Code. Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property must appear in a public document.

Granted that the mortgage contract is still valid and enforceable not withstanding the loss of the contract between the parties, it will be more difficult for the heirs to prove that the mortgage contract did exist and that they will now be foreclosing on it. Unless of course the mortgagor has a copy and will provide them with it, or admit that they did mortgage the land and were unable to pay back the loan.

 

salamat mga sir sa reply!!

 

yun nga ang problema mga sir ayaw nila makipagtulungan sa amin dapat pala mag file na kami ng action for judicial foreclosure tama po ba?

[moed]

Kailangan mabasa mortgage contract dahil minsan sa mortgage contract may provision na nagbibigay authority sa mortgagee to extrajudicially foreclose. Mabigat kasi pag judicial, mahaba at magastos. Baka kung alam nyo man lang kung sino notary public para makakuha kopya. Pag wala kayo kopya ng contract, kailangan pa muna maprove na meron nga contract of mortgage father nyo with the mortgagee at hinde nagawa ng mortgagor ang obligation nya under the contract , so lalong masmahirap pa dadaanan. Sa tagal ba naman takbo kaso dito sa Pilipinas at sa mahal bayad sa fees at abogado, baka masmalaki pa magastos kaysa value ng lupa.

[kevin6a12]

A certain Law Firm is sending me letters saying that if I don't settle my balance with an ISP company, they will post my name on Newspapers like Manila Bulletin, Manila Star and Philippine Daily Inquirer.

 

Is this True?

Can they Do this?

 

My balance with that company is a little over P3000.

 

The reason why I am not paying the company is because at the time that I was still using their service, it was either slow or no connection at all and it went on for 2 and a half months.

[jopok]

have a question ,dont know if it fits in here,,may lupa ung grandfather ko,maliit lang naman,ung nga lang nasa bayan,,7 na magkakapatid ang father ko,4 are already dead including my father,,ang problem ay ito,ung bunso nila(patay na din)nung nabubuhay pa ay nagpapirma ng kasulatan na nagsasabing ibinibigay sa kanya ng magkakapatid ang karapatan sa pamamahala ng lupa,dun (din kasi sya nakatira) nagawa nyang papirmahin sa kasulatan ung 2 kapatid na babae at yun 1 kapatid na may karamdaman..ung 3 kapatid (father ko,ung panganay nila,at ung siniundan ng bunso)ay mga patay na,so di sila kasama dun sa pirma or kahit sino anak o representative nila...ang tanong ko,pag kwenestyon ko ung ginawang pagtratranfer ng property sa pangalan ng bunso at sa heir nya..may karapatan ba ako,at legal ba ang ginawang ng tyuhin ko na pag papalipat ng titulo sa pangalan nya?ano aksyon pwede ko gawin para maitama ito...ang worth ng lupa eh baka nasa 3 or 4M

[Dr_PepPeR]

A certain Law Firm is sending me letters saying that if I don't settle my balance with an ISP company, they will post my name on Newspapers like Manila Bulletin, Manila Star and Philippine Daily Inquirer.

 

Is this True?

Can they Do this?

 

My balance with that company is a little over P3000.

 

The reason why I am not paying the company is because at the time that I was still using their service, it was either slow or no connection at all and it went on for 2 and a half months.

 

It seems to me that having your name published in the papers would cost considerably more than what you owe them. I think they're bluffing.

[moed]

Kung pamamahala lang ang pinirmahan na kasulatan sa bunsong kapatid, hinde kasama ang paglipat sa kanya ng property. Yung tanong e kung anong pamamagitan ang ginamit ng bunsong kapatid para malipat ang lupa sa kanya. Dapat kasi mahabang proseso ang paglipat maski sa magkakapatid lang ng lupa, may settlement ng estate ng grandfather, kung saan bayaran estate tax para malipat sa heirs ang lupa. Kung nauna namatay father nyo sa lolo, kayo mga anak dapat nakalagay don, kung nauna naman lolo namatay, tatay nyo nakalagay don. Kung namatay tatay nyo after sa lolo , settle naman estate ng father nyo para mapalitan pangalan ng father nyo sa title at kayo na mga anak nya mayari ng share nya sa lupa. Ito lang naman ay kung intestate succession o walang will yung lolo. Puede mong tingnan sa Register of Deeds mga transaction sa lupa na yan para malaman paano na lipat sa uncle mo yang tct nyan.

[mlpf]

A certain Law Firm is sending me letters saying that if I don't settle my balance with an ISP company, they will post my name on Newspapers like Manila Bulletin, Manila Star and Philippine Daily Inquirer.

 

Is this True?

Can they Do this?

 

My balance with that company is a little over P3000.

 

The reason why I am not paying the company is because at the time that I was still using their service, it was either slow or no connection at all and it went on for 2 and a half months.

 

The moment the law firm does something like that, file a case against them for disbarment for harming your reputation through unnecessary publicity as well as a criminal case for Libel.

[meet_joeblack]

Sir ask ko lang po. lasi may kaibigan ako na kaksuhan daw ng isang credit card company, my friend is willing to pay pero yun binabayad ng friend ko ayaw tanggapin dahil maliit lang. ang gusto is bayaran yun full amount whci is 100k plus or monthly na 10k, di kaya bayaran ng friend ko. then the legal office send a leeter to my friend na kakasuhan daw ng republic act 8484, pede po ba yun? then may criminal liability ba yun friends ko dahil sa hindi pagbayad ng card? nakikicooperate naman friend ko kasi ayaw pagbigayan request niya. walang wala kasi yun friend ko and he cannot afford to have a lawyer. anu po ba magandang advice? thanks po.

[mlpf]

Sir ask ko lang po. lasi may kaibigan ako na kaksuhan daw ng isang credit card company, my friend is willing to pay pero yun binabayad ng friend ko ayaw tanggapin dahil maliit lang. ang gusto is bayaran yun full amount whci is 100k plus or monthly na 10k, di kaya bayaran ng friend ko. then the legal office send a leeter to my friend na kakasuhan daw ng republic act 8484, pede po ba yun? then may criminal liability ba yun friends ko dahil sa hindi pagbayad ng card? nakikicooperate naman friend ko kasi ayaw pagbigayan request niya. walang wala kasi yun friend ko and he cannot afford to have a lawyer. anu po ba magandang advice? thanks po.

 

Have your friend get a lawyer from the PAO or the IBP Legal Aid Office. The law firm is misrepresenting what RA 8484 says. The law punishes the obtaining and/or use of credit cards through fraud and/or deceit. It also punishes the tampering and counterfeiting of credit cards. The mere fact that your friend is unable to pay does not make him liable for credit card fraud. His liability is merely civil in character.

[meet_joeblack]

Have your friend get a lawyer from the PAO or the IBP Legal Aid Office. The law firm is misrepresenting what RA 8484 says. The law punishes the obtaining and/or use of credit cards through fraud and/or deceit. It also punishes the tampering and counterfeiting of credit cards. The mere fact that your friend is unable to pay does not make him liable for credit card fraud. His liability is merely civil in character.

 

Thank you sir sa reply, i will tell my friend about it. Then ask ko rin po pede rin ba siya makasuhan ng criminal case? Saka yun pagbayad niya ng amount , let say the bank requires him to pay 10,000 monthly pero kaya lang niya 3k or 1k basta makabayad sya kasi may other expense din sya, pede ba siya kasuhan ng ganun? tnx po sir.

[mlpf]

Thank you sir sa reply, i will tell my friend about it. Then ask ko rin po pede rin ba siya makasuhan ng criminal case? Saka yun pagbayad niya ng amount , let say the bank requires him to pay 10,000 monthly pero kaya lang niya 3k or 1k basta makabayad sya kasi may other expense din sya, pede ba siya kasuhan ng ganun? tnx po sir.

 

The bank can try and file a criminal case at the Fiscal's office for leverage. However, I doubt if the complaint for RA 8484 will pass. The more likely scenario is that the bank will sue your friend for collection of money. This is only a civil case. One last thing, the Supreme Court is now requiring all lawyers to render free legal service. However, the implementing guidelines are still being formulated by the IBP. For now, please advise your friend to go to either the PAO or the IBP Legal Aid Office.

Edited February 28, 2009 by mlpf

[Pittman]

True, these collecting agencies are using RA 8484 as a means to threaten people to pay their credit card obligations when actually, and most often than not, their liability is only civil in nature.

[Dr_PepPeR]

One last thing, the Supreme Court is now requiring all lawyers to render free legal service. However, the implementing guidelines are still being formulated by the IBP. For now, please advise your friend to go to either the PAO or the IBP Legal Aid Office.

 

The Supreme Court's version of Community Service. For non-practicing lawyers (i.e. those who are employed by companies) they can pay P20,000.00 to fund the free legal service activities. First it was the MCLE, and now this is the latest fund-raising activity.

[Google]

good afternoon po.

 

i would like to seek advice about training bond. i have been working for a year in this company as a programmer. when i was employed, i was asked to sign a training bond worth almost 100k. they have promised (verbally) a certification training but all i had is an in house training. now i was offered a good position in a large company but i cant pay the bond here.

 

please give me some idea on how legal are training bonds.

 

 

imho... pay the cost of the in-house training... yun lang naman ang ginastos nila eh.

pero seriously, unenforcable yan.

[b_9904]

A certain Law Firm is sending me letters saying that if I don't settle my balance with an ISP company, they will post my name on Newspapers like Manila Bulletin, Manila Star and Philippine Daily Inquirer.

 

Is this True?

Can they Do this?

 

My balance with that company is a little over P3000.

 

The reason why I am not paying the company is because at the time that I was still using their service, it was either slow or no connection at all and it went on for 2 and a half months.

 

dont worry about it... pag hinabol ka may defense ka naman ah.

 

also, 3k!!! sus me!!! utang ko sa sky cable is like 10k wala silang magawa kasi pinapaputol ko na yung service ayaw nilang putulin no matter how many times i call them. then ng pinutol na sabi nila may utang daw ako.

 

minura ko yung collecting agent telling them my side.

 

its been a year na since, la naman silang action na finile.

 

realistically, kung idemanda nila ako mas malaki pa sa 10k ang gagastosin nila.

 

in your case may karapatan kang wag mag bayad since breach of contract din sila for providing super crappy service.

[bonito99]

The moment the law firm does something like that, file a case against them for disbarment for harming your reputation through unnecessary publicity as well as a criminal case for Libel.

 

 

 

What law firm would do that?

[Exomaran]

Mga sir paadvice fin po ako related sa credit card case - yung pinsan ko po kasi, umuwi galing abroad dahil natanggal sa trabaho. Problema e hinahabol siya ngayon ng cerdit card company from that country na bayaran niya daw yung amount na balance sa card niya. Ang pinsan ko naman, walang pang source of income ngayon, at nakikinegotiate daw sya sa banko na isuspend muna ang payments hanggang makahanap siya ng trabaho. Ang balance is around 200k pesos.

 

Hindi pumapayag ang bank, at nagthraten na to file a criminal case against him and ban him from immigration dito. Tama po ba na gawin ng overseas bank yun at kaya ba nilang gawin yun? Ano po ba ang magandang gawin dito? (yung bank po ay may local counterpart)

Edited March 6, 2009 by Exomaran

[jun777]

hello,

how do you get a copy of a Notarized Document?

I have a Deed of Sale notarized by Atty. xx xx in 1997 City of Manila Doc .No xx Page xx

 

How do I get a copy from Atty. xx xx?

Is there a central database of addresses for lawyers somewhere?

 

Can I get a copy from him/her?

 

Thanks

[mlpf]

Mga sir paadvice fin po ako related sa credit card case - yung pinsan ko po kasi, umuwi galing abroad dahil natanggal sa trabaho. Problema e hinahabol siya ngayon ng cerdit card company from that country na bayaran niya daw yung amount na balance sa card niya. Ang pinsan ko naman, walang pang source of income ngayon, at nakikinegotiate daw sya sa banko na isuspend muna ang payments hanggang makahanap siya ng trabaho. Ang balance is around 200k pesos.

 

Hindi pumapayag ang bank, at nagthraten na to file a criminal case against him and ban him from immigration dito. Tama po ba na gawin ng overseas bank yun at kaya ba nilang gawin yun? Ano po ba ang magandang gawin dito? (yung bank po ay may local counterpart)

 

What kind of criminal case is the bank threatening to file? If it is for RA 8484, then it is a big bluff. The law does not punish as a criminal offense mere non-payment of credit card debt. It cannot be Estafa for there is no fraud involved. Your cousin's liability is merely civil in character. The bank may file a criminal case for leverage, but I doubt that the Fiscal will let it pass. One option is for your friend to file for insolvency under the insolvency law. Have him get a lawyer from the PAO or the IBP Legal Aid Office.

[accountingboy]

To get a copy of the notarized doc, go to the clerk of court of the palce whre the lawyer who notarized the doc was practicing

[Firewolf9]

Sir may alam ba kayo saan pwede Civil wedding sa Quezon City? Thanks

[mlpf]

Sir may alam ba kayo saan pwede Civil wedding sa Quezon City? Thanks

 

I suggest you go to the Quezon City Metropolitan Trial Court. Bring your marriage license to the MTC Clerk of Court. They will schedule your wedding before a MTC Judge.

Edited March 7, 2009 by mlpf

[Arneeious]

Is it legal for a call center to deny an employee maternity leave/benefits?