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[Pinoymale]

Basis? While the Rules of Electronic Evidence initially applied to civil, quasi-judicial and administrative proceedings pending after that date, it was amended on 24 September 2002 to include in its coverage criminal cases effective 24 October 2002.

 

Hi, do you have the citation for the amendment you mentioned? I've seen one reference to it but I can't seem to find the actual amendment. My basis for my statement is Pascua v. Sagud (G.R. No. 182835, April 20, 2010) which states at the end of the decision that "Besides, the rules he [petitioner] cites do not apply to the present criminal action. The Rules on Electronic Evidence applies only to civil actions, quasi-judicial proceedings, and administrative proceedings."

[curian]

Hello,

 

I hope you don't mind me butting in. I tried to look for the amendment, its supposed to be a resolution issued on Sept. 24, 2002 but i really can't find it. And thank you for the case you cited, i read it and it seems that as of that date, which is much later than the amendment, the rules on electronic evidence does not apply to criminal proceedings. Thank you.

 

I did find a copy of that resolution but its not within the Supreme Court site, so you have to take it with a grain of salt. Here it is: http://www.disini.ph/res_sc_am_1-7-01.html

[curian]

I'll try to go to the SC to verify this. will inform you Pinoymale.

[Pinoymale]

Hello,

 

I hope you don't mind me butting in. I tried to look for the amendment, its supposed to be a resolution issued on Sept. 24, 2002 but i really can't find it. And thank you for the case you cited, i read it and it seems that as of that date, which is much later than the amendment, the rules on electronic evidence does not apply to criminal proceedings. Thank you.

 

I did find a copy of that resolution but its not within the Supreme Court site, so you have to take it with a grain of salt. Here it is: http://www.disini.ph/res_sc_am_1-7-01.html

 

Thanks for the info, that's the second (and more direct) reference I've seen regarding the amendment. Hmm, since the amendment and the case both originated with the SC, then I suppose the more recent one would be controlling.

[moridins79]

Hello,

 

I hope you don't mind me butting in. I tried to look for the amendment, its supposed to be a resolution issued on Sept. 24, 2002 but i really can't find it. And thank you for the case you cited, i read it and it seems that as of that date, which is much later than the amendment, the rules on electronic evidence does not apply to criminal proceedings. Thank you.

 

I did find a copy of that resolution but its not within the Supreme Court site, so you have to take it with a grain of salt. Here it is: http://www.disini.ph/res_sc_am_1-7-01.html

 

 

i read that case as well but parang obiter yung statement.

[mlpf]

gud pm po sir. i hope you can clarify something before i take action to help one of my bros.

 

he has a case, something like "other deceits" under estafa i think and well he and the people he owed money already went to a mediation court daw. ang problem po e di rin naman nya natupad his part na pagbayad dun sa schedule na pinagkasunduan. yesterday was supposed to be another hearing e kaso di umattend ang kups ala kasi pambayad. pinagsabihan ko na nga na magpakita ka kahit ala pang pera. mag-iisue po ba kagad ng warrant ang court for his arrest coz of his absence? or will it be another subpoena like he received before to appear in court? TIA po sir.

 

It would depend on the recommendation of the prosecutor. Normally, the prosecutor will request the court to issue a warrant of arrest if the accused is absent despite notice.

[curian]

i read that case as well but parang obiter yung statement.

 

best thing to do is to check with the SC. hehehe.

[dekimasen]

Tanong lang po...

Pwedi po bang ilagay sa pangalan ng pamangkin ko ang lupa na nabili namin para makaiwas sa land reform?

siya po ay 17 years old palang at american citizen na bumibisita sa pinas paminsan-minsan.

 

tnx po.

[Pinoymale]

i read that case as well but parang obiter yung statement.

 

Hmm,I read the case again and it doesn't look like an obiter dictum since it was in the main body of the decision and there was no other ruling on that issue. I hope the SC clarifies this.

[bonito99]

Tanong lang po...

Pwedi po bang ilagay sa pangalan ng pamangkin ko ang lupa na nabili namin para makaiwas sa land reform?

siya po ay 17 years old palang at american citizen na bumibisita sa pinas paminsan-minsan.

 

tnx po.

 

bakit sa kanya? sino sya? gaano ba ka laki lupa niyo?

[dj_flip03]

Sires!

Nag 10 year anniv po ako sa company namin (call center). It's been my first and only job. The problem is: now, I wanna move on. Because I have been a team lead for almost 7 years now and hindi na talaga ako ma-promote promote. I heard na may "early retirement program" daw sa company namin. Paano ko po kaya masasabi sa kanila in a professional way na "huy! kung ayaw nyo na ako i-promote, eh pakawalan nyo na lang ako at bigyan nyo ako ng early retirement option!"

In other words: Paano ako makaka-piga ng "substantial amount" sa company ko na 10-years kong pinag silbihan bago ako umalis at mag try ng ibang profession.

 

Salamat po!

[BigJ]

question lng po, pag magpapaupa po ba ng mga condo, or apartment or factory warehouse kailangan pa po ba mag apply ng business permit? kailangan pa po ba e declare sa income tax ito? thank you po

[bonito99]

Sires!

Nag 10 year anniv po ako sa company namin (call center). It's been my first and only job. The problem is: now, I wanna move on. Because I have been a team lead for almost 7 years now and hindi na talaga ako ma-promote promote. I heard na may "early retirement program" daw sa company namin. Paano ko po kaya masasabi sa kanila in a professional way na "huy! kung ayaw nyo na ako i-promote, eh pakawalan nyo na lang ako at bigyan nyo ako ng early retirement option!"

In other words: Paano ako makaka-piga ng "substantial amount" sa company ko na 10-years kong pinag silbihan bago ako umalis at mag try ng ibang profession.

 

Salamat po!

if you qualify for it, then you can request for it.

[Pinoymale]

question lng po, pag magpapaupa po ba ng mga condo, or apartment or factory warehouse kailangan pa po ba mag apply ng business permit? kailangan pa po ba e declare sa income tax ito? thank you po

 

If you're renting only a single unit then I don't think you need to register for business permit but you should still declare the income you earn as rent, especially from something as big as a warehouse.

[redblack]

If you're renting only a single unit then I don't think you need to register for business permit but you should still declare the income you earn as rent, especially from something as big as a warehouse.

 

In renting out a property, take note of the following:

 

1. Even if you are just renting out a single unit, the owner of the property should get a lessor's permit from the city hall, esp. if it is for commercial purposes because when your lessee applies for a business permit, it will be required to present the lessor's permit.

 

2. Also, under existing VAT regulations, rental payments exceeding PHP 10,000 per unit received by the landlords whose gross annual income exceed PHP 1,500,000.00 are subject to 12% VAT. If the gross annual rental income is less than P1,500,000.00, the applicable tax rate is 3%.

 

3. Get an official receipt, even if it is just one condo unit or a house or a warehouse.

 

Why do I suggest this? Note hindi ako BIR Agent. But the thing is, pag hindi nagbayad sa iyo yong nag-re-renta, tapos nangolekta ka, madali syang bumuwelta sa iyo na "sige, babayaran kita pero isyuhan mo ako ng OR para sa mga nakaraang buwan na binayaran ko sa iyo." Maiipit ka ngayon, pwede ka mag-file sa korte makuha mo yong renta pero isusumbong ka naman sa BIR for non-issuance of OR and non-payment of VAT and other taxes. CRIMINAL CASE yong sa iyo, yong sa nag-re-renta CIVIL lang (unless may BP22 na involved).