legal Free Legal Advice

[dogbite]

Dear Guys,

 

I need a legal advise regarding my failed relationship. I had a leave in partner for almost 15 years and blessed with 2 kids. The problem is this, I was able to invest some properties and a house under my name but the girl doesn't want to leave the house. The girl had her boyfriend na rin and I had my own family too and leave on a different house.

 

Please advise me what legal grounds to do since she doesn't want to vacate the house I owned.

[GODzilla]

Dear Guys,

 

I need a legal advise regarding my failed relationship. I had a leave in partner for almost 15 years and blessed with 2 kids. The problem is this, I was able to invest some properties and a house under my name but the girl doesn't want to leave the house. The girl had her boyfriend na rin and I had my own family too and leave on a different house.

 

Please advise me what legal grounds to do since she doesn't want to vacate the house I owned.

 

File an ejectment case. Just remember though that properties acquired during a common-law relationship is co-owned by the parties. Also, be prepared for the repurcussions to follow in the event you decide to evict her such as her asking for support for your children with her or as i have mentioned, claiming half of said property.

[dogbite]

File an ejectment case. Just remember though that properties acquired during a common-law relationship is co-owned by the parties. Also, be prepared for the repurcussions to follow in the event you decide to evict her such as her asking for support for your children with her or as i have mentioned, claiming half of said property.

 

Thanks for the advise Sir, my other problem is that she is keeping the title of the house. I tried to settle with her thru 50/50 sharing but she doesnt want it. Another thing is, Iam working abroad, would it be possible to get a lawyer in Philippines and file the ejectment case for me.

[dylandark]

HI good day to all. ano po bang pedeng mangyari dito, ito facts. Brothers A and B ay meron nang di pagkakaunawaan kay Brothers C and D, then one night si A at C ay nagkatagpo at nagkainitan hanggang nauwi sa suntukan, nangyari ito sa tapat ng bahay ni Bro A and B, then nakita ito ni B then natural tutulungan niya ung kapatid niyang si A, kumuha sya ng samurai na di naman matalas (nakatambak na lang sa bakuran) at pinampalo nya kay C, so lumalabas A and B vs C na, mayamaya dumating si D na bro ni C na may dalang gulok(bolo) at sumali na din sa gulo gamit yung gulok tinamaan si A sa ulo(back part), hangang sa parang nagrarambol na sila, si C naman marami din sugat pero di malala. at dahil nga may tama na sa ulo si A eh tumakbo na sya papalayo at si B mabilis na din pumasok sa bahay nila at ini-lock yung gate. Matapos nun hindi pa din umalis sila Bro C and D, nagsisisigaw sa tapat na bahay, kinakalbog yung gate, pilit na inaakyat yung bakod, at sigaw ng sigaw na "papatayin ko yang mga anak mo boy! Ilabas mo sila dito!"(dad nila A and matagal sila dun, si C pilit pang hinabol at hinanap yung nakatakbong si A at si D namn naiwan dun para abangan yung lalabas sa gate at dala pa din yung gulok. matagal silang nagpaikot-ikot hanggang dumating mga ppulis at saka sila nagtatatakbo papalayo. Kinabukasan nagdemanda si C and D ng attempted homicide. ano po bang pwedeng gawin nila A and B dito. if any ano bang crime ang nacommit ni A and B, and ano bang crime ang nacommit ni C and D? sorry po at napakahaba. pinsan ko po si A and B, gusto ko lang po makatulong sa kanila. pinayuhan sila ng fiscal na wag na muna kumuha abogado kasi di pa nmn kailangan sa ngayon. pa-shed namn po ng some light. MARAMING SALAMAT PO!!!

[dylandark]

i forgot to mention that brothers C and D just came from a drinking session and maybe intoxicated at some level pero mukha namn di lasing na lasing kasi kaya pa nila makipagrambol in fact tinakbuhan pa sila nung nakalaban nila, and si D is a well known long time drug addict sa aming lugar. minsan nangttrip na lang yan ng kahit sino. even me pinagttripan nun. gusto ko lang idagdag maybe it would make any difference. THANKS AGAIN!

[Shawie]

Hello... May tanong lang ako. Nakatira kami ng parents and siblings ko at one of the apartments na tinayo ng grandparents ko. It was verbally communicated to my father and us na ipapamana ang isang unit na iyon sa amin. Although yung unit is core lang namin nakuha, kung baga unit lang talaga at kami na ang nagpagawa ng loob, mga cabinets, flooring and such... and just recently, we have renovated the back door, kitchen adjacent to the bathroom. Last September 2008, there was a misunderstanding between my father and lola, which resulted to mother-son war. Which in turn affected everything. My Lola is now asking us to leave the house as their life, she mused, are now in danger because of my father (he drinks beer everyday and sometime tends to really be quite loud -- speaks his mind out loud). My question is can we ask them to pay for all of the expenses incurred in renovating the place? we don't have the receipts of course as we really didn't see that it would all come to this. It is in no doubt that the place was renovated as it is very different from the other 3 units; and gano kaya katagal bago kami mapalayas sa bahay na akala namin eh sa amin? As of to date, my lola & lolo has asked the help of our brgy and petition for our eviction. My father and lola are scheduled to meet and talk this saturday. Can you give inputs pls? Ano sa tingin nyo ang laban namin or ng papa ko... btw, my grandparents has informed my father na wala syang mana na matatanggap from them.... Sana mabigyan mo ng linaw ang aking mga questions. Salamat sa iyong time and attention.

[julian69]

If the Administration candidate for President will be Teodoro or Fernando and the Vice-President candidate will be Gloria Macapagal, and they will win the election, and later President Teodoro or President Bayani will resign and Vice-President Gloria will take over the Presidency, is this Legal?

[muffin]

Lack of parental consent when required makes the marriage voidable.

Parental advice, again when required, is only a requisite for the issuance of a marriage license. If parties are able to acquire a license even without the required parental consent, the marriage is valid.

 

 

Thanks for the quick response.

 

Follow up question. Who has the authority to marry two persons? can it be just anyone with a license to wed?

[Butsoy]

Of course your father can demand reimbursement of expenses minus reasonable rentals, if there are no more receipts expenses can be established through proper valuation by independent party.. my advise is dont move out until there is a decision for you to vacate from the court. in otherwords let your Lola file an ejectment suit. (kaya nyo kaya makipag laban sa korte sa lola mo?) pag dating sa mana the law provides how a forced heir may be disinherited... kukuha na kayo ng abugado niyan...

 

Butsoy

 

 

 

Hello... May tanong lang ako. Nakatira kami ng parents and siblings ko at one of the apartments na tinayo ng grandparents ko. It was verbally communicated to my father and us na ipapamana ang isang unit na iyon sa amin. Although yung unit is core lang namin nakuha, kung baga unit lang talaga at kami na ang nagpagawa ng loob, mga cabinets, flooring and such... and just recently, we have renovated the back door, kitchen adjacent to the bathroom. Last September 2008, there was a misunderstanding between my father and lola, which resulted to mother-son war. Which in turn affected everything. My Lola is now asking us to leave the house as their life, she mused, are now in danger because of my father (he drinks beer everyday and sometime tends to really be quite loud -- speaks his mind out loud). My question is can we ask them to pay for all of the expenses incurred in renovating the place? we don't have the receipts of course as we really didn't see that it would all come to this. It is in no doubt that the place was renovated as it is very different from the other 3 units; and gano kaya katagal bago kami mapalayas sa bahay na akala namin eh sa amin? As of to date, my lola & lolo has asked the help of our brgy and petition for our eviction. My father and lola are scheduled to meet and talk this saturday. Can you give inputs pls? Ano sa tingin nyo ang laban namin or ng papa ko... btw, my grandparents has informed my father na wala syang mana na matatanggap from them.... Sana mabigyan mo ng linaw ang aking mga questions. Salamat sa iyong time and attention.

[muffin]

Thanks for the quick response.

 

Follow up question. Who has the authority to marry two persons? can it be just anyone with a license to wed?

 

 

Hi i would like to seek help regarding the authenticity of a secret marriage. The relationship has gone bad and before thinking of annulment, we would like to have our marriage certificate checked first and see if the marriage is valid. I have doubts regarding the solemnizer of the marriage and maybe this would be the cause of the invalidation of the secret marriage. Who can we contact for this service of checking the authenticity of the solemnizer? It's a rev. and we don't know what religious org it was and none of the married couple are members of that religious org whatever that is.

[Shawie]

Of course your father can demand reimbursement of expenses minus reasonable rentals, if there are no more receipts expenses can be established through proper valuation by independent party.. my advise is dont move out until there is a decision for you to vacate from the court. in otherwords let your Lola file an ejectment suit. (kaya nyo kaya makipag laban sa korte sa lola mo?) pag dating sa mana the law provides how a forced heir may be disinherited... kukuha na kayo ng abugado niyan...

 

Butsoy

 

Thank u, sir butsoy. Ano naman kaya ang magiging laban namin sa kanila? Since kanila nman talaga yung bahy. Will it not be useless to fight them in court if talo din namn kami in the end?? Also, u mean dadaan pa sa law ung disinheritance (may word bang ganyan) ng papa ko before sya madisinherit?

 

Salamat ulet.

[Butsoy]

Positive attitude my dear

 

Thank u, sir butsoy. Ano naman kaya ang magiging laban namin sa kanila? Since kanila nman talaga yung bahy. Will it not be useless to fight them in court if talo din namn kami in the end?? Also, u mean dadaan pa sa law ung disinheritance (may word bang ganyan) ng papa ko before sya madisinherit?

 

Salamat ulet.

[moridins79]

Hi i would like to seek help regarding the authenticity of a secret marriage. The relationship has gone bad and before thinking of annulment, we would like to have our marriage certificate checked first and see if the marriage is valid. I have doubts regarding the solemnizer of the marriage and maybe this would be the cause of the invalidation of the secret marriage. Who can we contact for this service of checking the authenticity of the solemnizer? It's a rev. and we don't know what religious org it was and none of the married couple are members of that religious org whatever that is.

 

when did you get married? If prior to August 31, 1988, you'll be covered by the Civil Code. If after, teh Family Code. Under the Civil Code, if the person performing the marriage had no authority to do so, the marriage is void. Under the Fanily Code, even if the solemnizing officer is not authorized, the marriage would be valid if either or both parties believe in good faith in his authority to solemnize the marriage.

[GODzilla]

Hi i would like to seek help regarding the authenticity of a secret marriage. The relationship has gone bad and before thinking of annulment, we would like to have our marriage certificate checked first and see if the marriage is valid. I have doubts regarding the solemnizer of the marriage and maybe this would be the cause of the invalidation of the secret marriage. Who can we contact for this service of checking the authenticity of the solemnizer? It's a rev. and we don't know what religious org it was and none of the married couple are members of that religious org whatever that is.

 

the first place to start is the NSO. if there is a certified copy of the marriage contract then it is pressumed to be authentic. If there is one on record, then look for the marriage license number. chances are, if it is a "secret marriage" then it is usually a fictitious license number. go check the place where it was supposedly issued and verify if such license exists.

[muffin]

the first place to start is the NSO. if there is a certified copy of the marriage contract then it is pressumed to be authentic. If there is one on record, then look for the marriage license number. chances are, if it is a "secret marriage" then it is usually a fictitious license number. go check the place where it was supposedly issued and verify if such license exists.

 

Does the place of marriage have any effect as to the authenticity?

 

Yes, this is a secret marriage. In QC hall, where can i verify there if the license exists?

[GODzilla]

Does the place of marriage have any effect as to the authenticity?

 

Yes, this is a secret marriage. In QC hall, where can i verify there if the license exists?

 

the license number as well as the place where it was issued is indicated in the marriage certificate.

[aspirecaptured]

Hello po.. Please help me regarding this matter..

 

 

My family have a small trading business.. My Dad is a natural born Chinese which will turn 50 yrs. old this august. He has an Alien Certificate of Registration(ACR).. SSS is requiring my dad to contribute. I just want to know if my dad pay the necessary fees, will he be able to avail pension when he reaches 60?

[mat#lab]

how long does it take for an assault and tress passing case to be resolved in the Philippines. given that all evidence and proper documents are present and underground contacts? and what will happen if the other party submits a counter case? thank you!

[Wall999]

Is there anyone familiar with the regulation regarding the intellectual Property in the Philippines?

 

I have been planning to start the "BOX" shop in the Philippines. The concept of this store is that I sub-lease the space of my shop on the basic of per cubic foot by putting display showcase (cabinet) which consist many partition (or small box which is 1'x 1' x 1' each). This is very popular in Japan, Hong Kong and Taiwan for the last 10 years.

 

However, when I am looking for a good location for my shop, I found out someone started same kind of store this week. and they have web page http://funboxph.multiply.com

 

Which is exactly the same theme as my store.

 

Unfortunately, they claim that "The "box store concept" of Funbox has been patented. Please report sightings of other stores using the same concept".

 

I check the IPO Philippines, they have pending registration of the trademark but i am not sure if they really patented the concept.

 

Per my limited knowledge of patent, I don't think this kind of simple "store concept" can be patented. But I am not sure about it.

 

IS THERE ANYONE CAN HELP ME ABOUT THIS?

 

THANKS.

[moridins79]

Is there anyone familiar with the regulation regarding the intellectual Property in the Philippines?

 

I have been planning to start the "BOX" shop in the Philippines. The concept of this store is that I sub-lease the space of my shop on the basic of per cubic foot by putting display showcase (cabinet) which consist many partition (or small box which is 1'x 1' x 1' each). This is very popular in Japan, Hong Kong and Taiwan for the last 10 years.

 

However, when I am looking for a good location for my shop, I found out someone started same kind of store this week. and they have web page http://funboxph.multiply.com

 

Which is exactly the same theme as my store.

 

Unfortunately, they claim that "The "box store concept" of Funbox has been patented. Please report sightings of other stores using the same concept".

 

I check the IPO Philippines, they have pending registration of the trademark but i am not sure if they really patented the concept.

 

Per my limited knowledge of patent, I don't think this kind of simple "store concept" can be patented. But I am not sure about it.

 

IS THERE ANYONE CAN HELP ME ABOUT THIS?

 

THANKS.

 

We'll have to get a bit technical here. Under out Intellectual Property Code, any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be Patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. Specifically excluded from patent protection are schemes, rules and methods of doing business.

 

Simply put, i don't think they can patent the concept of leasing out boxes where the lessees can advertise and place their products. If you need help, send me a pm.

[aspirecaptured]

Hello po.. Please help me regarding this matter..

 

 

My family have a small trading business.. My Dad is a natural born Chinese which will turn 50 yrs. old this august. He has an Alien Certificate of Registration(ACR).. SSS is requiring my dad to contribute. I just want to know if my dad pay the necessary fees, will he be able to avail pension when he reaches 60?

 

 

 

 

Up ko lang..

[Wall999]

We'll have to get a bit technical here. Under out Intellectual Property Code, any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be Patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. Specifically excluded from patent protection are schemes, rules and methods of doing business.

 

Simply put, i don't think they can patent the concept of leasing out boxes where the lessees can advertise and place their products. If you need help, send me a pm.

 

Thanks.

I also think that they can register FUNBOX as their trademark relating to their business activity that is based on sub-lease the space in their store and display the item of their lessees in the 1'x1'x1' square displaying area.

Their store concept is not a technical or industrial invention, so it cannot be patented di ba?

[moridins79]

Thanks.

I also think that they can register FUNBOX as their trademark relating to their business activity that is based on sub-lease the space in their store and display the item of their lessees in the 1'x1'x1' square displaying area.

Their store concept is not a technical or industrial invention, so it cannot be patented di ba?

 

if the mark funbox is available, they can register it.

 

yup. i don't it can be registered. however, it doesn't preclude them from filing a application. just don't think it'll be granted.

[xyberguy]

Is there anyone here who would be kind enough to provide me with a copy of a settlement agreement?

[cHinitababe86]

pinatapatanong ng friend ko, she's married, after several years

of happy married life, nagkaron ng madameng problema,

nambababae ang asawa nya, may ibinahay,

nalaman nalang nya, may anak na pala ang asawa nya sa iba..

itinago un sakanya ng 3years.. until dumating ung time na

nakita nya sa isang mall ung asawa niya with the other woman

and the baby boy.

 

anu anung laban nya run at pwede nya makuhang support since may

anak din sila?

at kung may ikakaso siya sa asawa nya, anu-ano un?

 

after rin nung pangyayari, nakamove on na siya, and nagkanya2 na sila

at may boyfriend na siya ulit ilang years na.

 

kung hindi rin dadaan ng annulment ang kasal nila,

gaano katagal bago ma void ang marriage nila at

paano ang conditions para ma void un since gusto nila

magkasal..? may narinig kasi ako na pag ilang years

hindi magkasama o wala nang communication, nagiging void

ang kasal.. how is that?

 

can someone clear this issue? thanks

Edited June 8, 2009 by cHinitababe86