legal Free Legal Advice

[roamtheplanet]

bro,

 

nung una kong mabasa to, the first thing that came to my mind is an intra corporate dispute to be filed with the RTC, since you are members of the cooperative. pero mukhang ndi lang ganun.

 

 

i think this scenario is a case for syndicated estafa. (you can google Section 1, P.D. 1689) kc the "defraudation results in the misappropriation of moneys contributed by stockholders, or members of rural banks, cooperatives, samahang nayons, etc."

 

kunin mo na lang ung identities nung mga tao na nagpapatakbo ng cooperatiba. i think pwede ka pumunta sa DOJ Action Center sa Padre Faura to seek legal advice.. forte kc nila ung mga syndicated estafa cases na yan =)

 

pg punta mo ng DOJ, pwede mo ako i-libre ng banana cue sa kanto ng Padre Faura at Maria Orosa, hehehe. biro lang =)

 

Actually pwede mo rin sila ireport and ask for an investigation from the Cooperative Development Authority. Here is the link:

http://www.cda.gov.ph/index.php?option=com_content&view=article&id=263:mc-2012-01-rule-of-procedure-governing-the-conduct-of-investigation-or-inquiry-by-the-cooperative-development-authority&catid=115:memorandum-circulars&Itemid=435&lang=en

 

Pero Im with Mr. Jiraiya in this one, mas maganda pa rin ang criminal case ang ifile mo to force them these people to come out in the open and address your complaints. In my experience, ang una talagang hinahanap ko kung may problem is if I can file a criminal case just so that the other party will come out and talk to you. There is nothing better than the threat of imprisonment to make them talk. At any rate, I suggest that you avail of the services of a lawyer. Kung wala kayong pera, may Public Attorneys Office sa DOJ.

 

 

[Guest Jiraiya792]

i suggest write a formal demand letter first to the officers of the cooperative airing your concern. in preparing the letter, try asking legal assistance from the PAO District Office nearest you.

consider mo din ung available recourse sa Cooperative Development Authority as per Mr. roamtheplanet's post...

 

of course, kelangan indigent ka para qualified ka sa legal services ng PAO. this is the reason why ndi humahawak ng corporate cases ang PAO, kc pinepresume na may pera ang isang korporasyon. Members of a cooperative, however, is a another thing.

 

anyway, since napag usapan ang free legal services ng PAO, share ko na lang how to avail their services:

 

PAO's indigency test:

 

Metro Manila > below 14k monthly individual income

other cities > below 13k monthly individual income

municipalities > below 12k monthly individual income

 

better kung kuha ka na lang ng Certificate of Indigency sa barangay niyo.. sadly, from my experience, kahit ndi indigent nakakakuha nito..

pwede ding Certificate of Indigency from DSWD or latest ITR/payslip

 

ndi kelangan dalhin lahat ng yan. kahit alin sa tatlong yan pwede na.

Edited July 11, 2013 by Jiraiya792

[iskha]

sino may kilalang lawyer. i am looking for one.

 

separation po ng properties ng mom at sis nya un case.

[LordJaden]

bro jiraiya and roamtheplanet, thanks sa advices nyo, will certainly follow it. discuss ko with my co-complainants. Tingin ko nga din from a layman's POV na syndicated estafa. thank you thank you sa inyo. in case we might need a lawyer available ba kyo? you can pm me. ty again.

[davaogorilla]

good day po mga attorney,

 

 

magtatanong lang po, pwede ba ako mademanda ng estafa kung nag pa stop payment order ako sa bank kahit may pondo naman ang account ko?

[roamtheplanet]

Oo Davaogorilla. If you look at the elements of the crime of estafa (Art 315 par 2 of the Revised Penal Code), it would seem that the element of lack or insufficiency of fundsto cover the check is a vital element to the crime. However, I found an old case, US vs Lee Cheng Poe (39 Phil 466) which suggests that if the accused received money for the checks issued and that the accused all along has the intention of stopping payment therein, there is estafa. The essential element in this case is deceit, or intention to defraud another person.

[disorder1666]

From a friend mo mine mga sirs... Mukha kasing nadaya sila ng WOWOWILLIE - JULY 22 2013

 

On-air manipulation in order to prevent my friend's sister from winning the mega jackpot

(brand new car, house and lot and 1 million pesos).

 

Kindly start the video at 11:00mins since mahaba panoorin.

http://www.youtube.com/watch?v=vX1kph5ZdU8

 

Any comments and suggestions will be greatly appreciated.

[Moe.]

If a rich person has a tax evasion case. There is both a civil and criminal lialibility di ba . Then he got sick and suddenly dies.I know the criminal liability would be moot and academic. How about his assets who would own them. The state or the children. Me nag adviceNa kaya pa ding habulin ng state kahit patay na  alam ko inheritance tax. How about tax evasion case na civil liability meron pa baSa properties kahit patay na????

Edited August 6, 2013 by Moe.

[rickyv]

mga bossing. i need legal advise about my land in bulacan.

it was inhabited by the previous owner for many years but they did not

pursue land title due to family dispute.

 

the mother land was divided amongst children and a part was sold to me.

now, i'm having a problem in regards to titling of my land due to that it is

a part of the water shed of angat dam.

 

is there a way i can have my land titled to my name since the land was inhabited

by the people who sold it to me since birth ( mentionly the owner died at the age of 102)

and the land is already a part of a progressive baranggay that has schools, church, etc.

 

hope somebody can shed a light on this.

 

many thanks

[rocco69]

How about his assets who would own them. The state or the children?

 

The children get whatever remains after the debts and charges owed by the estate of the deceased are paid. In other words, kaya pa ring habulin sa properties na naiwan yung civil liability nung namatay.

 

If a rich person has a tax evasion case. There is both a civil and criminal lialibility di ba . Then he got sick and suddenly dies.I know the criminal liability would be moot and academic. How about his assets who would own them. The state or the children. Me nag adviceNa kaya pa ding habulin ng state kahit patay na  alam ko inheritance tax. How about tax evasion case na civil liability meron pa baSa properties kahit patay na????

[rocco69]

If it is part of the angat dam watershed, you're basically f__ked!

 

the only land that can be titled is alienable and disposable land of the public domain. kahit gaano pa katagal nakatira yung seller mo dun sa lupa, kung hindi ito alienable and disposable land, hindi pa rin ito mapapatitulohan. Pumunta ka sa DENR at magtanong dun kung ano ang status ng lupa mo, kung ito ba ay alienable and disposable.

 

mga bossing. i need legal advise about my land in bulacan.

it was inhabited by the previous owner for many years but they did not

pursue land title due to family dispute.

 

the mother land was divided amongst children and a part was sold to me.

now, i'm having a problem in regards to titling of my land due to that it is

a part of the water shed of angat dam.

 

is there a way i can have my land titled to my name since the land was inhabited

by the people who sold it to me since birth ( mentionly the owner died at the age of 102)

and the land is already a part of a progressive baranggay that has schools, church, etc.

 

hope somebody can shed a light on this.

 

many thanks

[hav0k]

ask ko lang kung ano habol ko kc nasa company ako for 5 years na (head tech) nag hire sila nang HR eh naglabas ng contrata yung pagkaka intindi ko sa contrata probi ulit ako bali na bali wala yung 5 years ko pag stay sa company ano habol ko doon?

 

yung nakausap ko yung HR sabi niya reset lahat kami

Edited August 11, 2013 by hav0k

[neville]

My roommate is buying a condo at sta ana developed by cdc realty.

 

She was offered a 5% discount fr the contract price. Her downpayment will be complete next month. Her balance will be shouldered by pag-ibig.

 

Cdc told her that the discount is waived bec she failed to submit her loan documents on time. Prior, to it, the company itself said that she doesnt qualify for in house financing. So she applied for pag-ibig and was approved. When she gave the docs to the developer, they said she's late. However, no deadline was given to her.

 

Does it mean that she has to comply to company policy? Can she file a complaint against the company and refund her money? She was told that the payments are non-refundable.

 

If she availed of the pag-ibig loan and abided by the company's decision to waive the discount, can she still file a case and win?

 

Thanks!

[LordJaden]

ask ko lang kung ano habol ko kc nasa company ako for 5 years na (head tech) nag hire sila nang HR eh naglabas ng contrata yung pagkaka intindi ko sa contrata probi ulit ako bali na bali wala yung 5 years ko pag stay sa company ano habol ko doon?

 

yung nakausap ko yung HR sabi niya reset lahat kami

 

 

bro im not a lawyer or an HR practitioner but i've been working for a long time now and my personal opinion is kalokohan yan, don't sign a new contract because otherwise mababalewala talaga yung 5 yrs mo. btw, what's your status of employment? are you a regular employee? do you have any hiring documents with you? even if you dont have one as long as you have payslips to prove you've been working for the company for more than 6 months then you are considered regular and subject to benefits like 1 month for every year of service (if they will terminate you).

 

my previous employer tried that with me, they will transfer the management of the building i am managing and they wanted to get me (kuno) for their main office, but the thing is they are asking me to resign first from my present company (kanila din). neknek nila, 9 years ako tapos tatanggalan nila ng separation? i told them pag-iisipan ko until we reached the time that they had to pay me na, wala pa rin ako sagot sa offer nila so they had no recourse but to pay me and my staff our respective separation pays. then yung new management ng bldg got me and my staff also.

[darthvader0917]

I am renting a condo and the owner refuses to repair the leaking ceiling and other parts of the house that needs repairing. Is it not the owner's responsibility? Any advice? Thanks in advance!

Edited August 25, 2013 by darthvader0917