legal Free Legal Advice

[pinpoint015]

UP would be the cheapest, it being a State University, baka sa P25T per sem, tatakbo na. Ang San Beda, dinig ko tumatakbo ng P60T, while Ateneo probably runs to P80 or 90T.

 

But first things first!

 

To take up Law, the Legal Education Board now requires you to take, and pass, the Philippine Law School Admission Test. See https://www.cem-inc.org.ph/philsat/

 

Then, the Big 3 doesn't just allow anyone to enrol, YOU ALSO HAVE TO PASS THEIR ENTRANCE EXAMS AS SLOTS ARE LIMITED. For UP, about 3,000 take the Law Aptitude Exam and only about 250 are accepted (your undergrad grades are considered; as well as the interview results). Mahirap pumasok sa UP, sobrang competitive.

 

Beda and Ateneo also have exams, which you have to pass (have heard apocryphal reports that you can get in if you are in with the priests at Beda or with the administrators of Ateneo, not really sure about the veracity of this reports, apocryphal nga eh.).

 

As an alternative, you can also apply with PUP College of Law. Being a State University, it also has very low rates, similar to UP. Marami ding nag-aapply , at may exam at interview din, pero di ganung kalupit ang competition to get in as with UP. Its passing rate is quite respectable.

 

MLQU is also relatively affordable, at around 45T. Contrast this with the P60T of other private law schools like San Sebastian, UST, etc. Its location is also convenient, just get off at MRT GMA Kamuning Station and you're there.

 

The cheapest would be Universidad de Manila College of Law. If you are a Manila resident, you get 50% off the rates. Given that it is a university run by the City of Manila, the rates, even without the discount is already very low. The location is central (pun intended: you just get off LRT Central Station). The downside is that it's a new law school, really not having established a reputation at this point.

 

Hope this helps.

 

Thanks for this.

 

Yeah I already know about the PhilSAT. And I am preparing starting this month for those Big 3 schools as getting accepted is already a feat. My back up schools are FEU and UST. I need to prepare for this na pala.

 

Thanks again!

[rocco69]

Hello po sir. I would like to ask for an advice. There's this family who are renting the house of my aunt. They were paying their rent on time before but before their contract expires, they seem to be having problems with the payment. After the lease contract expires, they refuse to leave the property and started paying the monthly rental on installment basis. At first, they were able to complete the whole month's rental payment but as time goes by, they weren't able to complete the payment. Right now, they haven't paid for four months already. She kept promising to pay but to no avail. I don't know what kind of upbringing the wife has but she refused to leave and she's challenging my aunt to sue them because she claims the litigation will last five years. Perhaps, they could live in the house for free during those 5 years. At the same time, the wife was giving the reason that she would like to get her money's worth because she claims she spent P100K to change the tiles of the toilets, to remodel the dirty kitchen and etc. She did all those "repairs" WITHOUT any permission from my aunt. Whenever my aunt would ask her to leave she would always use the excuse that she spent P100K already. Few weeks before meeting at the Baranggay she increased the amount to P150k.

 

My aunt went to a lawyer but she wasn't able to get further details hence I'm asking for advice here. The lawyer advise my aunt to go to the Baranggay first. I and my mom accompanied my aunt and the respondent is in her usual arrogant behavior. This time she claims that she spent P200k. The Baranggay mediator wasn't able to solve the problem because both parties are having shouting match. The respondent wants to stay until the end of July to get her money's worth but she's not going to pay the remaining 4 month's rent as well as June and July. So a total of 6 months rent. My aunt refuse so she challenge my aunt to sue instead.

 

After they left, the mediator said there will be another meeting or what he calls a "Lupon". The mediator said that the respondent is like a "palengkera" and told my aunt that the respondent will not win in court because it's her fault that she fixed many things inside the house without asking for permission. The aunt also deposited some of her checks but it bounced. The mediator also saw the receipts that the respondent allegedly spent and he was surprised that there was a P30k for a water closet or inidoro. Also, he said those receipts are not official receipt from a store and all of the receipts are of the same size and color which is too small to be a receipt.

 

My question is, does it really take 5 years for this kind of case whether if my aunt will sue for estafa or not? Can the lawyer of respondent kept asking for delay during the trial and is there a limit for such delaying tactic? According to the Baranggay, if the court approves for the house to be sheriff, the belongings will not be taken out of the house because the respondent still owes money, is that true? But if the Respondent knows that they will be sheriff they can move out without anybody knowing right? What other legal things can we do with regards to this kind of case?

 

Any advice will be greatly appreciated.

1. My question is, does it really take 5 years for this kind of case whether if my aunt will sue for estafa or not?

 

The case to get rid of them would be ejectment. While this is supposed to be summary (mabilis), the truth is medyo matagal din ang kasuhan, mga 1 - 2 years bago madesisyunan, tapos pwede pa iapela (although kung manalo kayo sa Metropolitan/Municipal Trial Court, kailangan nilang maghulog buwan buwan nung upa, otherwise layas na sila sa bahay kahit may apela sila).

 

Ang kagandahan dito, nag-issue sila ng cheke na tumalbog. Ito ay violation ng Batas Pambansa 22, at ito ay criminal case na may kulong. Yung ejectment, walang kulong, kaya pwede silang magtapang-tapangan. Pero, yung BP22 may kulong, kaya pwedeng-pwede niyong gamitin pang-leverage sa kanila, para sila lumayas, at kung matigas talaga ang ulo, para ipakulong yung nag-issue ng cheke.

 

 

2.Can the lawyer of respondent kept asking for delay during the trial and is there a limit for such delaying tactic?

 

Pwede. May ganyang taktika din sa paghahabla, pero dahil may abugado din naman kayo, alam din ng abugado ninyo paano ito kontrahin. At hindi naman pupwedeng i-delay nila forever ang kaso, di rin naman pumapayag ang huwes sa delay ng walang dahilan.

 

 

3. According to the Barangay, if the court approves for the house to be sheriff, the belongings will not be taken out of the house because the respondent still owes money, is that true?

 

To be sheriff (you probably mean, if you win, then the decision ejecting them from the premises will be implemented by the sheriff). If there is a money judgment, the sheriff usually just takes the money from their bank accounts. If they do not have money in banks, or the same is insufficient, the sheriff can take their property and sell it at public auction to satisfy the judgment.

 

 

4. But if the Respondent knows that they will be sheriff they can move out without anybody knowing right? What other legal things can we do with regards to this kind of case?

 

Yes, they can move out. But, as I said, the sheriff can go against their bank accounts (the sheriff writes letters to all the banks asking them that if the losers have accounts with that bank, for the bank to hold the contents of their accounts). You can also file a BP 22 case, as I said earlier. Since your aunt already has a lawyer, in all probability, he already told her all this.

[p4tr1ck]

hingi sana po ang advice kung anu dapat kong gawin, almost one month na hindi ko pa nakukuha ang final settlement ko sa shipping company ko.. mali mali ang computation nila, wala silang binigay phone number ng accounting, the only way na makokobtact sila is thru email, then nagmessage ako wala namang reply for the past 2 weeks.. saan po ako pwede humingi ng tulong? salamat sa sasagot

[rocco69]

hingi sana po ang advice kung anu dapat kong gawin, almost one month na hindi ko pa nakukuha ang final settlement ko sa shipping company ko.. mali mali ang computation nila, wala silang binigay phone number ng accounting, the only way na makokobtact sila is thru email, then nagmessage ako wala namang reply for the past 2 weeks.. saan po ako pwede humingi ng tulong? salamat sa sasagot

National Labor Relations Commission (NLRC) Banawe, Public Assistance Desk (PPSTA Bldg. near cor. Banawe-Quezon Ave)

Edited June 6, 2017 by rocco69

[rocco69]

Hello,

 

My wife is due on August and I just learned that my company doesn't provide paternity leave. Is there any legal action I could take to avail this benefit? Thanks.

http://www.philstar.com/metro/2016/09/08/1621584/dole-sets-24/7-hotline-workers

[wildswans]

1. My question is, does it really take 5 years for this kind of case whether if my aunt will sue for estafa or not?

 

The case to get rid of them would be ejectment. While this is supposed to be summary (mabilis), the truth is medyo matagal din ang kasuhan, mga 1 - 2 years bago madesisyunan, tapos pwede pa iapela (although kung manalo kayo sa Metropolitan/Municipal Trial Court, kailangan nilang maghulog buwan buwan nung upa, otherwise layas na sila sa bahay kahit may apela sila).

 

Ang kagandahan dito, nag-issue sila ng cheke na tumalbog. Ito ay violation ng Batas Pambansa 22, at ito ay criminal case na may kulong. Yung ejectment, walang kulong, kaya pwede silang magtapang-tapangan. Pero, yung BP22 may kulong, kaya pwedeng-pwede niyong gamitin pang-leverage sa kanila, para sila lumayas, at kung matigas talaga ang ulo, para ipakulong yung nag-issue ng cheke.

 

 

2.Can the lawyer of respondent kept asking for delay during the trial and is there a limit for such delaying tactic?

 

Pwede. May ganyang taktika din sa paghahabla, pero dahil may abugado din naman kayo, alam din ng abugado ninyo paano ito kontrahin. At hindi naman pupwedeng i-delay nila forever ang kaso, di rin naman pumapayag ang huwes sa delay ng walang dahilan.

 

 

3. According to the Barangay, if the court approves for the house to be sheriff, the belongings will not be taken out of the house because the respondent still owes money, is that true?

 

To be sheriff (you probably mean, if you win, then the decision ejecting them from the premises will be implemented by the sheriff). If there is a money judgment, the sheriff usually just takes the money from their bank accounts. If they do not have money in banks, or the same is insufficient, the sheriff can take their property and sell it at public auction to satisfy the judgment.

 

 

4. But if the Respondent knows that they will be sheriff they can move out without anybody knowing right? What other legal things can we do with regards to this kind of case?

 

Yes, they can move out. But, as I said, the sheriff can go against their bank accounts (the sheriff writes letters to all the banks asking them that if the losers have accounts with that bank, for the bank to hold the contents of their accounts). You can also file a BP 22 case, as I said earlier. Since your aunt already has a lawyer, in all probability, he already told her all this.

 

Thank you very much sir for the info. My aunt and the respondent faced the lupon this morning. The respondent accused my aunt of being greedy because she claimed my aunt wants her out of the house just because she already fix the house. But in reality, my aunt wants her out of the house because 3 to 4 months before the contract expires, she was paying the rent in installment. Sometimes the respondent would promised to pay next week but always fail to keep her promise. My aunt had to be the one calling her for the rental payment. So my aunt decided to let her go after the contract expires since she's already 78 and doesn't want to constantly remind the lessee each time the rent is due. After the lupon ask about their contract and to point out to the respondent that there's a clause where it is clearly written that she cannot fix anything inside the house without permission. At the point, the respondent got furious and stood up and accuses the lupon to be siding with my aunt and then she told the lupon that she wants my aunt to sue and doesn't want to see my aunt again in the baranggay hall then she walks out. The members of the lupon were telling her to stay and to respect them since the proceedings is not yet over but it fell on deaf ear. They were surprised because they said they have never encountered someone as arrogant as the respondent during a hearing. They all felt that the respondent is a professional scammer because she's looking forward to be sued so that she can live for free while the case is on going. The lupon will make a final summon next week before issuing a certificate for my aunt to sue. Frankly, since my aunt has the money, I would prefer that she sue the bastard for treating her disrespectfully and for taking advantage of her kindness but more importantly it's not her fault. However, the members of the lupon are encouraging her to just sacrifice the 6 months rent and let the respondent live until July 30 because that's the condition of the respondent - to live until July 30 para sulitin gastos niya. Because according to the lupon, the respondent might do something bad to her house plus if the litigation last for years then it would be lost income. Of course I don't agree but then it's my aunt property and money so she has to decide.

 

So I have one more question. Is it true that while the case is on going, the respondent don't have to pay rent and will be living for free?

[rocco69]

 

Thank you very much sir for the info. My aunt and the respondent faced the lupon this morning. The respondent accused my aunt of being greedy because she claimed my aunt wants her out of the house just because she already fix the house. But in reality, my aunt wants her out of the house because 3 to 4 months before the contract expires, she was paying the rent in installment. Sometimes the respondent would promised to pay next week but always fail to keep her promise. My aunt had to be the one calling her for the rental payment. So my aunt decided to let her go after the contract expires since she's already 78 and doesn't want to constantly remind the lessee each time the rent is due. After the lupon ask about their contract and to point out to the respondent that there's a clause where it is clearly written that she cannot fix anything inside the house without permission. At the point, the respondent got furious and stood up and accuses the lupon to be siding with my aunt and then she told the lupon that she wants my aunt to sue and doesn't want to see my aunt again in the baranggay hall then she walks out. The members of the lupon were telling her to stay and to respect them since the proceedings is not yet over but it fell on deaf ear. They were surprised because they said they have never encountered someone as arrogant as the respondent during a hearing. They all felt that the respondent is a professional scammer because she's looking forward to be sued so that she can live for free while the case is on going. The lupon will make a final summon next week before issuing a certificate for my aunt to sue. Frankly, since my aunt has the money, I would prefer that she sue the bastard for treating her disrespectfully and for taking advantage of her kindness but more importantly it's not her fault. However, the members of the lupon are encouraging her to just sacrifice the 6 months rent and let the respondent live until July 30 because that's the condition of the respondent - to live until July 30 para sulitin gastos niya. Because according to the lupon, the respondent might do something bad to her house plus if the litigation last for years then it would be lost income. Of course I don't agree but then it's my aunt property and money so she has to decide.

 

So I have one more question. Is it true that while the case is on going, the respondent don't have to pay rent and will be living for free?

1. So I have one more question. Is it true that while the case is on going, the respondent don't have to pay rent and will be living for free?

 

Kung kinasuhan nga naman ako ng may-ari, di na ako magbabayad. Alalahanin mo, hanggang walang court order, di mo pwedeng pwersahang palayasin sa bahay yung umuupa (unless may clause sa Lease Contract na you can take possession of the place without permission from the lessee).

 

But the Decision of the Court will order them to pay the rentals they have not paid, PLUS pay for the period they used the house after the lease expires and until they actually leave the premises. So, in theory, mababawi mo lahat ng hindi nila nabayaran (in theory, kasi minsan, yung umuupa, wala namang perang pambayad, kahit anong piga mo, kung walang pera talaga, wala kang makukuha, kahit pa utos na ng korte).Pero, kung may pera yan, mababawi mo yun. But ultimately, utang lang nila sa tiyahin mo yun.

 

Kaya nga maganda na nag-issue sila ng cheke na tumalbog. Walang nakukulong sa utang; sa tumalbog na cheke MERON. Patalbugin na lahat ng cheke na inissue nila. Tapos, ihabla sa cheke tumalbog, ISANG CHEKE, ISANG KASO! para talagang makukulong (sabi kasi ng Supreme Court, pag unang conviction ng BP 22, dapat fine lang. Ibig sabihin, sa pangalawang sentensya, di na fine, kundi preso na talaga! Tapos, kung maraming cheke, eh di siguradong walang parole, at repeat offender siya, hindi nagbabago at nagrereporma!

Edited June 9, 2017 by rocco69

[wildswans]

1. So I have one more question. Is it true that while the case is on going, the respondent don't have to pay rent and will be living for free?

 

Kung kinasuhan nga naman ako ng may-ari, di na ako magbabayad. Alalahanin mo, hanggang walang court order, di mo pwedeng pwersahang palayasin sa bahay yung umuupa (unless may clause sa Lease Contract na you can take possession of the place without permission from the lessee).

 

But the Decision of the Court will order them to pay the rentals they have not paid, PLUS pay for the period they used the house after the lease expires and until they actually leave the premises. So, in theory, mababawi mo lahat ng hindi nila nabayaran (in theory, kasi minsan, yung umuupa, wala namang perang pambayad, kahit anong piga mo, kung walang pera talaga, wala kang makukuha, kahit pa utos na ng korte).Pero, kung may pera yan, mababawi mo yun. But ultimately, utang lang nila sa tiyahin mo yun.

 

Kaya nga maganda na nag-issue sila ng cheke na tumalbog. Walang nakukulong sa utang; sa tumalbog na cheke MERON. Patalbugin na lahat ng cheke na inissue nila. Tapos, ihabla sa cheke tumalbog, ISANG CHEKE, ISANG KASO! para talagang makukulong (sabi kasi ng Supreme Court, pag unang conviction ng BP 22, dapat fine lang. Ibig sabihin, sa pangalawang sentensya, di na fine, kundi preso na talaga! Tapos, kung maraming cheke, eh di siguradong walang parole, at repeat offender siya, hindi nagbabago at nagrereporma!

Thank you sir!

[kanos]

I have a live in partner who i think is now taking illegal drugs and we have a son. I want to kick her out of my place but she is saying that she has the right to our. What can i do about this?

[kanos]

I have a live in partner who i think is now taking illegal drugs and we have a son. I want to kick her out of my place but she is saying that she has the right to our. What can i do about this?

[rocco69]

I have a live in partner who i think is now taking illegal drugs and we have a son. I want to kick her out of my place but she is saying that she has the right to our. What can i do about this?

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

[kanos]

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

[kanos]

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

[kanos]

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

[Jasonkidd]

Question. Is there any way we could file a formal complaint against cebupacific? The story is like this. We booked a ticket on their website on april 14. During the payment page, an error occurred and it says thag the booking did not push through. So we called their hotline and verified that it indeed did not pushed through, and we received an email for the ticket (only 1 iterinary was received). Booked it with their hotline. Come our billing statement, we were charged twice. So we called their hotline and they confirmed that there is a double booking. Requested for refund and they told me to call after 24-48 hours. Called them after 2 days same response. Tried calling them around 6 times and same response. Then I asked if there is another way for it is taking too long and wasting my time. They told me email their customer care which i did. After 2 days they replied that they would not make the refund because both booking was used. And also said that most probably the one who used the other booking fabricated a fake id. And that they checked in online, and the other checked in via kiosks. My reply was I only received one iterinary and i dont have any knowledge for the other one, so it is impossible for us to give the details to other people. And called their customer service and verified how the passengers checked in, they told me one is thru kiosk, and the other one over the counter. Now I kept sending email to cebupacific and even messaged their facebook but to no avail. They won't even reply. We consumers feel so helpless against these giant companies. If we are a gov't officials for sure they will apologize and admit their mistakes.

[rocco69]

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

Since the condo is just being rented, she has no right to it. And since you are not married to each other, as I said earlier, you can always separate from one another at any time. Accordingly, you can always end the relationship at any time, to include preventing her from living in the place where you live.

 

As to your son, if he is less than seven years old, the law prefers to give custody to the mother UNLESS there is a compelling reason to award custody to the father. Thus, if your child is below seven, custody will probably be awarded to the mother, rather than to you.

 

However, since you say that you suspect her of taking illegal drugs, if you can produce definite proof that she is taking illegal drugs, that could be THE COMPELLING REASON for the court to award custody to you, as the child's welfare and well-being will not be served if his custody is awarded to a drug dependent.

 

More, if you forcibly take your son away from the mother, you open yourself to charges of violating the Violence Against Women and Children Act (RA9262), as this could be made to appear as psychological violence, With definite proof that the mother is taking drugs, you can make it appear that you are taking the child away for the latter's safety.

[rocco69]

hello to all the good lawyers here,

 

can i just ask advise here

 

the story goes like this, i parked in a particular parking lot in metro manila, he parking lot has the following services, parking, valet parking and carwash services, so i parked there for 3 hours when i came back, my car was struck by another car, the other car was driven by one of the parking lot's personnel.

 

i have made my claims for the damages but they would not cooperate,

 

what cases can i file i court? yun medyo mabigat for them to have 2nd thoughts na mangago na lng ng tao,

 

i am not rich, i worked hard for the car (kahit luma na) i worked hard for it not for me but for my family

 

so guys plese help or send me a PM if you have some advise.

 

 

TIA

Truth is, civil case for damages ang pwede mo i-file against the car park. Yung mabigat ay criminal case, AGAINST THE DRIVER! Na mas malamang sa hindi, wala ding pera. More, ang makukulong, yung driver, di yung car park.

 

Perwisyo pa sa iyo ang magfile ng case at pupunta-punta ka pa sa court. Yan ang inaasahan ng car park kaya nakikipagmatigasan sa iyo.

 

Kung di aabot sa P200T, sa small claims court lang naman yan, mabilis din (relatively speaking), at di mo na kailangan ng lawyer.

 

Baka pwede ka rin magcomplain sa Consumer Desk ng DTI (not sure kung covered ang parking services, pero malay mo).

DTI Direct

Hotline: (+632) 751.3330

[atty. 190e]

 

Truth is, civil case for damages ang pwede mo i-file against the car park. Yung mabigat ay criminal case, AGAINST THE DRIVER! Na mas malamang sa hindi, wala ding pera. More, ang makukulong, yung driver, di yung car park.

 

Perwisyo pa sa iyo ang magfile ng case at pupunta-punta ka pa sa court. Yan ang inaasahan ng car park kaya nakikipagmatigasan sa iyo.

 

Kung di aabot sa P200T, sa small claims court lang naman yan, mabilis din (relatively speaking), at di mo na kailangan ng lawyer.

 

Baka pwede ka rin magcomplain sa Consumer Desk ng DTI (not sure kung covered ang parking services, pero malay mo).

DTI Direct

Hotline: (+632) 751.3330

 

 

This is your best bet. DTI + Small Claims Court. make sure your claim will not exceed 200k.

 

Another way of forcing them to settle is asking help from media.

[pinpoint015]

Hey guys. Need help, again. So here's the story.

 

My family has a business, a funeral parlor that is around for 62 years na. It changed hands from my lolo, then to one of my uncles, then to another uncle. Business was doing great before. Then when the second uncle handled the business, it slowly declined. It is now to the point that it's barely operating. The business had an expired business license and haven't been renewed for a couple of years now. Here's what I know about the business.

 

1. Started by my lolo from my mother's side 62 years ago

2. My mom has 5 brothers and a sister, 3 of whom are dead, including my mom.

3. Sometime between 2000-2010, they converted it into a corporation.

4. Last registered owner is my uncle, 5th child.

 

So our plan is for me to register the funeral home as mine, sole proprietor. I have the support of the youngest sister of my mom, and the widow of my 3rd uncle. Will we able to register this as our business or are there any legal loop holes we can exploit, or can be exploited by my other uncle?

 

Thanks!

[rocco69]

Hey guys. Need help, again. So here's the story.

 

My family has a business, a funeral parlor that is around for 62 years na. It changed hands from my lolo, then to one of my uncles, then to another uncle. Business was doing great before. Then when the second uncle handled the business, it slowly declined. It is now to the point that it's barely operating. The business had an expired business license and haven't been renewed for a couple of years now. Here's what I know about the business.

 

1. Started by my lolo from my mother's side 62 years ago

2. My mom has 5 brothers and a sister, 3 of whom are dead, including my mom.

3. Sometime between 2000-2010, they converted it into a corporation.

4. Last registered owner is my uncle, 5th child.

 

So our plan is for me to register the funeral home as mine, sole proprietor. I have the support of the youngest sister of my mom, and the widow of my 3rd uncle. Will we able to register this as our business or are there any legal loop holes we can exploit, or can be exploited by my other uncle?

 

Thanks!

if it is a corporation, look into the corporate structure first (who are the stockholders and the members of the Board etc).

 

before you can claim the business, you have to own stock in the corporation. which will require stockholder/s transferring shares to you. Hence, the need to know who are the stockholders.

[pinpoint015]

if it is a corporation, look into the corporate structure first (who are the stockholders and the members of the Board etc).

 

before you can claim the business, you have to own stock in the corporation. which will require stockholder/s transferring shares to you. Hence, the need to know who are the stockholders.

 

The stockholders would be the siblings of my mom and/or their widows. Can we do the transferring without notifying the other stockholders? And can we do it if the corporation's necessary permits and/or licenses were already expired.

 

And if it's not a corporation anymore, what would be the process?

[MP5K]

Hey guys. Need help, again. So here's the story.

 

My family has a business, a funeral parlor that is around for 62 years na. It changed hands from my lolo, then to one of my uncles, then to another uncle. Business was doing great before. Then when the second uncle handled the business, it slowly declined. It is now to the point that it's barely operating. The business had an expired business license and haven't been renewed for a couple of years now. Here's what I know about the business.

 

1. Started by my lolo from my mother's side 62 years ago

2. My mom has 5 brothers and a sister, 3 of whom are dead, including my mom.

3. Sometime between 2000-2010, they converted it into a corporation.

4. Last registered owner is my uncle, 5th child.

 

So our plan is for me to register the funeral home as mine, sole proprietor. I have the support of the youngest sister of my mom, and the widow of my 3rd uncle. Will we able to register this as our business or are there any legal loop holes we can exploit, or can be exploited by my other uncle?

 

Thanks!

 

 

if it is a corporation, look into the corporate structure first (who are the stockholders and the members of the Board etc).

 

before you can claim the business, you have to own stock in the corporation. which will require stockholder/s transferring shares to you. Hence, the need to know who are the stockholders.

 

 

 

The stockholders would be the siblings of my mom and/or their widows. Can we do the transferring without notifying the other stockholders? And can we do it if the corporation's necessary permits and/or licenses were already expired.

 

And if it's not a corporation anymore, what would be the process?

 

No you cant tranfer without notifying the others. Follow rocco69's advice and check who are the stockholders of the corp. You said the funeral parlor biz was made into a corporation. The corp will have to sell you the business. and obviously you have to pay for it right?

There are a lot of details that are needed, and processes you need to go thru.

 

Go to the SEC to check who are the stockholders and board of directors of the corp.

[pinpoint015]

 

 

 

 

 

No you cant tranfer without notifying the others. Follow rocco69's advice and check who are the stockholders of the corp. You said the funeral parlor biz was made into a corporation. The corp will have to sell you the business. and obviously you have to pay for it right?

There are a lot of details that are needed, and processes you need to go thru.

 

Go to the SEC to check who are the stockholders and board of directors of the corp.

 

Hi Sir! Thank you for your advice. I tried searching for the corporation's name through the SEC i-Register and found it. Will drop by at SEC to check the records. I don't have the pass yet to view the info eh. Will just post here again once I have more details. Thank you once again Messrs.

[rocco69]

 

The stockholders would be the siblings of my mom and/or their widows. Can we do the transferring without notifying the other stockholders? And can we do it if the corporation's necessary permits and/or licenses were already expired.

 

And if it's not a corporation anymore, what would be the process?

transfer of the shares would either be by sale or donation. However, if the shareholder is already dead, the widow (and children) have to settle the estate of the deceased first.

 

Can we do the transferring without notifying the other stockholders?

 

yes, but the transfers have to be registered in the books of the company.

 

 

And if it's not a corporation anymore, what would be the process?

 

find out first what happened. without knowing what happened to the corporation, we do not know who now owns the assets of the corporation, as well as who has the authority to dispose of these assets.

[99PercentCaffeine]

Good day.

 

I am looking for legal advice regarding Buyers Remorse (on Services NOT Goods)

 

 

Party A contracted Party B to run a Social Media and Online Visibility Campaign for 60 days. Total contract price was 36,000. Party B was paid an initial payment of Php19,000. The agreement was that 36,000 will be paid in full, but Party B decided to allow a staggered payment plan to help out Party A. Two weeks after, Party B reneged on the agreement, wanting to cancel the entire campaign and asking for a refund. The reason behind the decision was that they decided they no longer needed/wanted it. Party A is asking for a refund. What does the law say about Buyers Remorse on Services.

 

Thank you.