legal Free Legal Advice

[Waterbearer]

Mga Sirs,

 

I have a girl friend who got married to a Japanese in Manila for the purpose of getting a spouse visa going to Japan.

 

The Japanese was paid a fee, so there was no sex and no actual living together. She went to Japan with a Philippine passport

 

carrying the surname of the Japanese national.

 

She had since came back to the Philippines and was wondering whether she can change her passport back to her maiden name

 

without the Japanese surname.

 

Please advise.

 

Thanks a lot in advance.

Legally you can't....binding ang kasal ninyo e....pero pwede mo ipa-annul.......

Edited August 17, 2006 by Waterbearer

[Dr_PepPeR]

question lang mga bros., yung brother ko seaman, kakabalik lang. medyo naiinis kasi nung natanggap sya ng isang manning agency dito, yung manning agency nya pinapirma sya ng cash advance wala naman syang inadvance, tapos dini deduct sa monthly allotment nya. yun pala cover up lang yon for miscellaneous fees. e bawal pala na magkaroon kahit anong fee na sinisingil ang manning agency. d na nakapalag utol ko kc di sya makaka alis kung di nya pinirmahan. anyway balak nyang mag file ng illegal recruitment kasi parang policy na pala yon nung walanghiyang manning agency, yung pilit kang papipirmahin ng cash advance kahit wala ka namang inadvance, bago ka umalis. anyway marami silang gustong mag file 10-20 yata and sigurado na, so parang large scale. kaya lang daw nung nagtanong sila sa lawyer, wala daw ebidensya baka di mag prosper sa fiscal. kc nga naman puro cash advance forms ang pinapirmahan sa kanila. pano ba madadale yung lintek na manning agency na yon given the set of circumstances above. pwede na ba yung statements lang nila. di ba highly suspect na ang cash advances nila e puro dollars. tulong naman mga tol. thanks..

 

 

The best thing you could do is to sought help Kay "Isumbong mo kay Mon Tulfo" o di kaya yung "XXX" sa ABS-CBN.....sila ang magsesetup ng bait on cam tapos tutulungan ka nila makipagcoordinate sa mga respective agencies para mapabilis masolve ang problema ninyo......handa ka lang ng pera...... :evil:

 

Actually the proper government agency for this is the Philippine Overseas Employment Administration. That is, if the Agency has registered with this office. All manning agencies are required to put up an escrow deposit of P1,000,000.00 for damages incurred by contractual workers who have been defrauded. Any amounts due to you and your co-contractuals will come primarily from this escrow fund. So you might want to try this avenue also aside from the media, who tend to select people to help depending on their impact on viewers.

Edited August 16, 2006 by Dr_PepPeR

[Waterbearer]

Actually the proper government agency for this is the Philippine Overseas Employment Administration. That is, if the Agency has registered with this office. All manning agencies are required to put up an escrow deposit of P1,000,000.00 for damages incurred by contractual workers who have been defrauded. Any amounts due to you and your co-contractuals will come primarily from this escrow fund. So you might want to try this avenue also aside from the media, who tend to select people to help depending on their impact on viewers.

PWEDE! :boo: although pag ordinaryong tao ka lang na pupunta sa POEA, may tendency kasi na matagalan ang aksyon.....who knows baka may insider sila sa loob...

[wjc-934]

mga pre, need help..

 

a friend gave me an intel P4 1.7 processor, 2pcs 256mb DDR400.

the problem is, ano motherboard na gagamitin ko para dito? i know that its a socket 478, pero may epecific board ba para dito?

thanks in advance...

[fatso8]

Good PM.

 

Commish AJB & other legal eagles...

 

eto case ng bro ko:

 

Ms. X is separated from her husband for about 2 yrs now. She now lives with her 2 kids. She supports her kids on her own. For 2 years, there's no communication between the couple (no text, call,nor mail). The father didn't send a single cent to support his kids nor did he visit them for 2 yrs.

 

My brother is now involved with Ms. X, i believe their relationship started ~8mos ago... Her husband is now demanding the custody of their kids citing immorality on the part of Ms. X... She knows her husband is involved with another woman but she has no proof. Her husband tells her that he has proof of her immorality.

 

Both of them have stable jobs. No annulment case nor legal separation case was filed.

 

Questions:

1. is my brother guilty of adultery? He admitted that they had intercourse once. will he go to jail?!

 

2. regarding the custody of the kids, who shall the court favor?

 

3. can we consider abandonment?

 

thanks.

Edited August 16, 2006 by fatso8

[federicuger]

Unless you can prove psychological incapacity exists at the time of the celebration of marriage....meaning she had the indications of commiting fraud on you....I can't see how you can make the marriage void.....Pwede kasing ground yung kapag either party causes harm, dishonor, injury to each other or to the family but it is imperative that such psychologicial disorder existed at the time of solemnization.

 

misrepresentation or deceit as to character, health, rank, fortune or chastity do not constitute fraud as ground for annulment either.

 

Para malaman mo naman kung may lalake ang asawa mo e pwes....maghire ka ng imbestigador....patunayan mo tapos pakulong mo :boo:

 

Pwede siguro yung ground na physically incapable of engaging in sexual intercourse and such incapacity continues and appears to be incurable. You can file the Petition within five (5) years after marriage. nyahahahaha :boo:

 

 

 

hello,

 

ang probema ko now ay pwede nyang gamitin yung surname ko kahit hiwalay na kami, pwede nyang gamitin ito sa passport, etc...

 

paano ba gagawin ko para sa record ko sa census ay mabalik sa single? kasi di naman kami kasal sa simbahan sa huwes lang.

 

paano ba yang legal na separation?

[Dr_PepPeR]

='federicuger' post='3671209' date='Aug 17 2006, 01:16 AM']

hello,

 

ang probema ko now ay pwede nyang gamitin yung surname ko kahit hiwalay na kami, pwede nyang gamitin ito sa passport, etc...

 

If it is just a separation in fact, of course she can use your surname. You are still legally married.

 

paano ba gagawin ko para sa record ko sa census ay mabalik sa single? kasi di naman kami kasal sa simbahan sa huwes lang.

 

Church or civil wedding, the effect is the same, you are still married. Solution is to get an annulment.

 

paano ba yang legal na separation?

 

 

Legal separation involves separation of property. But the marriage still exists.

Edited August 16, 2006 by Dr_PepPeR

[silvercross0816]

Good PM.

 

Commish AJB & other legal eagles...

 

eto case ng bro ko:

 

Ms. X is separated from her husband for about 2 yrs now. She now lives with her 2 kids. She supports her kids on her own. For 2 years, there's no communication between the couple (no text, call,nor mail). The father didn't send a single cent to support his kids nor did he visit them for 2 yrs.

 

My brother is now involved with Ms. X, i believe their relationship started ~8mos ago... Her husband is now demanding the custody of their kids citing immorality on the part of Ms. X... She knows her husband is involved with another woman but she has no proof. Her husband tells her that he has proof of her immorality.

 

Both of them have stable jobs. No annulment case nor legal separation case was filed.

 

Questions:

1. is my brother guilty of adultery? He admitted that they had intercourse once. will he go to jail?!

 

2. regarding the custody of the kids, who shall the court favor?

 

3. can we consider abandonment?

 

thanks.

 

 

Hey there bro, lemme give you a piece of advice for your bro.

1. yes, your brother is committing adultery - but he aint guilty yet, at least without a conviction. He has knowledge kasi of Ms. X being married. One intercourse is therefore one count. It doesnt need many, ika nga mahaba-habang kulungan - mag san mig light lang muna. lie low for a while kamo until the legal issues are threshed.

 

2. as for the custody of kids, it would help if the kids are below 12 years old, the presumption kasi is that at that age, they would require the care of a mother. but that is just a presumption.

 

3. I dont understand the thrid question. But id this involves getting money for support of the kids, you can file a petition in the family court of your city or municipality.

 

Hope this helps.

[blueboy]

check these out:

 

Asus P4V8X-MX VP4X533 (Php 2500.00+)

ECS P4M800M (Php 2200.00+)

 

 

i-google mo na lang specs pre

[Waterbearer]

mga sir follow up lang po, yung RA 8484 defrauding of creditors. with regards to the unpaid credit card. exam week kasi kaya ndi ako makakausap ng lawyer, probably next week pa ko punta lawyer. medyo naguguluhan lang po ako kasi it can be a criminal case against me.

 

thanks po.

 

Ang RA 8484 ay batas na nagpaparusa sa mga taong gumagamit ng "access device" tulad ng plastic credit card, credit memo, etc.,etc., na pineke or fraudulently obtained or made, upang magkaroon ng pera, o serbisyo mula sa ibang tao. Kaya iyong kinunan ng pera/serebisyo ay puwedeng maghabla kung ang RA 8484, na isang penal law, ay nalabag mo. Sa ilalim ng lahat ng ating batas, lahat ng tao ay may karapatang magdemanda. Pero patunayan ito, ay ibang usapan.

 

Basta tatandaan mo na sa ating Constitution walang nakukulong sa utang, basta walang kasamang panloloko.

 

Magkaganoon man, may obligasyon kang magbayad ng iyong utang ayon sa iyong kakayahan at hindi mo pwedeng sabihing wala kang kakayahang magbayad, dahil lalabas na panloloko ito. Pag kumain ka sa restorant, at hindi ka nagbayad, estafa ang kaso mo. Kumuha ka ng merchandise o serbisyo through your credit card, dapat lang na magbayad ka. Kaya hanggat maari, makipag-ayos ka diretso sa ngbigay ng credit card sa iyo. Bayaran mo kahit unit-unti sa paraang dati mo ng ginagawa.

 

Peace.

Edited August 17, 2006 by Waterbearer

[SonBorj]

Need some help..

 

Everytime I startup windows theres a common folder that opens ;

coming from C:\Program Files\common

The file inside is VsoVprev.ax

But when I delete it nothing happens..

So I delete the common folder in

C:\Program Files\common..

Then all of a sudden my anti spyware detects sudden registry changes

 

This was a result of me uninstalling a program called Vso ConvertXToDVD and Blindwrite

 

 

you just can't delete any files if you plan to uninstall some software.

 

if you know how to do a registry edit then you should do so and look under HKLM (HKEY LOCAL MACHINE) , then find the software you uninstalled. delete the registry that has been left by the program you just uninstalled.

[junnp]

Here's a little challenge to our computer guru's...

 

Has anyone ever used a tool that check and restores windows protected dll's? To cut it short, windows was shutdown before it finished restoring the dll's. After starting windows, everything seems to be fine except that some tab fonts have become arabic and some windows are mirrored from right to left.

 

Regional and Language Options normally solves the language problem but doesnt work since the language was still in English.

 

Maybe anyone would have a good guess how to revert this thing back...

[simple_denise]

Ang RA 8484 ay batas na nagpaparusa sa mga taong gumagamit ng "access device" tulad ng plastic credit card, credit memo, etc.,etc., na pineke or fraudulently obtained or made, upang magkaroon ng pera, o serbisyo mula sa ibang tao. Kaya iyong kinunan ng pera/serebisyo ay puwedeng maghabla kung ang RA 8484, na isang penal law, ay nalabag mo. Sa ilalim ng lahat ng ating batas, lahat ng tao ay may karapatang magdemanda. Pero patunayan ito, ay ibang usapan.

 

Basta tatandaan mo na sa ating Constitution walang nakukulong sa utang, basta walang kasamang panloloko.

 

Magkaganoon man, may obligasyon kang magbayad ng iyong utang ayon sa iyong kakayahan at hindi mo pwedeng sabihing wala kang kakayahang magbayad, dahil lalabas na panloloko ito. Pag kumain ka sa restorant, at hindi ka nagbayad, estafa ang kaso mo. Kumuha ka ng merchandise o serbisyo through your credit card, dapat lang na magbayad ka. Kaya hanggat maari, makipag-ayos ka diretso sa ngbigay ng credit card sa iyo. Bayaran mo kahit unit-unti sa paraang dati mo ng ginagawa.

 

Peace.

 

 

Follow-up question po:

I have a friend na may utang din sa credit card nya. Ngaun he received a demand letter from a law office, may kasama nang complaint letter na ipa-file sa court, pero di pa napa-file, sort of sample complaint letter.

 

Does it mean the bank will pursue to file the civil/criminal case sa friend ko? Or it's another way para takutin lang sya?

 

Yung law firm/collector ng bank instruct her to pay this certain amount monthly kaso di nya kaya, he's telling them na yung kaya nya lang i-provide na amount as of the moment, kaso ayaw pumayag ng collector/law firm. Wala naman balak takbuhan ng friend ko ang obligations nya kaso lang may financial problem lang talaga sya.

 

So papano ba yun? Do they have the right na mag-demand ng certain amount to be pay? Or pwede kaya yung kaya nya lang? Pano kung i-insist parin ng collector/law firm na yung ang amount dapat?

 

Thanks!

[fatso8]

Hey there bro, lemme give you a piece of advice for your bro.

1. yes, your brother is committing adultery - but he aint guilty yet, at least without a conviction. He has knowledge kasi of Ms. X being married. One intercourse is therefore one count. It doesnt need many, ika nga mahaba-habang kulungan - mag san mig light lang muna. lie low for a while kamo until the legal issues are threshed.

 

2. as for the custody of kids, it would help if the kids are below 12 years old, the presumption kasi is that at that age, they would require the care of a mother. but that is just a presumption.

 

3. I dont understand the thrid question. But id this involves getting money for support of the kids, you can file a petition in the family court of your city or municipality.

 

Hope this helps.

thanks..

 

her kids are aged 4 & 2yo.

 

the 3rd question was:

CAN Ms. X file a case of abandonment? Since 2 years na walang communication/paternal visits.

[_Pabling]

['wjc-934' date=Aug 16 2006, 08:48 PM' post='3670364]

mga pre, need help..

a friend gave me an intel P4 1.7 processor, 2pcs 256mb DDR400.

the problem is, ano motherboard na gagamitin ko para dito? i know that its a socket 478, pero may epecific board ba para dito?

thanks in advance...

 

['blueboy' date=Aug 17 2006, 09:59 AM' post='3672055]

check these out:

 

Asus P4V8X-MX VP4X533 (Php 2500.00+)

ECS P4M800M (Php 2200.00+)

i-google mo na lang specs pre

 

i'd go for MSI or ASUS... same with what blueboy here suggested.

 

Here's a little challenge to our computer guru's...

 

Has anyone ever used a tool that check and restores windows protected dll's? To cut it short, windows was shutdown before it finished restoring the dll's. After starting windows, everything seems to be fine except that some tab fonts have become arabic and some windows are mirrored from right to left.

 

Regional and Language Options normally solves the language problem but doesnt work since the language was still in English.

 

Maybe anyone would have a good guess how to revert this thing back...

 

have you tried system restore? kung ayaw check mo kung makukuha ng CHKDSK /R

 

HTH

[Waterbearer]

Follow-up question po:

I have a friend na may utang din sa credit card nya. Ngaun he received a demand letter from a law office, may kasama nang complaint letter na ipa-file sa court, pero di pa napa-file, sort of sample complaint letter.

 

Does it mean the bank will pursue to file the civil/criminal case sa friend ko? Or it's another way para takutin lang sya?

 

Yung law firm/collector ng bank instruct her to pay this certain amount monthly kaso di nya kaya, he's telling them na yung kaya nya lang i-provide na amount as of the moment, kaso ayaw pumayag ng collector/law firm. Wala naman balak takbuhan ng friend ko ang obligations nya kaso lang may financial problem lang talaga sya.

 

So papano ba yun? Do they have the right na mag-demand ng certain amount to be pay? Or pwede kaya yung kaya nya lang? Pano kung i-insist parin ng collector/law firm na yung ang amount dapat?

 

Thanks!

Yes, they have the intent to pursue the case because your friend incurred a civil liability. Believe you me, they're not scaring you......sending the debtor a letter of demand is a requirement before the bank and not the law firm can file the case in court.....then again, i have friends who receive these things on a regular basis and they don't feel worried at all....and surprisingly, theyve survived long enough to receive another demand letter.

 

They have the right to demand for the amount due because whatever charges and add-ons must be based on the contract your friend signed during application. And besides your friend is given a monthly SOA so technically, he knows whats coming to him.

 

I suggest you talk with the bank (because its the creditor who will file the case in court) .....maybe just maybe they could help your friend sort things out.

 

Hope this helps.

Edited August 18, 2006 by Waterbearer

[simple_denise]

Yes, they have the intent to pursue the case because your friend incurred a civil liability. Believe you me, they're not scaring you......sending the debtor a letter of demand is a requirement before the bank and not the law firm can file the case in court.....then again, i have friends who receive this things on a regular basis and they don't feel worried at all....and surprisingly, theyve survived long enough to receive another demand letter.

 

They have the right to demand for the amount due because whatever charges and add-ons must be based on the contract your friend signed during application. And besides your friend is given a monthly SOA so technically, he knows whats coming to him.

 

I suggest you talk with the bank (because its the creditor who will file the case in court) .....maybe just maybe they could help your friend sort things out.

 

Hope this helps.

 

 

Thanks waterbearer for the response.

 

Actually, the bank would not like to negotiate anymore with him, they refer my friend to talk to the law firm who will collect the payment. My friend is so worried right now, because of the complaint letter he received, though it's not yet been file in the court it's only a sample letter to be file.

[Waterbearer]

thanks..

 

her kids are aged 4 & 2yo.

 

the 3rd question was:

CAN Ms. X file a case of abandonment? Since 2 years na walang communication/paternal visits.

Hope this helps.

 

Abandonment is not a separate action in court. It is only a ground for legal separation. Furthermore, the success of this action will not guarantee custody over the child. Custody over children below 7 years of age is usually awarded to the mother, unless the Courts see compelling reasons to rule otherwise.

 

A petition for legal separation may be filed only by the husband or the wife, as the case may be, within five years from the time of the occurrence of Abandonment of petitioner by respondent without justifiable cause for more than one year.

 

What is Abandoned Child? One who has no proper care or guardianship.

One whose parents or guardians have deserted him for a period of at least six continuous months.

 

What is Abandonment? The act by which a thing is voluntarily renounced constitutes an abandonment.

Edited August 18, 2006 by Waterbearer

[babee_gurl]

Hello,

 

 

Is it possible that i can upgrade my pc with a budget of 5k? Kasi mabagal na yung pc ko when i play command and conquer: general then aside from that my winap is playing

[Aaaa100000]

Hello,

Is it possible that i can upgrade my pc with a budget of 5k? Kasi mabagal na yung pc ko when i play command and conquer: general then aside from that my winap is playing

 

mam... ang dapat nyo pong i-upgarde ay yung memory po ng pc ninyo..

5k for a new/ 2d hand memory are enough!

[Dr_PepPeR]

Thanks waterbearer for the response.

 

Actually, the bank would not like to negotiate anymore with him, they refer my friend to talk to the law firm who will collect the payment. My friend is so worried right now, because of the complaint letter he received, though it's not yet been file in the court it's only a sample letter to be file.

 

Yes, the usual practice is once the folder is turned over to a law firm or collection agent, then control of that account passes to the law firm or collector. These guys get 25% or higher of whatever amount is collected so they go after accounts with the higher probability of collection/settlement. The smaller ones or the ones that look doubtful for collection they simply ignore.

[mc!!!!!]

Mga sirs,

 

My friend's wallet was stolen from our office. It was after 2 hours that she discovered that her wallet was stolen. The thieves were able to use all her credit cards amounting to 65k. How can we dispute the transactions. Can Anybody help us with the step by step moves we must do. Siya na nawalan siya pa pagbabayarin. Is there an office or law office we can get to process these disputes??

[Waterbearer]

Yes, the usual practice is once the folder is turned over to a law firm or collection agent, then control of that account passes to the law firm or collector. These guys get 25% or higher of whatever amount is collected so they go after accounts with the higher probability of collection/settlement. The smaller ones or the ones that look doubtful for collection they simply ignore.

Very true.....although yung sa BPI Express Credit di na ata umaabot sa ganoon....i mean may credit and collection dept sila....kaya ko nasabi na baka pwedeng iareglo pa sa bangko.....kasi ganun ang ginawa kong arrangement about 8 years ago..

 

Kung citibank yan......for sure pupunta yan dun sa law firm ng friend ko.....kaso di ko masuhulan ang mokong business is business daw talagang kukulitin ka nun

Edited August 21, 2006 by Waterbearer

[Waterbearer]

Mga sirs,

 

My friend's wallet was stolen from our office. It was after 2 hours that she discovered that her wallet was stolen. The thieves were able to use all her credit cards amounting to 65k. How can we dispute the transactions. Can Anybody help us with the step by step moves we must do. Siya na nawalan siya pa pagbabayarin. Is there an office or law office we can get to process these disputes??

pwede mo siguro idispute na negligence ng seller yun.....di ba in the first place, dapat sinisigurado nila na yung buyer ang mismong cardholder.....responsibility nila yun....kaya nga sila nagdadagdag ng procedures (2 valid IDs etc... ) para di sila maloko ng mga magnanakaw na yun......kung gusto mo mapabilis e d maghire ka ng lawyer.....pero ganun din....you need to gather proof na katangahan ng tindahan yun..

 

Peace.

[Phrozhen.Khold]

Hello,

Is it possible that i can upgrade my pc with a budget of 5k? Kasi mabagal na yung pc ko when i play command and conquer: general then aside from that my winap is playing

That depends on your base system... things you should always consider is compatibility... once that's settled... you can just choose the components that you want to upgrade... and based from your question... I would agree to increase your memory