legal Free Legal Advice

[oliverjohnholmes]

I am writing for an on behalf of a friend...

 

her story starts by falling in love with a married filipino man who resides overseas. the man said he has divorced his wife in Canada, but they had their marriage solemnized in the Phils... they are both Filipinos but are having their citizenship changed...

 

now, my friend bore the man's child... he has denied paternity over the child repeatedly... he was sued by his ex wife for RA 9262, which was dismissed at the prosecutorial level...

 

the man comes to the Phils once a year... stays three weeks and returns overseas... the ex plans to sue my friend and the man should he acknowledge the child...

 

so the question is... what possible cases can be filed against my friend? secondly, does concubinage apply here?

 

can my friend file a suit against the ex wife? how best can she protect herself?

 

will await your learned opinions...

 

 

thanks.

[rocco69]

where is your friend living? Phils or abroad?

 

where did she have sex with the man? Phils or abroad?

 

where did she give birth to the child? Phils or abroad?

 

where is the child now? Phils or abroad?

 

where is the ex-wife living? Phils or abroad?

 

 

I am writing for an on behalf of a friend...

 

her story starts by falling in love with a married filipino man who resides overseas. the man said he has divorced his wife in Canada, but they had their marriage solemnized in the Phils... they are both Filipinos but are having their citizenship changed...

 

now, my friend bore the man's child... he has denied paternity over the child repeatedly... he was sued by his ex wife for RA 9262, which was dismissed at the prosecutorial level...

 

the man comes to the Phils once a year... stays three weeks and returns overseas... the ex plans to sue my friend and the man should he acknowledge the child...

 

so the question is... what possible cases can be filed against my friend? secondly, does concubinage apply here?

 

can my friend file a suit against the ex wife? how best can she protect herself?

 

will await your learned opinions...

 

 

thanks.

Edited September 24, 2014 by rocco69

[oliverjohnholmes]

Dear Sir:

 

Please find my responses below in bold.

 

Thanks very much.

 

OJH

where is your friend living? Phils or abroad?

 

where did she have sex with the man? Phils or abroad? here in the Phils. She lives in a condo that the man gives money for.

 

where did she give birth to the child? Phils or abroad? here in the Phils.

 

where is the child now? Phils or abroad? here in the Phils.

 

where is the ex-wife living? Phils or abroad? domiciled abroad but already tried to file a RA9262 case against her ex husband.

 

 

 

[rocco69]

1. what possible cases can be filed against my friend?

 

all kinds of cases can be filed against your friend. it just depends on the creativity of the complainant. E.g. she can file a case of attempted murder against your friend; or grave threats; or theft. As I said, it depends on the complainant.

 

The question though, would be, will any of these cases prosper? Which is doubtful if she has no evidence to support her claims. But, as I said, if she wants to harass your friend, she can file any kind of case she wants (and maybe, fabricate evidence to support her allegations)

 

 

2. secondly, does concubinage apply here?

 

Concubinage is committed by any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place (Article 334 of the Revised Penal Code or RPC).

 

From the looks of it, a charge of concubinage will not prosper against your friend.

 

 

3. can my friend file a suit against the ex wife?

 

what has she done to your friend? from your narrative, the wife has done nothing. The cases the wife filed was against the husband, not your friend, so I don't think your friend has a cause of action against the wife (NOTE: Since they are still Filipinos, the divorce is ineffective, and you cannot call her the EX-WIFE. She remains THE WIFE).

 

Ngunit, subalit, datapwat... to paraphrase Answer #1: all kinds of cases can be filed by your friend against the wife. it just depends on her creativity. E.g. she can file a case of attempted murder against the wife; or grave threats; or theft. As I said, it depends on the complainant.

 

The question though, would be, will any of these cases prosper? Which is doubtful if she has no evidence to support her claims. But, as I said, if she wants to harass the wife, your friend can file any kind of case she wants (and maybe, fabricate evidence to support her allegations)

 

 

4. how best can she protect herself? get the man to change his citizenship ASAP. If he becomes a foreigner, the divorce becomes effective as to the husband. If that happens, the wife would really become the EX-WIFE and would have no claim against the man on the basis of their marriage.

 

I am writing for an on behalf of a friend...

 

her story starts by falling in love with a married filipino man who resides overseas. the man said he has divorced his wife in Canada, but they had their marriage solemnized in the Phils... they are both Filipinos but are having their citizenship changed...

 

now, my friend bore the man's child... he has denied paternity over the child repeatedly... he was sued by his ex wife for RA 9262, which was dismissed at the prosecutorial level...

 

the man comes to the Phils once a year... stays three weeks and returns overseas... the ex plans to sue my friend and the man should he acknowledge the child...

 

so the question is... what possible cases can be filed against my friend? secondly, does concubinage apply here?

 

can my friend file a suit against the ex wife? how best can she protect herself?

 

will await your learned opinions...

 

 

thanks.

[oliverjohnholmes]

my thanks sir!

[staringatdsun]

Hope someone can enlighten me on this.

 

Last year my dad passed away and he left a parcel of land that he was planning to sell prior to his passing away.

 

So when he passed away i found out several things that is causing me some concerns.

 

1. The title of the property is in his name AND to his wife #1 who is living in a different country with a foreign citizenship already.

 

2. I am a product of wife # 2 who is also deceased.

 

3. My dad had 2 kids with wife # 1 and another 2 with wife no 2, me and my sis.

 

4. Me and wife # 1 agreed to sell the property and equally divide the proceeds among the 4 offspring 2 of whom are abroad and of foreign citizenship already.

 

5. i found out that my dad and my mom, wife # 2, were not married or do not have a marriage contract according to the NSO BUT me and my sis birth certificat states that my mom and dad were married.

 

6. The name of my dad in my sis birth certificate is his nickname and not his actual name, differing from the name listed in the land title

 

 

Now my question are the following:

 

1. How can we go about the sale of the property since my dad and my mom's marrage certificate is needed to prove that we are his children?

 

2. What do I do with my sister's birth certificate ?

 

Also, in this situation what is the easiest and fastest way to transact the sale?

 

Would it be possible to allow the sale of the property done exclusivelyby wife #1 and just not declare us?

 

Thanks

[rocco69]

1. Who owns the property?

 

Since the property is in the name of your dad and wife #1 (actually, the ONLY wife, as it appears that your dad and your mom are not actually married to each other), they own the property 50-50.

 

[ASSUMING THAT THE PARCEL OF LAND IS THE ONLY PROPERTY LEFT BY YOUR DAD]

 

With the death of your dad, his 50% share goes to his heirs.

 

Who are his heirs?

 

Wife #1; their 2 kids (let's call them Kid1 and Kid2); and you and your sis.

 

How much are the shares of the heirs?

 

Legitimate children get 1/2 OF THE SHARE of your dad. Since there are two of them, they divide the 1/2 equally between them, so:

Kid1 gets 1/4

Kid2 gets 1/4

 

Wife #1 gets the same share as that of each legitimate child, so she also gets 1/4

 

Illegitimate children get half the share of a legitimate child, so you and your sis get 1/8 each (which is 1/2 of 1/4).

 

In total, for the ENTIRE PROPERTY, it is going to be owned in the following proportions:

 

Wife #1 owns 5/8 of the entire property (her 1/2 share plus her 1/4 share in the half belonging to your late dad)

Kid1 owns 1/8 (1/4 of 1/2 is equal to 1/8)

Kid2 owns 1/8 (1/4 of 1/2 is equal to 1/8)

You own 1/16

Your sis owns 1/16

 

 

2. How can we go about the sale of the property since my dad and my mom's marriage certificate is needed to prove that we are his children?

 

You don't actually need the marriage certificate. What you need is an "EXTRAJUDICIAL SETTLEMENT OF ESTATE" where you and the other heirs divide the property between yourselves. With the Extrajudicial Settlement, that will be proof that you are the new owners of the property. Your problem, really, is how to go about executing the Extrajudicial Settlement since the other signatories (wife #1 and Kid1 and Kid2) are abroad. The document will have to be notarized by the Phil. consul in the country where they are. Matagal na proseso ito dahil they either go to the consul (mabuti kung malapit sila sa consulate, kung sa ibang city ito located, problema), or they have the document notarized before a local notary and then mail the notarized document to the consulate.

 

 

3. What do I do with my sister's birth certificate?

 

You can try to have this corrected through administrative proceedings (on the claim that there was a typographical error) at the local civil registrar where the certificate is registered. magtanong ka dun. problema lang, baka kasi i-require ka na magfile ng petition sa court kasi parang magbabago ang status ng kapatid mo, baka di pumayag ang civil registrar na ito ay i-consider na typographical error lang. Pero, no harm in trying.

 

 

4. in this situation what is the easiest and fastest way to transact the sale?

 

problema mo kasi, patay na yung isang registered owner. hahanapan ka talaga ng proof ng buyer kung sino ang nagmana ng share ng deceased owner, which proof is the extrajudicial settlement.

 

 

5. Would it be possible to allow the sale of the property done exclusively by wife #1 and just not declare us?

 

nope. since the property is registered in the name of your dad and wife #1, ano ang karapatan niya to sell ALONE. Kung ikaw buyer at nakita mo yung property ay registered in the name of X and Y, tapos si Y lang ang nagbebenta, bibilhin mo ba yung property? Ano ang kasiguraduhan mo na hindi aalma si X pag nalaman niya na ibenenta yung buong property solely by Y.

 

Ang usual na kalokohan na nangyayari sa ganyan ay pinepeke ang pirma ni X. mahirap ang ganyan at pag may nagreklamo, falsification of public document ang maaari mong kaharapin.

 

 

Hope this answers some of your questions.

 

Hope someone can enlighten me on this.

 

Last year my dad passed away and he left a parcel of land that he was planning to sell prior to his passing away.

 

So when he passed away i found out several things that is causing me some concerns.

 

1. The title of the property is in his name AND to his wife #1 who is living in a different country with a foreign citizenship already.

 

2. I am a product of wife # 2 who is also deceased.

 

3. My dad had 2 kids with wife # 1 and another 2 with wife no 2, me and my sis.

 

4. Me and wife # 1 agreed to sell the property and equally divide the proceeds among the 4 offspring 2 of whom are abroad and of foreign citizenship already.

 

5. i found out that my dad and my mom, wife # 2, were not married or do not have a marriage contract according to the NSO BUT me and my sis birth certificat states that my mom and dad were married.

 

6. The name of my dad in my sis birth certificate is his nickname and not his actual name, differing from the name listed in the land title

 

 

Now my question are the following:

 

1. How can we go about the sale of the property since my dad and my mom's marrage certificate is needed to prove that we are his children?

 

2. What do I do with my sister's birth certificate ?

 

Also, in this situation what is the easiest and fastest way to transact the sale?

 

Would it be possible to allow the sale of the property done exclusivelyby wife #1 and just not declare us?

 

Thanks

[staringatdsun]

. How can we go about the sale of the property since my dad and my mom's marriage certificate is needed to prove that we are his children?

 

You don't actually need the marriage certificate. What you need is an "EXTRAJUDICIAL SETTLEMENT OF ESTATE" where you and the other heirs divide the property between yourselves. With the Extrajudicial Settlement, that will be proof that you are the new owners of the property. Your problem, really, is how to go about executing the Extrajudicial Settlement since the other signatories (wife #1 and Kid1 and Kid2) are abroad. The document will have to be notarized by the Phil. consul in the country where they are. Matagal na proseso ito dahil they either go to the consul (mabuti kung malapit sila sa consulate, kung sa ibang city ito located, problema), or they have the document notarized before a local notary and then mail the notarized document to the consulate.

 

 

THANKS SO MUCH for the answers.

 

nagkakaliwanag na ang problema ko.

 

 

with regards to point number 2, would it be better if I have the extra judicial settlement done locally then I will send it to them and have them sign it then they have to have it notarized by the Philippine consulate wherever they are? tama po ba ang intindi ko?

 

secondly, wife number 1 is talking about a sworn statement which basically is a written document signed and notarized by the philippine consulate in their country, and they are asking me to execute one also. would this be of any use? or we would all be better off just doing the extra judicial settlement?

 

lastly, what are the supporting documents needed for an extra judicial settlement.

 

 

sorry for all the questions.

 

thanks so much bro.

[rocco69]

1. The way I see it, ang pinakamadali (pero ito ay kung may tiwala kayong lahat sa isa't-isa), you all agree in the Extrajudicial Settlement that the property will be owned by Wife #1, i.e. in the Extrajudicial Settlement all the heirs agree that the property will belong to wife #1 and the rest waive their shares in her favor.

 

Then wife#1 executes a Special Power of Attorney in your favor, authorizing you to sell the property and to receive the proceeds of the sale.

 

After you sell, then you divide the proceeds of the sale among yourselves, in whatever proportion you have agreed upon.

 

 

2. would it be better if I have the extra judicial settlement done locally then I will send it to them and have them sign it then they have to have it notarized by the Philippine consulate wherever they are? tama po ba ang intindi ko?

 

If Wife#1 and Kid1 and Kid2 are in the same foreign country, mas maganda siguro na you make the extrajudicial settlement (WHEREIN ALL THE HEIRS, TO INCLUDE YOU AND YOUR SIS ARE LISTED) here, and then you just email the document to them (isabay mo na yung SPA na gagawin ni Wife #1 authorizing you to sell the property). I-printout nila dun, then they have it notarized there (the Extrajudicial Settlement and the SPA) before the Phil. consulate. Pag notarized na ng Phil. consulate [ito na yung may red ribbon at gold seal], ipadala nila sa iyo thru FedEx yung papers. Dito naman sa Pilipinas, you and your sis execute another document wherein you and your sis acknowledge, confirm, and agree to the Extrajudicial Settlement signed by Wife#1 and Kid1 and Kid2 (kaya importante na nakalista rin kayo sa pipirmahan nilang Extrajudicial Settlement as heirs of your late dad). Lalabas na magkasama yung Extrajudicial Settlement at yung Acknowledgment Agreement niyo ng sis mo.

 

 

3. lastly, what are the supporting documents needed for an extra judicial settlement.

 

basically, just the Death Certificate of your late dad.

 

Note, however, that for the effectivity of the “Extrajudicial Settlement of Estate”, the fact of the same will have to be published once a week for 3 consecutive weeks in a newspaper of general circulation in the city/province where your dad last resided before his death. This is just a small notice, you’ve probably seen one in the classified ads section of the newspaper, along the lines of

 

“LEGAL NOTICE

 

This is to inform the public that

the estate of so-and-so has been

extrajudicially settled among his

heirs as per an Extra-judicial

Settlement of Estate executed

before Notary Public so-and-so,

Document No.__, Page No.__,

Book No.__, Series of 2014.”

 

After publication, the publisher will execute an affidavit of publication, stating that the settlement was published once a week for 3 consecutive weeks in their newspaper/tabloid. You will be using this affidavit, as well as the three actual newspapers/tabloids themselves.

 

 

4. Tax Implications

 

For the privilege of passing on property to the heirs, the Phil. govt. imposes an estate tax.

Note that you have to pay the tax within 6 mos. from death of the registered owner, otherwise, you automatically get a 25% penalty; PLUS the tax due earns interest at 20% per annum. Kaya kailangan maayos agad ito, para di na tumaas ang bayaring buwis.

 

Hope this helps.

 

. How can we go about the sale of the property since my dad and my mom's marriage certificate is needed to prove that we are his children?

 

You don't actually need the marriage certificate. What you need is an "EXTRAJUDICIAL SETTLEMENT OF ESTATE" where you and the other heirs divide the property between yourselves. With the Extrajudicial Settlement, that will be proof that you are the new owners of the property. Your problem, really, is how to go about executing the Extrajudicial Settlement since the other signatories (wife #1 and Kid1 and Kid2) are abroad. The document will have to be notarized by the Phil. consul in the country where they are. Matagal na proseso ito dahil they either go to the consul (mabuti kung malapit sila sa consulate, kung sa ibang city ito located, problema), or they have the document notarized before a local notary and then mail the notarized document to the consulate.

 

 

THANKS SO MUCH for the answers.

 

nagkakaliwanag na ang problema ko.

 

 

with regards to point number 2, would it be better if I have the extra judicial settlement done locally then I will send it to them and have them sign it then they have to have it notarized by the Philippine consulate wherever they are? tama po ba ang intindi ko?

 

secondly, wife number 1 is talking about a sworn statement which basically is a written document signed and notarized by the philippine consulate in their country, and they are asking me to execute one also. would this be of any use? or we would all be better off just doing the extra judicial settlement?

 

lastly, what are the supporting documents needed for an extra judicial settlement.

 

 

sorry for all the questions.

 

thanks so much bro.

Edited September 28, 2014 by rocco69

[staringatdsun]

Thanks so much.

 

Last followup.

 

Provided that we all execute an extra judicial settlement in the name of wife #1, would it be possible and would it be legal and binding if we all execute another agreement on how we will share the proceed of the sale? Like a statement saying that the proceed of the sale will go to the following? 1/4 to kid #1 , 1/4 to kid #2 so on and so forth? Just to pacify everybody? Lets just say that there is an uneasy trust among the players involved and its not absolute. Because as I see it, after we sign over the property to wife #1 via the extra judicial settlement she basically has full control of it right?

 

 

So sorry for all these questions...

[pogingpogi2x]

Sa isang privae school may isang bata(student) na gumawa ng paglabag sa school nila kaya pinatawag at inimbestigahan. Dumaan naman sa process ng school like pina sulat kung ano ginawa nya then ang verdic e 79 ang grade. Ang magulang ng nasabing bata ayaw tanggapin ang hatol, kahit na ang mismong principal pa ang kinausap nila.

 

Ang ginawa ng magulang ng bata ay nireklamo ang teacher ng dicipline officer sa baranggay, at ngayon ang baranggay ay sinusumon ang teacher dahil daw nag reklamo ang pamilya ng bata. Ang sabi ng teacher hinde sya sisipot sa sumon ng baranggay dahil hinde daw nila sakop ang school kung gusto ng magulang na magreklamo dapat ay sa division office ng deped.

 

Tanong po:

1. Ang baranggay ba ay may karapatang isumon ang nasabing teacher dahil nireklamo sya ng magulang dahil sa ginawa ng school sa anak nila?

2. Sakop ba ng baranggay ang school?

3. Ano ba ang tamang gawin ng magulang kung hinde sila sang ayon sa hatol na ginawa ng school sa anak nila na lumabag sa mga alituntunin ng school.

[rocco69]

would it be possible and would it be legal and binding if we all execute another agreement on how we will share the proceed of the sale?

 

yup, that would be OK.

 

Thanks so much.

 

Last followup.

 

Provided that we all execute an extra judicial settlement in the name of wife #1, would it be possible and would it be legal and binding if we all execute another agreement on how we will share the proceed of the sale? Like a statement saying that the proceed of the sale will go to the following? 1/4 to kid #1 , 1/4 to kid #2 so on and so forth? Just to pacify everybody? Lets just say that there is an uneasy trust among the players involved and its not absolute. Because as I see it, after we sign over the property to wife #1 via the extra judicial settlement she basically has full control of it right?

 

 

So sorry for all these questions...

[goodboy053081]

HOW TO HANDLE CREDIT CARD COLLECTION AGENCIES:

 

PART1

 

1) If you've been receiving concerns about fears and threats from collectors if you don't pay, like :

 

- filing a case

- visits

- warrants

- amnesty with deadlines

- all sorts of LIES

 

Please dare their bluff.

 

Magic Word:

"according to my lawyer, sa court na lang natin pag-usapan ito, para legal lahat"

 

di ba mas ok pa ito?

stop arguing with them.

useless.

stick to this line.

and you will be amazed why ayaw nila.

 

2) As per BSP Cir. 702:

a) Prohibits banks and their affiliate credit card companies from issuing pre-approved cards on concerns that pre-approved cards sent either through the mail or delivered by courier have exposed the public to cases of fraud via unauthorized use of their cards.

 

Banks and credit card companies are required to notify cardholders in writing within seven days before any account is endorsed to a collection agency.

 

“The notification requirement, which should include the full name of the collection agency and its contact details, is expected to also give cardholders enough time to consider whether it will be advantageous for them to settle before their accounts are endorsed to collection agents,”

 

It added that that the new rules require credit card companies to ensure that collection agents disclose their true identity to cardholders in order to address mounting complaints regarding unfair collection practices by some collection agents.

 

c) Entertain the collection agency ONLY if they have an authority/endorsement per BSP Cir. 702.

 

Magic Word:

" Before we can talk, may I know the Endorsement Code of the bank?"

 

" Just ensure you have the bank authority as required by BSP Cir. 702;

otherwise pahuhuli kita for extortion"

 

3) It is very difficult for a bank to prove that you owe them money. The burden of proof is with bank and all documents have to be in the original! ORIGINAL! Now,for them to prove that you owe them money they have to produce all those original charge slips (the one that you have signed) and present it to you as evidence. That is your right. Now, just using common sense, do you think that the bank can produce all those charge slips and come up with the amount that they claim you owe them? Most unlikely. Highly improbable.

 

4) What you should do if you recieved a summon from court?

 

a) Do not file an answer and do not attend the hearing.

If you want to file an answer and attend the hearing, do not admit on anything but ask the bank if they have the ff: 1)original contract that you signed with the bank (not the terms of agreement but a contract; 2) original charge slips (the one you signed when you purchase something - if they cannnot produce those documents, they have no proof that you owe them.

 

If they cannot produce the original, secondary evidence is acceptable.

However, it must show proof that the original was destroyed or lost and must prove that "due diligence" was exerted.

 

c) Let us assume that there was a decision on the part of the court. It merely states you pay so much with a 12% interest every year until fully paid. But the court doesn't give a deadline until when you must fully pay it! And even if you don't pay (kc wala kang dinero), the court cannot force you to pay kung wala kang cuarta (coo-war-ta) or the court may attachment your properties to satisfy the amount claimed by the credit card issuer.

 

5) The BSP's Financial Consumer Affairs Group (FCAG) advises the public to report unscrupulous collection practices and other credit-card related concerns via telephone numbers (632) 7087087 or (632) 524-7011 local 2584, fax number (632) 5258930, or e-mail address consumeraffairs@bsp.gov.ph.

 

6) R.I.P. CREDIT CARD DEBT

 

A) Prescription Period :

 

Art. 1144. The following actions must be brought within ten years from the time the right of action accrues: (1) Upon a written contract

 

Starting Time :

 

Art. 1151. The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest.

 

 

C) Clock Reset

 

Art. 1155. The prescription of actions is interrupted when

a. they are filed before the court, or

b. when there is a written extrajudicial demand by the creditors

c. when there is any written acknowledgment of the debt by the debtor.

 

7) Can you go to jail or get sued for credit card debt?

 

A civil action for collection of sum of money may be filed by the credit card issuer for non-payment after the credit card debt becomes “due and demandable.” This is not punishable by imprisonment. However, there is a possibility of the “attachment of your properties” to satisfy the amount claimed by the credit card issuer.

 

It should be noted that a criminal case may be filed against the cardholder for committing prohibited acts under Republic Act No. 8484, otherwise known as the Access Devices Regulation Act of 1998. Such illegal acts include obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain, and fleeing thereafter (as provided under Section 9 of the law).

 

There is presumption and prima facie evidence to have utilized the credit card with intent to defraud under Section 14 of R.A. No. 8484 if a cardholder abandons or secretly leaves the place of employment, business or residence stated in the cardholder’s application or credit card, without informing the credit card company of the place where he or she could actually be found or contacted—if at the time of such abandonment or “surreptitious leaving,” the outstanding and unpaid balance is past due for at least ninety (90) days and is more than P10,000.

 

8) Can people from collecting agencies go to your house? What can you do when they do this?

 

There is no law or regulation banning collecting agents to go to the house of the cardholder. Collection agents may resort to all reasonable and legally permissible means to collect from the cardholder the amount due under the credit card agreement, provided that in the exercise of their rights and performance of duties, they must observe GOOD FAITH and REASONABLE CONDUCT and REFRAIN FROM ENGAGING IN UNSCRUPULOUS and INTOWARD ACTS.

 

Get the chance to know the steps on Financial Freedom! and BE FINANCIALLY FIT

 

Join us this Nov 11,13 & 15 2014 as we reach our goal to be Financially Fit!

First 100 will get complimentary pass contact 09175890175 and look for TON CABATIT, Jr

[rhubs]

Hoping for feedback.

 

Sino po sa inyo ang may sources or samples na I can build on para sa PHOTOGRAPHER on EVENT-type na Memorandum of Agreement and/or Contact?

 

Thanks!

[jkiwa]

Fellow MTC'ers.

 

Just this March 2014, a lending firm (lets term this as company A) that i once owed closed shop..as in they got bankrupt. I still owe them a sum of money and nag-issue ako ng checks. Now, another company (named company . Now, company B is saying that they are the holdings firm of company A since company B is the re-discounting firm of company B. My contract is ONLY with Company A and now company B is threatening to sue me for BP 22. When I asked for a copy of the checks I issued, ,I was surprised that their company name (company is now on the face of my checks (not my handwriting) but was stamped (yes, rubber stamp was used) on the face of the checks. Last communication they sent is via SMS threatening to sue me for "Sum of Money" and will levy any possession/properties.

 

Now, what rights does company B have over my checks? They say that company A, before going bankrupt, issues a circular/board resolution authorizing company B to collect loan payments for their clients (clients of company A). - does a simple board resolution gives company B the rights to collect for another company who is now closed/bankrupt/dissolved?

 

My contract also says that I owe company A and NOT company B --does the board resolution of company supersede the contract and that I now owe company B? I know my obligations, but I just want to be sure that whatever I am/going to pay is going to the right people/company.

 

Can I sue them in tampering with my checks?

 

What other options/actions can I do?

[rocco69]

When you issued the checks, was the name of the payee blank?

 

Fellow MTC'ers.

 

Just this March 2014, a lending firm (lets term this as company A) that i once owed closed shop..as in they got bankrupt. I still owe them a sum of money and nag-issue ako ng checks. Now, another company (named company . Now, company B is saying that they are the holdings firm of company A since company B is the re-discounting firm of company B. My contract is ONLY with Company A and now company B is threatening to sue me for BP 22. When I asked for a copy of the checks I issued, ,I was surprised that their company name (company is now on the face of my checks (not my handwriting) but was stamped (yes, rubber stamp was used) on the face of the checks. Last communication they sent is via SMS threatening to sue me for "Sum of Money" and will levy any possession/properties.

 

Now, what rights does company B have over my checks? They say that company A, before going bankrupt, issues a circular/board resolution authorizing company B to collect loan payments for their clients (clients of company A). - does a simple board resolution gives company B the rights to collect for another company who is now closed/bankrupt/dissolved?

 

My contract also says that I owe company A and NOT company B --does the board resolution of company supersede the contract and that I now owe company B? I know my obligations, but I just want to be sure that whatever I am/going to pay is going to the right people/company.

 

Can I sue them in tampering with my checks?

 

What other options/actions can I do?

[jkiwa]

When you issued the checks, was the name of the payee blank?

 

 

 

I saw that they stamped the name of their company (company A) only...they also let me validate the name of the company (again just company A)

[sleep_heavy]

hello atty

 

aside from terminating an employee..can a manager file a case in court by accusing his subordinate of saying p.i. at him?

 

anybody can file a case in court as this is a guaranteed right enshrined in the third article of the constitution HOWEVER this does not guarantee such an action is FINANCIALLY PRUDENT nor is it a meritoriously sound to bring to a court of Law.

 

Verbal slander such as which you described could be resolved without clogging the court dockets. In the eyes of a competent court of proper jurisdiction such a case may be best resolved in ARBITRATION AND COMPROMISE it would be more ideal for all the parties if this were settled by other modes of Resolving Dispute other than a Full Blown Court Trial. it's not easy Securing Justice in Court and you can win or loose either way... The caveat here is To Be Careful What You Ask For so you do not end up regretting... the maxim about ants and molehills will probably apply in your case... ma ayos na siguro yan sa friendly conversation supervised by a trusted third party other than a court.

[dreemo]

Anyone here to help me regarding the upgrading of PCAB contractor's license.

 

response will be greatly appreciated.

[rocco69]

1. does a simple board resolution gives company B the rights to collect for another company who is now closed/bankrupt/dissolved?

 

A company can authorize another person [in this case, Company B] to collect the debts other persons owe it. Since a Company can act only through its Board, this would have to be by a Board resolution. Notably, Company B will have to prove that the resolution exists and is authentic.

 

Note: Hindi dahil bankrupt yung company ay inexistent na ito, kailangan may petition to dissolve the company sa SEC (na approved ng SEC), or revocation ng articles of incorporation nito.

 

2. does the board resolution of company supersede the contract and that I now owe company B?

 

Not necessarily. Ang utang mo ay sa Company A, therefore dapat sa Company A ka lang may obligasyon. Kaya lang... baka naman kasi may clause sa kontrata mo na nagsasabi na pwede nila i-assign ito sa iba without your consent 9pero dapat mayron ding Deed f Assignment pag ganun]. Kung walang ganitong clause at Deed of Assignment, sa Company A ka lang may utang, at collecting agent lang ang Company B, at the most (their right to collect has to be supported by a Board resolution).

 

3. Can I sue them in tampering with my checks?

 

Pwede mong kasuhan ng falsification of commercial documents, kasi ayon sa iyo, pangalan ng Company A ang nakalagay sa cheke nung ibinigay mo ito sa Company A. Ito ay violation ng Article 172, in relation to Art. 171(6) [Making any alteration or intercalation in a genuine document which changes its meaning].

Kaya lang, kailangan matibay ang ebidensya mo na sa Company A nga nakapangalan yung cheke nung ibinigay mo ito, at kailangang maituro rin kung sinong tao sa Company B ang nagbago ng cheke.

 

4. What other options/actions can I do?

 

Hingin mo yung Board resolution, tapos i-check mo kung tutoo ito (dapat meron itong sworn certification ng Board Secretary ng Company A)

 

I saw that they stamped the name of their company (company A) only...they also let me validate the name of the company (again just company A)

Edited November 28, 2014 by rocco69

[wildswans]

Good day Sir. I have a question regarding Extra Judicial Settlement. If I were to get a Certificate of Deposit from a Bank for BIR regarding my deceased father's SSS savings account, is it normal that the certificate is sealed even if I have the passbook of my father and they also let me signed as receive what I think is the same document inside the envelope? Why does it need to be sealed? Thank you for any info.

[capt KK]

Question on labor law.

 

our gm is questioning my evaluation for promotion.

 

Ive been in the company for almost 8 years. I work in a field that requires physical work, recently I noticed a pain in my back which leads me to do a medical checkup. Results shows that I acquired a medical condition due to " improper way of lifting " making my back hurts. The doctor says if I continue my work doing the same thing my medical condition will get worst. So..

 

I requested a lateral transfer to a different department at work that does not require physical work. An office work. I submitted the medical result together with the request for transfer. Request Approved.

 

Now im due for promotion and the GM says I cant be promoted because of my medical condition saying that im not fit to work.

 

Should I complain at DOLE first? What move should I do?

pls advise.

 

Pm me for reply.

 

Thanks

Edited November 30, 2014 by kantooot_kita

[rocco69]

the Bank Secrecy Law [RA1405]?

 

Good day Sir. I have a question regarding Extra Judicial Settlement. If I were to get a Certificate of Deposit from a Bank for BIR regarding my deceased father's SSS savings account, is it normal that the certificate is sealed even if I have the passbook of my father and they also let me signed as receive what I think is the same document inside the envelope? Why does it need to be sealed? Thank you for any info.

[Google]

Question on labor law.

 

our gm is questioning my evaluation for promotion.

 

Ive been in the company for almost 8 years. I work in a field that requires physical work, recently I noticed a pain in my back which leads me to do a medical checkup. Results shows that I acquired a medical condition due to " improper way of lifting " making my back hurts. The doctor says if I continue my work doing the same thing my medical condition will get worst. So..

 

I requested a lateral transfer to a different department at work that does not require physical work. An office work. I submitted the medical result together with the request for transfer. Request Approved.

 

Now im due for promotion and the GM says I cant be promoted because of my medical condition saying that im not fit to work.

 

Should I complain at DOLE first? What move should I do?

pls advise.

 

Pm me for reply.

 

Thanks

 

i am not a labor lawyer, but there should not be a hindrance to your promotion if you are to be promoted to your position wherein no carrying or lifting is done. after all you have been transfered, not terminated because of the acquired illness.

[capt KK]

Copy thanks.