legal Free Legal Advice

[buBBLeguM]

at last something new on MTC!! :mtc: hehe.. here's my question; How much money does it cost to change a name? is it per letter? per word?

[rocco69]

Yes, they are benefitting from the property so they have to pay.

 

Kaya lang, from the look of things, kahit i-impose nyo, di pa rin magbabayuad yan, kaya be prepared to go to court to file an ejectment case against your tenant. kapag di kayo magkasundo, kakailanganin nyong ireklamo yan sa barangay, after which demand letter to vacate.

 

 

Thank you sir, very much for the enlightenment. Last question, there's another problem expired na yung lease contract and it was never renewed, they refused to sign the renewal, after the tenants learned about the case.

 

Can we still impose the rent?

 

Thanks again in advance.

[rocco69]

kung first name ang ipapabago mo, di mo na kailangan pumunta sa korte, di mo na rin kailangan ng abugado. ito ay sa Civil Registrar lamang. P3,000 ang bayad sa Civil Registrar (may OR ito), tapos ito ay kailangan ding i-publish sa isang diyaryo once a week for 2 consecutive weeks kaya kailangan mo ring gastusan ito.

 

kung apelyido ang ipapabago mo, at ito ay dahil may mali lang sa spelling, sa Civil Registrar din lang ito. pero kung talagang malayo ang tamang apelyido dun sa nakasulat sa birth certificate, kailangan sa korte na ito. Ang gastos ay hindi per letter o per word. ito ay per abugado he he he (depende ito sa sisingilin ng abugadong makukuha mo).

 

at last something new on MTC!! :mtc: hehe.. here's my question; How much money does it cost to change a name? is it per letter? per word?

[lomex32]

On summons, subpoenas and warrants

 

1. Can Mr. Chua's househelps or relatives living in his home decline to receive a Summon Letter from the barangay addressed to Mr. Chua?

 

2. Can Mr. Chua's househelps or relatives living in his home decline to receive a subpoena from the courts addressed to Mr. Chua?

 

3. If Mr. Chua an accussed could not be served the warrant for intended for him (e.g. could not locate), how long will it take before he is declared a fugitive of the law?

Edited March 1, 2010 by lomex32

[Roubaix]

On summons, subpoenas and warrants

 

1. Can Mr. Chua's househelps or relatives living in his home decline to receive a Summon Letter from the barangay addressed to Mr. Chua?

 

2. Can Mr. Chua's househelps or relatives living in his home decline to receive a subpoena from the courts addressed to Mr. Chua?

 

3. If Mr. Chua an accussed could not be served the warrant for intended for him (e.g. could not locate), how long will it take before he is declared a fugitive of the law?

 

1. No. They cannot. As long as it is the house of Mr. Chua, anybody there can receive the summon. If the househelps and relatives decline to receive, they will just put it in the mailbox.

 

2. No. Same reason as above.

 

3. If warrant is issued, he can be arrested anytime, anywhere. He can be arrested even if the warrant is NOT with the arresting officer. Fugitive status starts the moment the warrant is issued.

[tuwanpor]

Mga ka MTC na lawyers may question lang po ako..

 

I have a friend na kinasuhan ng estafa ng kanyang dating employer then last week nag tril-hearing na cla then supposedly by april is the 1st hearing then sudenly yung kalaban nila nag propose ng subject for mediation next week at the mediation room.

 

Puwede po ba malaman in laymans term what does it mean? kse AFIK mediation is something to do with spiritual belief diba.. please enlighten me po mga katotong abogado ng MTC..

 

thanks in advance..

[rocco69]

bwa ha ha ha ha!!!

 

MEDITATION - contemplation of spiritual matters (usually on religious or philosophical subjects)

 

MEDIATION - a process of settling disputes with the assistance of an acceptable, impartial and neutral third party called a mediator.

 

Mediation/Alternative Dispute resolution is a key component of the Justice Reform Initiatives Support (JURIS) Project of the Supreme Court of the Philippines’ Action Program for Judicial Reform.

 

Mga ka MTC na lawyers may question lang po ako..

 

I have a friend na kinasuhan ng estafa ng kanyang dating employer then last week nag tril-hearing na cla then supposedly by april is the 1st hearing then sudenly yung kalaban nila nag propose ng subject for mediation next week at the mediation room.

 

Puwede po ba malaman in laymans term what does it mean? kse AFIK mediation is something to do with spiritual belief diba.. please enlighten me po mga katotong abogado ng MTC..

 

thanks in advance..

[lomex32]

Question :

 

Mr. B and Mrs B are legally married under the Rep of the Phil...

If Mrs B was proven to gave birth to an offspring NOT by Mr. B, will this be a prima facie evidence for the crime of ADULTERY ?

 

What if Mr. B had an offspring to another woman? What will be the case against Mr B?

[Ninong2]

Question :

 

Mr. B and Mrs B are legally married under the Rep of the Phil...

If Mrs B was proven to gave birth to an offspring NOT by Mr. B, will this be a prima facie evidence for the crime of ADULTERY ?

 

What if Mr. B had an offspring to another woman? What will be the case against Mr B?

 

concubinage

[moed]

That the accused is really the father of the child, alone and by itself, is not sufficient to prove concubinage. (People vs. Benlot, et al., 16 CA Rep. 539)

[Dr_PepPeR]

question lng.. batet di nasasagot ung ibang issues?

 

 

Or its a question by a law student who is too lazy to find out the answer by himself.

 

1. It is not a legal issue.

2. Answering and commenting on the issue would require time and effort to research.

3. The question concerning the issue is convoluted and cannot be understood.

4. The facts posted are incomplete.

5. It has been answered a few pages ago.

6. The issue is frivolous.

7. The answer is not known.

Edited March 11, 2010 by Wyld

[bryanfury]

Thank you sir, very much for the enlightenment. Last question, there's another problem expired na yung lease contract and it was never renewed, they refused to sign the renewal, after the tenants learned about the case.

 

Can we still impose the rent?

 

Thanks again in advance.

 

 

Thank you sir. Big help. Very much appreciated.

[lomex32]

Meron mga contract na implied ... at hindi na kailangan in writing

 

... pumasok ka sa SPA nagpa service

 

it is implied that you agree to the terms of service and payment of the establishment

 

 

Thank you sir. Big help. Very much appreciated.

[jayqbab]

To All MTC Lawyers in the forum. Many thanks for effort to enlighthen the minds of our fellow MTC'ers who have legal problems. I salute you for that. :mtc:

 

I also have a question that i would like to ask you and your team might be able to open up my mind for possible actions to be done.

 

- I am not married. Me and my girlfriend have a good understanding and we are blessed with a son.

- The parents of my girlfriend doesn't like me ( i think this is always the case)

- I am not living with my girlfriend, she was with her family during her pregnancy until she gave birth but I am supporting her financially.

- When our son was born, the mother of my girlfriend was the one doing all the paperworks in the hospital i.e. birth certificate, etc.

- My girlfriend told me that on the birth certificate, the family name that was registered in the certificate was the family name of her family - this was the action of her mother despite against her will because our agreement was that we will use my family name when the baby is born.

- We are still in close contact with my girlfriend and I am still supporting all her financial needs with our child and sometimes the needs of her family

 

My Questions:

- Is there a possibility that I can change the family name of my son with my family name?

- if yes, What are the actions and procedures that I need to do to have his birth certificate changed to my family name?

- What would be the timeline for it to be done.

- Is it expensive and time consuming? It really doesn't matter how much would it cost and for how long, i just want to be prepared for it.

 

I am looking forward to your advice.

 

I tried to read back over the thread if there is a case like mine but it is just too much toread back.

 

 

Thanks in advance :thumbsupsmiley:

[redax]

To All MTC Lawyers in the forum. Many thanks for effort to enlighthen the minds of our fellow MTC'ers who have legal problems. I salute you for that. :mtc:

 

I also have a question that i would like to ask you and your team might be able to open up my mind for possible actions to be done.

 

- I am not married. Me and my girlfriend have a good understanding and we are blessed with a son.

- The parents of my girlfriend doesn't like me ( i think this is always the case)

- I am not living with my girlfriend, she was with her family during her pregnancy until she gave birth but I am supporting her financially.

- When our son was born, the mother of my girlfriend was the one doing all the paperworks in the hospital i.e. birth certificate, etc.

- My girlfriend told me that on the birth certificate, the family name that was registered in the certificate was the family name of her family - this was the action of her mother despite against her will because our agreement was that we will use my family name when the baby is born.

- We are still in close contact with my girlfriend and I am still supporting all her financial needs with our child and sometimes the needs of her family

 

My Questions:

- Is there a possibility that I can change the family name of my son with my family name?

- if yes, What are the actions and procedures that I need to do to have his birth certificate changed to my family name?

- What would be the timeline for it to be done.

- Is it expensive and time consuming? It really doesn't matter how much would it cost and for how long, i just want to be prepared for it.

 

I am looking forward to your advice.

 

I tried to read back over the thread if there is a case like mine but it is just too much toread back.

 

 

Thanks in advance :thumbsupsmiley:

 

Under the implementing rules of RA 9255 you can just file an Affidavit to Use the Surname of the Father at the Local Civil Registry where your child was born.

For Births Previously Registered under the Surname of the Mother

 

7.2.1 If filiation has been expressly recognized by the father, the child shall use the surname

of the father upon the submission of the accomplished AUSF

4.1. The public document or AUSF executed within the Philippines shall be filed at the Local Civil Registry Office (LCRO) where the child was born, if the birth occurred within the Philippines.

[jayqbab]

Sir REDAX,

 

Many thanks for the advice. I will start the process soon.

 

Will update you sir.

 

:mtc:

[powerpuffgirls]

I would like to ask, if a person passes his bar examination, does he have the right automatically to have a notary public office? or if not, what does he need to do for him to have his own notary public office? TIA...

[rocco69]

hindi po, kahit pasado ka na sa bar, hindi ka pa abugado. nagiging abugado ka lang kapag nakapag-oath-taking ka na. abugado lang ang pwedeng maging notaryo.

 

pangalawa, hindi dahil abugado ka na ay pwede ka nang magnotaryo. kailangan mong maghain ng petisyon para maging notaryo publiko sa Executive Judge sa lugar kung saan mo gustong magnotaryo.

 

para sa mga requirement dito, tingnan mo ang "2004 Rule on Notarial Practice" at ito ang regulasyon para sa mga notaryo.

 

I would like to ask, if a person passes his bar examination, does he have the right automatically to have a notary public office? or if not, what does he need to do for him to have his own notary public office? TIA...

[equipped]

I would like to ask kung pwede pang ituloy ang processing ng kaso after 5 months. I made have a police report and medical cert. napirmahan na ng 2nd procecutor but hindi ko na dala sa fiscal kasi laging wala. I file the case in sta. cruz laguna im living in mandaluyong gusto ko sana ituloy ang kaso but i dont have a time b4. Im in vacation this month kaya I want to know kung pwede pa ituloy ang kaso.

 

I would like to ask kung pwede pang ituloy ang processing ng kaso after 5 months. I made have a police report and medical cert. napirmahan na ng 2nd procecutor but hindi ko na dala sa fiscal kasi laging wala. I file the case in sta. cruz laguna im living in mandaluyong gusto ko sana ituloy ang kaso but i dont have a time b4. Im in vacation this month kaya I want to know kung pwede pa ituloy ang kaso.

[lawenta]

Could someone please help me in this case.... nakasanla ang house and lot ni A kay B for 300k. After so many years nag demand na nang bayad si B kay A. Si C, isang abugado, ang nakikipag usap kay A para kay B. dahil sa interest umabot ang babayaran ni A nang 1 million. Nung mag babayad na si A kay B nang 1 million. may dinagdag si C na 20% sa amount for attorney's fee. A was not expecting the additional 20% that C is asking for. Is C entitled to add 20% and charged it to A? If not what are the remedies that A can have against C.

 

additional info: there was no collection case filed by B against A

[rocco69]

dumeretso na si A kay B at sabihin niya na di nya kayang magbayad ng dagdag pang 20% sa P1M. kung pumayag si B, solb ang problema

 

Could someone please help me in this case.... nakasanla ang house and lot ni A kay B for 300k. After so many years nag demand na nang bayad si B kay A. Si C, isang abugado, ang nakikipag usap kay A para kay B. dahil sa interest umabot ang babayaran ni A nang 1 million. Nung mag babayad na si A kay B nang 1 million. may dinagdag si C na 20% sa amount for attorney's fee. A was not expecting the additional 20% that C is asking for. Is C entitled to add 20% and charged it to A? If not what are the remedies that A can have against C.

 

additional info: there was no collection case filed by B against A

[lawenta]

dumeretso na si A kay B at sabihin niya na di nya kayang magbayad ng dagdag pang 20% sa P1M. kung pumayag si B, solb ang problema

 

This is not about A's inability to pay the 20%.... This is about whether C is entitled sa 20% na hinihingi nya... kung entitled si C then A has no choice but to pay... but kung hindi naman entitled si C then A wants to know kung ano ang mga remedies na pwede nyang magamit against C...

[rocco69]

kung karapatang maningil ng attorney's fees ang pinag-uusapan, tingnan niya yung kontrata ng pagsasangla kung meron dung attorney's fees na due kung di siya makapagbayad on time. Kung meron, magkano ang amount. kung ang paghingi ng 20% ay sumasang-ayon sa kontrata, may karapatan silang magpataw nito.

 

ngunit dahil wala pa ngang kaso, lahat naman yan ay madadaan sa pakiusap, kahit pa nakalagay sa kontrata (just because nakalagay sa kontrata doesn't mean na wala nang choice si A kundi magbayad - pwede naman i-waive ni B ang attorney's fees). pwede si A pumunta kay B at makiusap na wag nang ipataw yung 20% (whether provided sa kontrata o hindi). kung provided sa contract yung 20%, ang pinakamagandang dahilan ay sabihin niya na di niya kayang bayaran ito (kahit me pera siya - P200T is still a lot of money). kung di naman provided sa contract, yun ang sabihin niya (na wala namang ganung penalty sa kontrata).

 

ngayon, sabihin nating sa kontrata, di entitled si C sa 20% - kailangan pa ring pumunta ni A kay B kasi baka di alam ni B ang ginawa ni C. In that case, magsumbong siya kay B.

 

Kung alam ni B na naningil si C ng 20% kahit wala sa kontrata, kailangan pa rin ni A kausapin si B na tanggalin na ito - dahil wala nga sa kontrata.

 

In sum, kailangan pa rin talagang kausapin ni A si B tungkol dito.

 

This is not about A's inability to pay the 20%.... This is about whether C is entitled sa 20% na hinihingi nya... kung entitled si C then A has no choice but to pay... but kung hindi naman entitled si C then A wants to know kung ano ang mga remedies na pwede nyang magamit against C...

Edited March 17, 2010 by rocco69

[lawenta]

kung karapatang maningil ng attorney's fees ang pinag-uusapan, tingnan niya yung kontrata ng pagsasangla kung meron dung attorney's fees na due kung di siya makapagbayad on time. Kung meron, magkano ang amount. kung ang paghingi ng 20% ay sumasang-ayon sa kontrata, may karapatan silang magpataw nito.

 

ngunit dahil wala pa ngang kaso, lahat naman yan ay madadaan sa pakiusap, kahit pa nakalagay sa kontrata (just because nakalagay sa kontrata doesn't mean na wala nang choice si A kundi magbayad - pwede naman i-waive ni B ang attorney's fees). pwede si A pumunta kay B at makiusap na wag nang ipataw yung 20% (whether provided sa kontrata o hindi). kung provided sa contract yung 20%, ang pinakamagandang dahilan ay sabihin niya na di niya kayang bayaran ito (kahit me pera siya - P200T is still a lot of money). kung di naman provided sa contract, yun ang sabihin niya (na wala namang ganung penalty sa kontrata).

 

ngayon, sabihin nating sa kontrata, di entitled si C sa 20% - kailangan pa ring pumunta ni A kay B kasi baka di alam ni B ang ginawa ni C. In that case, magsumbong siya kay B.

 

Kung alam ni B na naningil si C ng 20% kahit wala sa kontrata, kailangan pa rin ni A kausapin si B na tanggalin na ito - dahil wala nga sa kontrata.

 

In sum, kailangan pa rin talagang kausapin ni A si B tungkol dito.

 

 

what if nakalagay nga sa contract na may attorney's fee but hindi nakalagay ang specific na amount is the 20% an acceptable percentage sa ganitong kaso?

[rocco69]

usually kasi 10% of the amount is considered reasonable (ito ang usual na ipinapataw sa labor cases).

 

dahil walang amount na nakalagay, depende na rin sa usapan nila yung amt. kung OK na kay A yung 20%, yun na yun. basically, nasa usapan pa rin ni A at B ito.

 

what if nakalagay nga sa contract na may attorney's fee but hindi nakalagay ang specific na amount is the 20% an acceptable percentage sa ganitong kaso?