legal Free Legal Advice

[silverchariot]

ok extreme, try ko mamya pag uwi ko...

 

salamat ulit!!!

[freelicker]

very well said jackl. and accurate figures, too!

 

i agree with you on the option to certify that she will use the proceeds of the sale for the purchase or construction of another family dwelling within 18 months of the first disposition.

 

i am not however sure if things have changed procedurally since about a year ago when i last tried this for a client. then, even with the certification, the BIR asked for the amount of the tax, deposited with them. the same shall be applied to the tax due on the subsequent purchase within 18 months. this ensures that if no subsequent purchase occurs, the BIR already have the money.

 

it was different about 3 years ago with another client. he made the certification and he did not have to pay capital gains tax offhand (he still had to pay documentary stamp tax though). he did not report any subsquent sale to the BIR within 18 months, but since he only used a one-time TIN with his address on the sold property, hindi na na-collect ang capital gains tax. that is probably why they adopted the deposit-first policy.

 

thus, if the same procedure still applies, it might work well for markus if his mother actually intends to purchase a realty within 18 months, otherwise BIR will keep the money deposited.

My added point to this discussion is that you also have to consider the legal complications on the transfer of the property prior to the death by way of sale(inter vivos) as opposed to after death by way of inheritance (mortis causa). While the tax aspect may be a valid consideration, you also have to take note that if the property is transferred after the death of the owner, you start to go through the process of succession or inheritance. This may produce more red tape than a simple sale as there is legitimes, the waivers of the other heir as well as extrajudicial partitions to consider.

 

Furthermore, seeking a clearance from the tax office for the transfer of properties of a deceased person is also a very complicated and nerve wracking experience that most people would rather not get into. This is also one of the reasons why most people also resort to sale of property a more attractive option to inheritance, regardless of the value of the property being transferred.

[TeeUp]

kumusta Po. I am just wondering if there are any lawyers that can give me some advice in what to do??? My lola is renting out 2 rooms out of a 3 bedroom house that she is renting her self for a reasonable price here in Los Angeles California USA. Since she is an elderly woman and has no work she needs to do this to supplement some income although she is receivig some money from her Social Security. its just not enough to get her by. She decided to rent out two rooms out of the three bedrooms to a couple and a fried of hers. Well... as time went by, things took a wrong turn in regards to the tenant and landlord relationships she has established with her tenants. Kasi she would find certain items missing out of her room, they would ring up her phone bill, even her own food from the fridge would be eaten without her permission. I feel bad because she is forced to lock everything up in her room. Patina po ulti mismong SIBUYAS ay nakabalot lang sa supot at naka lapag sa kanyang kwarto. I asked her why she wouldn't just kick them out. She told me na its not that easy. Natatakot kasi po siya because she g the tennants would tell her na isusumbong daw siya sa Social Security na nagpapaupa daw siya ng manga kwarto kaya natatakot siya na matangal ang kanyang SSI. My lola is a sweet and caring lady. She rented out these rooms to whom she thought that she could help out because they were in need of a place to to live for cheap. They were even the one disclose the price on what to pay for rent and she agreed upon it. Ni wala ngang contacts that got signed tapos wala pang resibo when ever the tennants pay for rent. The contract is just simply based on trust kasi kapwa pinoy daw. I would really apreciate it if somone out there can help me for my Lolas sake.

 

Maraming salamat Po......

 

Sincerely,

Chinelas1

chinelas1,

 

what particular benefit is she getting from the SSA? Retirement or Supplemental Security Income?

[TeeUp]

kumusta Po. I am just wondering if there are any lawyers that can give me some advice in what to do??? My lola is renting out 2 rooms out of a 3 bedroom house that she is renting her self for a reasonable price here in Los Angeles California USA. Since she is an elderly woman and has no work she needs to do this to supplement some income although she is receivig some money from her Social Security. its just not enough to get her by. She decided to rent out two rooms out of the three bedrooms to a couple and a fried of hers. Well... as time went by, things took a wrong turn in regards to the tenant and landlord relationships she has established with her tenants. Kasi she would find certain items missing out of her room, they would ring up her phone bill, even her own food from the fridge would be eaten without her permission. I feel bad because she is forced to lock everything up in her room. Patina po ulti mismong SIBUYAS ay nakabalot lang sa supot at naka lapag sa kanyang kwarto. I asked her why she wouldn't just kick them out. She told me na its not that easy. Natatakot kasi po siya because she g the tennants would tell her na isusumbong daw siya sa Social Security na nagpapaupa daw siya ng manga kwarto kaya natatakot siya na matangal ang kanyang SSI. My lola is a sweet and caring lady. She rented out these rooms to whom she thought that she could help out because they were in need of a place to to live for cheap. They were even the one disclose the price on what to pay for rent and she agreed upon it. Ni wala ngang contacts that got signed tapos wala pang resibo when ever the tennants pay for rent. The contract is just simply based on trust kasi kapwa pinoy daw. I would really apreciate it if somone out there can help me for my Lolas sake.

 

Maraming salamat Po......

 

Sincerely,

Chinelas1

chinelas1,

 

okay, it is SSI....

 

the question is how much is she receiving from her tenants? is it more than the amount she is paying for the entire apartment? by how much?

 

if it is not more than the rent she is due to pay or if the surplus isn't so big, it may not be considered income at all for her to forfeit her SSI. call SSA at 1-800-772-1213 to find out the income limits in your state because the limits vary from state to state.

 

SSI pays monthly benefits to people who are age 65 or older, or blind or have a disability and who don't own much or have a lot of income. with emphasis on a LOT. which means if at all she earns a little income for the rents then she will not lose her SSI.

 

as for things that one must have to own,

 

SSA says:

 

The things you own that we consider include items such as real estate, bank accounts, cash and stocks and bonds. A person may be able to get SSI if they have items worth no more than $2,000. A couple may be able to get SSI if they have items worth no more than $3,000. If you own property or another resource that you are trying to sell, you may be able to get SSI while trying to sell it. Social Security doesn't count everything you own. For example:

 

the home you live in and the land it's on do not count;

 

life insurance policies with a face value of $1,500 or less do not count;

 

your car usually does not count;

 

burial plots for you and members of your immediate

family do not count;

 

up to $1,500 in burial funds for you and up to $1,500

in burial funds for your spouse may not count; and

 

if you are blind or have a disability, some items may

not count if you plan to use them to work or earn

extra income.

 

 

i don't think there is much to worry about losing her SSI for as long as she keeps herself within the income and ownership limits.

[skidmarkHarvey]

Good morning. legal question po... I'm a 1st year law student and my crim.law2 prof gave me a toughie assignment. I'd really appreciate if you could help me out.

 

Here goes:

 

Qualified Theft includes stealing coconuts provided that the coconuts are still in the plantation. What if daw the coconuts are in the process of drying as copra on the Copra-Drier? Will that still amount to qualified theft??? If so, does the copra-drier need to be within the premises of the plantation or not?

 

 

Thank you so much.

 

Harveyboy :evil: :mtc: :mtc:

[j_s_j99]

I have a friend who is a girl na nakipag live in recently. The guy is not satisfied with her sexual performance. One day pinakain sya ng gamot pampainit ng katawan with out her knowing it. That day naging groggy sya at umiinit talaga ang katawan. The guy was very happy but the girl felt sad and abused. My question is : Is that a form of rape?Pwede b kasuhan ka liv in nya at mahirap ba patunayan?

[deus]

Sir deus, heto po ung result kong WCPUID:

 

 

[ WCPUID Version 3.1a © 1996-2002 By H.Oda! ]

 

Processor #1 : AMD Athlon XP (Model 8) / 67557706

Platform : Socket A (Socket 462)

Vendor String : AuthenticAMD

CPU Type : Original OEM Processor (0)

Family : 6 (7)

Model : 8 (8)

Stepping ID : 0 (0)

Brand : ----

APIC : ----

HT Log.CPU Cnt : ----

Name String : AMD Athlon XP 1500+

 

Internal Clock : 1300.04 MHz

System Bus : 200.01 MHz DDR

System Clock : 100.00 MHz

Multiplier : 13.0

 

L1 I-Cache : 64K Byte

L1 D-Cache : 64K Byte

L1 T-Cache : ----

L1 Cache : ----

L2 Cache : 256K Byte

L2 Speed : 1300.04 MHz (Full)

 

MMX Unit : Supported

SSE Unit : Supported

SSE2 Unit : Not Supported

MMX2 Unit : Supported

3DNow! Unit : Supported

3DNow!+ Unit : Supported

 

Host Bridge : 1106:3099.00 [VIA Apollo KT266/A,KT333]

South Bridge : 1106:3177.00 [VIA VT8233A]

VGA Device : 10DE:0110.B2 [NVIDIA GeForce2 MX/MX 400]

Memory Size : 256M Byte

Memory Clock : ----

 

OS Version : Windows 98 Version 4.10.2222 A

-------------- : -----------------------------------

StdFunc 0 : 00000001 68747541 444D4163 69746E65

StdFunc 1 : 00000680 00000000 00000000 0383FBFF

ExtFunc 0 : 80000008 68747541 444D4163 69746E65

ExtFunc 1 : 00000780 00000000 00000000 C1C3FBFF

ExtFunc 2 : 20444D41 6C687441 74286E6F 5820296D

ExtFunc 3 : 35312050 002B3030 00000000 00000000

ExtFunc 4 : 00000000 00000000 00000000 00000000

ExtFunc 5 : 0408FF08 FF20FF10 40020140 40020140

ExtFunc 6 : 00000000 41004100 01008140 00000000

ExtFunc 7 : 00000000 00000000 00000000 00000001

ExtFunc 8 : 00002022 00000000 00000000 00000000

C0010015h : 00000000 040B1008 DEC1CB88 DF049E64

C0010016h : 00000000 00000000 DEC1CB88 DF049E64

C0010017h : 00000000 00000000 DEC1CB88 DF049E64

C0010018h : 00000000 E0000018 DEC1CB88 DF049E64

C0010019h : 0000000F F8000800 DEC1CB88 DF049E64

C001001Ah : 00000000 10000000 DEC1CB88 DF049E64

C001001Bh : 00000000 6003D22F DEC1CB88 DF049E64

C0010111h : 00000000 000B0000 DEC1CB88 DF049E64

C0010112h : 00000000 00000000 DEC1CB88 DF049E64

C0010113h : 00000000 00000001 DEC1CB88 DF049E64

 

##--- Date 02/19/2004, Time 01:34:44

 

 

does this mean i was given an overclocked xp1500 running at xp2100 rate? Hindi po kasi ako marunong gano sa pc eh... pls help me interpret the data. Thank you po.

Sorry for replying late in_vitro, sir. I was wondering if you ran CPUID under this bios settings

internal clock: 1.733 GHz / 1733Mhz

multiplier: 13

system clock/FSB: 133Mhz

Vcore: 1.60-1.65 or 1.75

--- I think not.

Anyway the result of Family : 6 (7), Model : 8 (8), Stepping ID : 0 (0)

states that your CPU Core is Thoroughbred A (if you bought it at 3rd quarter 2003,

Thorougbred A cores are almost non-existent, the shop should be selling Tbred B cores). This also means XP1500+ is out since its family-model-ID is 600. But, XP1700+ to XP2000+ is also 681. CPU core is used to identify the overclocking capabilities of the CPU.

 

One thing I forgot to tell you, sorry about this, is to benchmark your system. Go to this link www.dr-hardware.com and download dr hardware 2003 utility (2.2MB). I prefer this utility tool cause it directly shows what is your CPU type even if it is under/overclocked plus a lot of nice functions to help you get more information about your installed hardwares, OS etc. Also recommended is SiSoft Sandra 2003.3.944 at www.SiSoftware.net/sandra/

(5.5MB)

 

CPU ID tab for dr hardware: hardware-cpu-CPUID, multiprocessor info

CPU ID tab for SiSoft Sandra: information modules-cpu and bios information

 

Assuming that it is XP2100+

1. Your bios settings should be as above with DDR 333Mhz,

2. make sure that the AGP is configured to 4X with 64MB AGP memory

3. most importantly, the drivers for your motherboard should be installed prior to the installation of the VGA driver (updated driver recommended) otherwise your agp will be running at 2X mode even if it is configured at 4X mode.- this thing made me crazy a year ago when I bougth a 64MB MX440SE VGA 4X on Pentium III platform, thought that I've new defective VGA.

a. Check this by going to display properties - settings - advance - Geforce MX440 tab and look at the BUS speed of the vga.

4. DirectX version should be at least 8.0 to use the full potential of the VGA. Did you run warcraft on Windows XP? - This OS runs on DirectX8.0

5. In game, on the video option settings, set it all to medium then if everything is well, customize it according to you likings but remember you are only using

64MB MX400 chip so don't put it all to max settings.

6. Lastly, look at the read me files, instruction files, of the software and see if it has

problems running on different OS and Nvidia drivers specifically.

 

Hope this solves your problem.

 

If I may, why do you need windows 98 OS?

[deus]

What's really disturbing is that PCExpress (Shaw) and a Villman branch were among those raided and found to have fake AMD chips. If one branch has fake/overclocked chips, you can assume that the other branches have them as well.

Gosh, I buy most of my hardwares in those shops mentioned. Whats next? - selling

surplus brands by modifying the casing and tampering the stickers making it look like brand new, like some mobile phones that are being sold in Ghills.

 

I recall someone I know bought a brand new Pentium 4 processor (forgot where he bought it),when he opened the package at home, 3 PINS are missing from the CPU. The shop would not replace it, they say it was user fault. I said that he should have inspected the CPU before leaving the shop.

[jopoc]

I have a friend who is a girl na nakipag live in recently. The guy is not satisfied with her sexual performance. One day pinakain sya ng gamot pampainit ng katawan with out her knowing it. That day naging groggy sya at umiinit talaga ang katawan. The guy was very happy but the girl felt sad and abused. My question is : Is that a form of rape?Pwede b kasuhan ka liv in nya at mahirap ba patunayan?

OF COURSE!

 

but how do you think she can proove it?

if she has the evidence, why not?

 

sana nagpa medico legal check sya after nya nahimasmasan.

[tarub_ni_popoy]

to all lawyers and future lawyers kindly post your comments on this particular issue

 

Is it possible for a lawyers advocate to avail court of public opinion?as a lawyer would it be violation of Code of Profesional Responsibility?

 

Thank You and God Bless :mtc:

[Roubaix]

to all lawyers and future lawyers kindly post your comments on this particular issue

 

Is it possible for a lawyers advocate to avail court of public opinion?as a lawyer would it be violation of Code of Profesional Responsibility?

 

Thank You and God Bless

:mtc:

First of all, why?

 

Is there a need to resort to the tactics employed by Joey and Kris? The question lacks a situation where the need to resort to the court of public opinion is required.

 

If the problem is about the interpretation of a contract or the enforcement of one, it would unethical to resort to the public.

 

If the case is criminal, let the victim or the family of the offended party make the noise, not the lawyer.

 

Our profession is a noble one. There is no justification to appear in S Files or be interviewed by Boy Abunda.

 

That's my opinion on the matter.

[bonito99]

hello guys.

 

I would like to ask the help in starting my own company.

 

how do i go about this? all the paperworks and stuff like SEC ...

 

thanks

check out SEC Online

 

They have express application forms for incorporation.

Number of people required to incorporate: 5 minimum to 15 max.

 

Oh yeah, try to reserve a corporate name as well.

[bonito99]

Hi! I have a question po. I seemed to have lost my wallet. And included dun yung PRC license ko. Would you know what requirements I need to have to get a new license? Thanks.

Get an Affidavit of Loss, stating that:

1. your status as a professional;

2. that on or about this certain time and place that you lost your PRC license;

3. that you are executing/writing this affidavit for the purpose of getting a replacement PRC card.

 

You can get it from your nearest Notary Public. I guess it's around P50-P100 only.

[smalltime]

kelangan boycott natin mga assh*le shops na gumagawa ng ganyan.

i mean mtc has d power db. every one of us use pc to access mtc.

if only we can act together.

[TeeUp]

My added point to this discussion is that you also have to consider the legal complications on the transfer of the property prior to the death by way of sale(inter vivos) as opposed to after death by way of inheritance (mortis causa). While the tax aspect may be a valid consideration, you also have to take note that if the property is transferred after the death of the owner, you start to go through the process of succession or inheritance. This may produce more red tape than a simple sale as there is legitimes, the waivers of the other heir as well as extrajudicial partitions to consider.

 

Furthermore, seeking a clearance from the tax office for the transfer of properties of a deceased person is also a very complicated and nerve wracking experience that most people would rather not get into. This is also one of the reasons why most people also resort to sale of property a more attractive option to inheritance, regardless of the value of the property being transferred.

i agree with you freelicker....

 

sometimes things just probably boil down to priorities.... money or convenience?

 

mabuhay ka!

[civilcode]

just check the trend

[midfielder]

Whatever happened to Sen.Oreta's motion for the revision of Article 36 of the Family Code? She filed Senator Bill 866 in the opinion that "the Family Code should cite examples of psychological incapacity that would include, but not limited to, any combination of the following: Violent behavior or grossly abusive conduct against the other spouse or their common child or children; abandonment; protracted and constant refusal to cohabit or have sexual intercourse with spouse; constitutional laziness or indolence or willful deprivation of financial, spiritual, moral and emotional support without justifiable cause; drug addiction; habitual alcoholism; compulsive gambling or criminality; habitual sexual infidelity; homosexuality; and extremely low intelligence or immaturity."

 

(quote from a TUCP article )

[roxysnonie]

Asus Degatto

 

ECS Desknote

 

both are laptops, how are they, anybody got to use or read about any of the two?

 

 

also what distinguishing marks to look for when buying an AMD processor?

 

how can you spot a Barton issue from a standard or oem AMD...

 

which batch turned out to be best if not better than the rest? again how to distinguish these...

Edited February 25, 2004 by roxysnonie

[jackl]

Furthermore, seeking a clearance from the tax office for the transfer of properties of a deceased person is also a very complicated and nerve wracking experience that most people would rather not get into. This is also one of the reasons why most people also resort to sale of property a more attractive option to inheritance, regardless of the value of the property being transferred.

The BIR now have this ONETT procedure which will supposedly give you the CAR (tax clearance) five days from submission of all required documents. Haven't had any luck yet since almost invariably, the examiners will ask for additional documents or explanations.

[barog]

Whatever happened to Sen.Oreta's motion for the revision of Article 36 of the Family Code? She filed Senator Bill 866 in the opinion that "the Family Code should cite examples of psychological incapacity that would include, but not limited to, any combination of the following: Violent behavior or grossly abusive conduct against the other spouse or their common child or children; abandonment; protracted and constant refusal to cohabit or have sexual intercourse with spouse; constitutional laziness or indolence or willful deprivation of financial, spiritual, moral and emotional support without justifiable cause; drug addiction; habitual alcoholism; compulsive gambling or criminality; habitual sexual infidelity; homosexuality; and extremely low intelligence or immaturity."

 

(quote from a TUCP article )

[ First Regular Session, 12th Congress ]

[ 2001 ]

Jun. 30 - Introduced by Sen. AQUINO-ORETA;

Aug. 2 - Read on First Reading and referred to the Committee(s)

on CONSTITUTIONAL AMENDMENTS, REVISION OF CODES AND

LAWS; and YOUTH, WOMEN AND FAMILY RELATIONS;

>

as of February 11, 2004 9:00 a.m.

 

[The bill died a natural death. This quote came from the senate website. It has to be refiled in the next congress in order for it to become a law

[matsutsu]

Linux question:

Newbie ako sa linux.

 

Got a pc/lcd from a friend.

Tried to install WinXP pero it always fail to install.

I decided to install Fedora instead.

 

All went well so far.

I tried to check the network.

I use DHCP to get ip address (ADSL ako) pero it always fail.

If I assign static ip, ok lng but if I restart network service, eth0 always fails.

 

Anything I should do to track this problem?

 

Ty!

[freelicker]

The BIR now have this ONETT procedure which will supposedly give you the CAR (tax clearance) five days from submission of all required documents. Haven't had any luck yet since almost invariably, the examiners will ask for additional documents or explanations.

Yup. Most of the times, the period provided for by the law in resolving issues are not followed. While they may tell you that it should come out within 5 days or 5 weeks, it does not because of one reason or another.

[umbertoeklat]

Is it true that the released Barton 2500+ is only an FSB 333?

If dats d case, then mas sigurado ka dito?

[-=extreme=-]

Specifications:

AMD Athlon XP 2500PR Socket A CPU, 1.833GHz, QuantiSpeedTM Architecture: Yes; Operations per clock cycle: 9; Integer pipelines: 3; Floating point pipelines: 3; Full x86 decoders: 3; L2 cache size: 512KB (on-chip); Total on-chip full-speed cache: 384KB; Total effective on-chip full-speed cache: 384KB (exclusive); System bus speed: 333MHz; 3D Enhancement instructions: 3DNow!TM Professional.

[-=extreme=-]

Latest Mydoom variant deletes files

 

The latest variant of the Mydoom virus, discovered Friday, is still spreading and actively deleting files from victims' computers, security researchers warned Wednesday. 

The variant, dubbed Mydoom.F, not only tries to perform a distributed denial-of-service attack on the Web sites of Microsoft Corp. and the Recording Industry Association of America, but has a destructive payload that deletes document and picture files, according to researchers at Helsinki's F-Secure Corp. 

While Mydoom.F is not as widespread as previous variants, it is more destructive to users, said Mikko Hyppönen, director of antivirus research at F-Secure. 

"Mydoom.F gradually goes through your system again and again, deleting files," Hyppönen said.

The worm targets mostly image and Microsoft document files, with extensions such as .jpg, .doc and .xls.

Computer users are advised to update their antivirus software, as most antivirus companies updated their products to address the new variant when it was discovered, Hyppönen said. 

If users haven't updated their antivirus software, they should turn off their systems until they are ready to update so the virus does not continue deleting files on infected computers, he added. 

Mydoom.F is just the latest threat spawned from the original Mydoom.A virus that began circulating last month.

Mydoom.F is thought to be by authors who picked up the Mydoom source code off the Internet, Hyppönen said, and not from the original Mydoom authors.The Mydoom.B variant was designed to drop the source code, Hyppönen said, presumably so it would be more difficult to track Mydoom code's authors. 

"The original Mydoom is the work of spammers and these spammers have nothing to gain from deleting files," Hyppönen said. "They want to lay low and have computers work."