spadon Posted January 9, 2014 Share Posted January 9, 2014 My uncle who Pinoy by birth is a naturalized US citizen. He is now retired and living here in Manila. He has assets in the US (property and cash in US banks) and wants to know if he makes a will here in the Philippines, will this will be recognized in the US? He wants to name beneficiaries here in the Philippines and wants to ascertain that his assets in the US will be given to beneficiaries in the Philippines according to his wishes in his will. Quote Link to comment
jkiwa Posted January 22, 2014 Share Posted January 22, 2014 Hi po sa resident attorney/practitioners. I just want to know if an interest rate of 78% per annum or 6.5%/month is "legal". Even the interest na naka-karga sa principal amount eh hindi po diminishing. I owe this Lending company a principal amount of 135,000 pesos. Meron pa silang processing fee na around 6% yata so ang nakuha ko na total proceeds ay umabot lamang ng 125,000. I was able to pay for the past 5 months. Pero with unforeseen financial crisis, medyo nag-lapse ako ng one and a half months. I issued 24 checks dahil ang payment terms ay every 15th. Nag loan ako last June 2013 and updated po ang account ko until December 2013. Today, dahil nag-bounce na mga checke ko, mag-file daw sila ng Estafa and Bouncing check law. Just this January, i again paid a partial payment of 10,000 pesos to show how sincere I am in paying my loan. In total I was able to pay 110,00 pesos already to the lending firm. Now, for each lapse payment, meron silang late payment charge na 1,500 pesos. Apart from that, each day that passes na overdue yung account ko, they would charge an additional 1% per day. In total, yung arrears ko amounts to 83,000 for December and this January...pero yung latest statement of account ko says that I now owe 98,000 pesos in arrears including the penalty of 1,500 and yung 1%/day. Are all these penalties legal and binding. I did sign a contract with them when I got the loan thinkin I can pay it easily. Pero dahil nga po sa financial crisis that I am going through, medyo nade-delay ang payments ko. Can I still ask this lending form to waive all penalties? Do not get me wrong, I am very willing to pay and I am still have the capacity to pay the lending firm. Its jsut that ang bigat sobra nung interest rates and penalties. They are now threatening to sue me in court with the Estafa and Bouncing Check Law. Its just that I find it really unfair since I communicate with them regularly and I do show them that hindi ako nagtatago at magbabayad talaga ako. Malaki na rin po ang naibayad ko sa kanila. Any response is deeply appreciated. I only want your expert opinion before I seek a lawyer, and if you know a good lawyer regarding these types of cases, mas maganda po. Mabuhay po kayo! Quote Link to comment
ruleroftheland Posted January 30, 2014 Share Posted January 30, 2014 (edited) 1.) Technically,the interest rate is legal. The law regulating interest rates (usury law) has already been repealed therefore parties to a contract may stipulate an interest over and able that of the normal interest rate which is 12% per annum. Therefore,since you entered voluntarily into a valid contract the interest rate is legal.However the court may temper the interest rate if it finds that the interest imposed is unconscionable (shocking to the conscience). 2.) You may enter into a compromise with the lender if the lender is willing to waive the penalties. I suggest that a payment scheme acceptable and favorable to both of you be made, for example, you may offer to pay earnest money initially and then pay the remaining balance in several installments. 3.) The lender may have a case against you for estafa and/or violation of BP 22. Again,the best strategy is to talk to the lender and explain that filing a criminal case against you will not be profitable for them considering that it may take years to litigate the same and cost more that what was originally owed. In short and simple language, compromise. Hope this helps a bit! Edited January 30, 2014 by ruleroftheland Quote Link to comment
ruleroftheland Posted January 30, 2014 Share Posted January 30, 2014 @spadonBy reason of the naturalization of your uncle, he has lost his filipino citizenship and is considered an american citizen. Therefore it is the laws of america which which will govern the successional rights as well as the forms and solemnities of wills in you uncle's case. (just my opinion) Quote Link to comment
Hassan Jamaal Posted February 1, 2014 Share Posted February 1, 2014 Need counsel please. I stopped giving my children's financial support because my ex-wife did not even let me see them last Christmas, and was demanding additional money before she'd let me be with my kids. I know she's being irresponsible with my children's allowance. Wanted to get back at her so I'm deliberately "running late" on my financial support. 17 days late as of this writing. I think she filed an RA 9262 case against me for "economic abuse". What should I expect? How should I prepare for this? I just want to be prepared and ready. I actually have some issues with my ex I'd like to raise with the court as well. Ex. 1. My ex holds my children hostage when demanding money. Is there any way for me to get protected from extortion or blackmail in exchange for seeing my children?2. Demand my ex to share in support. Family code says, those obliged should share in the support. I'm shouldering everything.3. Is it possible to require, liquidation or proper accounting of children's expenses as a requisite to continuous financial support? The ex is ma-luho and I feel, my kids allowance gets compromised more often than not. Would this be possible even if my ex was the one who filed the case? TIA. Quote Link to comment
ruleroftheland Posted February 5, 2014 Share Posted February 5, 2014 Visitation rights and the responsibility to support your children are separate and distinct. The fact that you have delayed giving child support money is not a ground for depriving you of your visitation rights. I presume that you have been giving regular monthly support to your children and it is only on this occasion that you have deliberately delayed your financial support. Delay of 17 days is not a sufficient ground for the filing of violation of VAWC based on economic abuse. I suggest that you keep file copies of the receipts of the financial support that you have been giving you children. You are right in saying that the obligation to support children should be shouldered by both parents, however, the law presumes that your wife is also supporting your children since she is taking care of them. However, this presumption may be controverted by evidence. Yes it is possible to request a proper accounting of the expenditures, but this may work to your disadvantage if it is shown that the support you are giving is not enough. This may be cited as reason to increase financial support. If she still denies you your visitation rights, a proper petition may be filed in court. 1 Quote Link to comment
Hassan Jamaal Posted February 9, 2014 Share Posted February 9, 2014 Visitation rights and the responsibility to support your children are separate and distinct. The fact that you have delayed giving child support money is not a ground for depriving you of your visitation rights. I presume that you have been giving regular monthly support to your children and it is only on this occasion that you have deliberately delayed your financial support. Delay of 17 days is not a sufficient ground for the filing of violation of VAWC based on economic abuse. I suggest that you keep file copies of the receipts of the financial support that you have been giving you children. You are right in saying that the obligation to support children should be shouldered by both parents, however, the law presumes that your wife is also supporting your children since she is taking care of them. However, this presumption may be controverted by evidence. Yes it is possible to request a proper accounting of the expenditures, but this may work to your disadvantage if it is shown that the support you are giving is not enough. This may be cited as reason to increase financial support. If she still denies you your visitation rights, a proper petition may be filed in court. thanks for the inputs Quote Link to comment
basic_instinct Posted February 10, 2014 Share Posted February 10, 2014 Yung 462.00 ba above minimum wage? Yan kasi daily rate ko and as per my supervisor above daw kasi ako based daw kasi sa basic wage which is 451.00. Yung minimum wage kasi is basic wage(451.00) plus COLA(15.00) equals 466.00. Yung akin daw kasi basic wage(462.00) then no COLA kasi hindi naman 451.00 ang basic wage ko kaya walang COLA. Legal ba yang ganyang reason? Quote Link to comment
ruleroftheland Posted February 11, 2014 Share Posted February 11, 2014 @bizman As a general rule, all deposits of whatever nature in banks and banking institutions are absolutely confidential in nature. Any person who violates this, may be made liable under ra 1405. There are exceptions to this rule, please read secrecy of bank deposits (ra 1405). If you have any questions regarding the same, please feel free to post on this thread. Quote Link to comment
disorder1666 Posted February 11, 2014 Share Posted February 11, 2014 Good day po, Need your legal advice kung ano ang dapat gawin sa kapitbahay na nakikipader. Madalas kasi may nagpupukpok sa kanila which is rinig na rinig samin dahil nakikipader lang sila. Sa residence of Camella Homes kami, at matagal na naming problem ito sa aming kapitbahay which is sila pa ang galit pag madalas namin sinisita yung kanilang lugar na kesyo wala pa daw silang budget na magpagawa. Sana po makahingi po ako ng legal advice kung ano ang dapat naming gawin. Maraming salamat po. Quote Link to comment
ruleroftheland Posted February 11, 2014 Share Posted February 11, 2014 A case must first be filed in order for the court to issue a freeze order. There must also be sufficient evidence in order for the court to issue such orders. It will take time before any court order is issued. The court may not even inquire into the bank deposit if the case can be decided without resorting to such means. Quote Link to comment
jmags Posted March 27, 2014 Share Posted March 27, 2014 Hi, I'm almost 35 and I have a full time job. But I'm thinking of taking law school, will I still be able to practice or will I be too old to be shifting to a new profession? Any schools that is of note for weekend or night time classes as I still need to work to pay for the tuition? Quote Link to comment
Racer511 Posted April 3, 2014 Share Posted April 3, 2014 Good Evening, Gusto ko lang po mang hingi ng advice, nagkaroon po kasi ako ng girlfriend last year, she was 17 at that time and something happened to us (got laid), anyway its been a year since may nangyari sa amin, now she has a new boyfriend. anyways my concern po is, may chance po ba sya na i blackmail ako like filing rape charges against me? cause im in abroad right now and she might find it tempting to threaten me with lawsuit unless i start giving her money or something, im pretty nervous about that scenario.. can someone give me advice please? Thanks so much Quote Link to comment
rocco69 Posted April 4, 2014 Share Posted April 4, 2014 1. may chance po ba sya na i blackmail ako like filing rape charges against me? You had sex with your ex only this 2013... Former beauty pageant contestant Roxanne Acosta Cabanero accused Vhong Navarro of sexual assault, which happened in 2010. A stuntwoman has complained that Vhong Navarro allegedly raped her inside his SUV sometime in early 2009 If someone can accuse Vhong of assaults that allegedly happened five or six years ago, ikaw pa kaya? Ang tanong... why would she be tempted to threaten you with a lawsuit? Ipinapa-alam mo ba na marami ka pera diyan sa abroad? Anyway, nasa abroad ka, paano ka niya mahahabol... The fact is, lahat ng iniisip mo SPECULATIVE. My advice... HAKUNA MATATA Good Evening, Gusto ko lang po mang hingi ng advice, nagkaroon po kasi ako ng girlfriend last year, she was 17 at that time and something happened to us (got laid), anyway its been a year since may nangyari sa amin, now she has a new boyfriend. anyways my concern po is, may chance po ba sya na i blackmail ako like filing rape charges against me? cause im in abroad right now and she might find it tempting to threaten me with lawsuit unless i start giving her money or something, im pretty nervous about that scenario.. can someone give me advice please? Thanks so much Quote Link to comment
rocco69 Posted April 4, 2014 Share Posted April 4, 2014 (edited) 1. will I still be able to practice or will I be too old to be shifting to a new profession? “You are never too old to set another goal or to dream a new dream.” ~ C. S. Lewis 2. Any schools that is of note for weekend... classes? Law schools are now supervised by the Legal Education Board (RA 7662), and unfortunately, the LEB has basically prohibited the operation of weekends-only law course offerings (usually denominated as an "executive class"), so you're limited to... 3. Any schools that is of note for... night time classes? There are a lot of choices available to you, as most law schools offer night classes. It basically depends on your location, as well as your budget. Hi, I'm almost 35 and I have a full time job. But I'm thinking of taking law school, will I still be able to practice or will I be too old to be shifting to a new profession? Any schools that is of note for weekend or night time classes as I still need to work to pay for the tuition? Edited April 4, 2014 by rocco69 Quote Link to comment
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