legal Free Legal Advice

[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.