legal Free Legal Advice

[M16A2]

I just want to ask those who graduated in law school or who is now a legal practitioner about career opportunities in the legal profession.

 

1. What job position did you start and where are you now?

 

2. What do you do in your past and/or present position?

 

3. How much do you earn per month? bonuses? privileges? perks?

 

Thanks

Edited July 26, 2007 by M16A2

[seikokinetic]

i issued a check for 100,000 pesos as guarantee of payment to my loan to an individual. though, we have a verbal agreement that it will only serve as acknowledgement of my obligation since he is aware that i am not still capable of funding the check.

 

my question is:

 

if in case he deposited the check without my consent, what will be the corresponding penalty under bp22? can i be charged for estafa even if there was a verbal agreement that the check issued was only to serve as guarantee of payment since no agreement was entered during the granting of loan.

 

 

You will still be liable for BP 22 but not for estafa.

[HimuraButosay]

THERE IS NO CALL FOR YOU TO BE UNPLEASANT ... IT WAS PROBABLY JUST A MISTAKE, YOU KNOW.

 

Edited July 30, 2007 by Wyld

[HimuraButosay]

Q1: No. By itself, infidelity is NOT a ground for annulment of marriage or declaration of nullity of marriage. At best, it is a ground for legal separation only.

 

Q2: Yes, definitely.

 

Q3: Yes, the kids will still be entitled to support from the father and it can be coursed through the mother (but this should be alleged and proven with merit).

 

 

Salamat sa reply...

 

One more clarifcation, what instance can Mrs.M cite in R.A. 9262 (e.g. battery, psychological violence) when she files a case against her husband?

Edited July 28, 2007 by HimuraButosay

[Wolf]

Salamat sa reply...

 

One more clarifcation, what instance can Mrs.M cite in R.A. 9262 (e.g. battery, psychological violence) when she files a case against her husband?

 

RA 9262:

 

SEC. 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

x x

 

i. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children. x x

[jbcast86]

Mga Sir,

 

Tanong lang po, I am planning to buy a piece of land in quezon city, yung TCT naka pangalan sa Ama (who passed away last 2003) yung INA (Buhay pa) 8 yung anak ( 2 ang nasa abroad) What are the documents that i need to ask from the seller represented by one of the Anak (who have SPA from the 2 kapatid who is in abroad)

 

I agree to pay 30 % DP and full payment upon TCT transfer in my name.

 

The ANAK plan is to tranfer first the TCT to her INA and 8 anak, then it will be tranfer to my name.

 

Thanks in advance

[Dr_PepPeR]

Mga Sir,

 

Tanong lang po, I am planning to buy a piece of land in quezon city, yung TCT naka pangalan sa Ama (who passed away last 2003) yung INA (Buhay pa) 8 yung anak ( 2 ang nasa abroad) What are the documents that i need to ask from the seller represented by one of the Anak (who have SPA from the 2 kapatid who is in abroad)

 

I agree to pay 30 % DP and full payment upon TCT transfer in my name.

 

The ANAK plan is to tranfer first the TCT to her INA and 8 anak, then it will be tranfer to my name.

 

Thanks in advance

 

Based on what you posted, the property will have to be subject to an extrajudicial settlement among the heirs of the AMA, who seem to be the INA and ANAK. The estate taxes will have to be settled with the BIR and the property will now be owned by the heirs, so the heirs have to execute a Deed of Sale in your favor. My theory is the 30% down payment will be used to settle the estate tax, the capital gains tax, transfer tax, and documentary stamp tax as well as all other fees and expenses. So the documents you will need to see are the following:

 

Transfer of title to the Heirs:

1. Deed of Extrajudicial Settlement

2. Proof of Payment of Estate Tax

3. Proof of Publication

 

Transfer of title from Heirs to Buyer:

1. Deed of Sale

2. SPAs of Heirs who are aborad

3. Certificate Authorizing Registration from the BIR (given when Capital Gains Tax is paid)

4. TCT in your name

5. Tax Declaration in your name.

[jbcast86]

Thanks a lot sir, the info that you give is very informative and helpful !!!!

 

If may i ask one last question,

 

1. What is the basic duties and responsibilities of a BROKER?

 

2. What is the prevailing rate of a broker commission (a licensed and a not a licensed one)

 

Again, Maraming Salamat for the reply

[doctorBB]

Points of fact:

 

1. If u used a credit card, all of the amounts u used will earn interest and if u don't pay in time, there is such a thing as interest earning interest (that's the simplest way I know to explain it. It's called compounded interest). This explains why astronomical ang laki ng sinasabi nilang utang mo.;

 

2. Once hindi ka nila mapilit na magbayad for quite sometime, most likely ay ilalagay nga nila sa archives ang utang mo and will be considered as old account. If this is the case, the company will take either option: File a collection case against u or refer your account sa isang collection agency.

 

3. The contract of a collection agency with the lending company (bank or any financing company) is that the collection agency will get a collection commission (percentage) in the amount actually collected. (This will explain why they will resort to all kinds of scheme para takutin ang borrower). If the collection agency will find it almost impossible to collect from you, soon they will stop harassing you. Reason: They are not getting paid from collection from you. Bottomline: Ignore them.

 

4. The bank or lending company will almost always refuse to give you a latest statement once nai-refer na nila sa collection agency ang account mo. Probable reason: Nai-declare na nila na "bad debts" ang utang mo, meaning, hindi na ma-collect. This is actually the real reason kaya inilapit na nila ito sa collection agency.

 

Hope this tidbits enlighten u. I should know...part ito ng trabaho ko as a lawyer. Hehe...

 

What if I signed a document restructuring the loan but did not finish paying it? Until now, I still receive a statement of account from them and the amount ballooned to unreasonable figures. BTW, I almost payed 30% of my total loan obligation when I stopped due to depression and haven't paid them for one year. So this means that they haven't written off my debt? Do these credit card companies really file for civil/criminal cases in court? Do you know a credit card company who does? I moved out of our house so I don't personally receive any mails. My spouse delivers all my letters to my present address.

[Dr_PepPeR]

Thanks a lot sir, the info that you give is very informative and helpful !!!!

 

If may i ask one last question,

 

1. What is the basic duties and responsibilities of a BROKER?

 

2. What is the prevailing rate of a broker commission (a licensed and a not a licensed one)

 

Again, Maraming Salamat for the reply

 

]The Broker merely brings the Buyer and Seller together. For the documentation, it is up to the agreement of the parties. In my experience, brokers charge 3-5% of the purchase price.

Edited August 3, 2007 by Dr_PepPeR

[jbcast86]

Thank you again sir !!!! Tomorrow me and the seller intend to finalize our agreements and the information that you have provided will definitely be my pre-requisite for the seller to finally convince me..

[cadr117]

i hope somebody can help my friend quick.....

 

i have a lady student friend na un kanyang email account was hacked by another unknown student din sa kanyang school.... and then using illicit private pictures of my friend, he made a friendster account na lumalabas na parang sa friend ko yun.. tapos he sent this same pics to the email address ng school .... so ang nangyari, my friend called by the dean and made to explain and also she was made to face the disciplinary board made up of 8 members and was grilled for 1 and 1/2 hours.... she was also made to make a hurriedly prepared explanation letter.... the verdict she will be suspended for a period of time and zero daw sya sa lahat ng activities during the said suspension.... and strongly encouranged to transfer to another school sa next sem pero with the length of time ng suspension nya babagsak na din sya.... she still wants to go to that school too against my advice

 

for me it it not fair but she does not have any money to defend herself and since this field is not my expertise, i dont know what to advice her.. can anything still be done para ma delay lang up to the end of the sem para di naman masayang ung binayad nya?..... i hope anybody can advise kasi the suspension will take effect on monday....

 

tnks a lot

[DELISYUS]

elow

 

i want to clarify something lang... and seek inputs na din on what to do...

 

i have a male cousin kasi who, since he's only 19, was included in his parents petition approval to migrate to the US... they left last July lang...

 

unbeknownst to us, nagpa-secret marriage sila ng girlfriend nya the day before he left

 

having gotten married last 2005, ang alam ko 21 ang age of consent... and that at 19, he'd have needed both parents' consent and advice to get a marriage license

 

pero all he asked from his parents was to borrow their CTC (to copy their signatures? i dunno)

 

they were married lang by a lawyer... and not even in city hall

 

eh a lawyer i know says age of consent is 18... pero voidable daw yung marriage kaya lang may certain period lang and dapat ma-nullify (?) before he turns 21

 

i'd really appreciate knowing what steps to take so i can advice his parents (once the sh!t hits the fan and they find out) kasi it's bound to affect his petition...

 

and would we have any grounds to go after the lawyer that married them???

[Wolf]

elow

 

i want to clarify something lang... and seek inputs na din on what to do...

 

i have a male cousin kasi who, since he's only 19, was included in his parents petition approval to migrate to the US... they left last July lang...

 

unbeknownst to us, nagpa-secret marriage sila ng girlfriend nya the day before he left

 

having gotten married last 2005, ang alam ko 21 ang age of consent... and that at 19, he'd have needed both parents' consent and advice to get a marriage license

 

pero all he asked from his parents was to borrow their CTC (to copy their signatures? i dunno)

 

they were married lang by a lawyer... and not even in city hall

 

eh a lawyer i know says age of consent is 18... pero voidable daw yung marriage kaya lang may certain period lang and dapat ma-nullify (?) before he turns 21

 

i'd really appreciate knowing what steps to take so i can advice his parents (once the sh!t hits the fan and they find out) kasi it's bound to affect his petition...

 

and would we have any grounds to go after the lawyer that married them???

 

labski, immaterial na yung age kasi, to begin with, wala namang authority magkasal ang isang lawyer, unless isa rin siyang judge or justice ng CA or SC. The marriage is void from the beginning na agad.

 

And yes, may liability ang lawyer na yun kung wala nga siyang authority.

 

Sabi ng Family Code:

 

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

 

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (emphasis supplied)

Edited August 6, 2007 by Wolf

[DELISYUS]

eh labski... say shungak lang talaga yung gf (kasi sya may sabing sa attorney lang daw sa lipa) at judge pala yun... void pa din kaya yung marriage?

 

(alam ko most SMs sa Manila City Hall, japeyks... eto nde ko sure )

[Wolf]

eh labski... say shungak lang talaga yung gf (kasi sya may sabing sa attorney lang daw sa lipa) at judge pala yun... void pa din kaya yung marriage?

 

(alam ko most SMs sa Manila City Hall, japeyks... eto nde ko sure )

Kung judge nga yun, it's possible na valid yung marriage, assuming they meet all the requirements.

I suggest na check nila sa NSO.

Pati yung marriage license. :thumbsupsmiley:

[DELISYUS]

so yun nga, kahit underaged, pede magpakasal... basta na-fulfill nila yung requirements to get the marriage license???

 

 

deym... kaloka... anyway, tenx labski!

[Wolf]

so yun nga, kahit underaged, pede magpakasal... basta na-fulfill nila yung requirements to get the marriage license???

deym... kaloka... anyway, tenx labski!

Ndi naman, labski.

Kelangan pa ring at least 18 years old plus all the other requirements.

[chinits]

i have a question about placing an ad

 

The exterior wall of our office is facing a. bonifacio, i plan to put up a tarpoline ad of our company..

 

1. Is there a charge ba if i place an ad? like tax or something.

2. If yes, what's the maximum limit allowed so i wouldn't be charged. plan ko kasi 3mx3m lang

 

Thanks in advance

[cadr117]

i hope somebody can help my friend quick.....

 

i have a lady student friend na un kanyang email account was hacked by another unknown student din sa kanyang school.... and then using illicit private pictures of my friend, he made a friendster account na lumalabas na parang sa friend ko yun.. tapos he sent this same pics to the email address ng school .... so ang nangyari, my friend called by the dean and made to explain and also she was made to face the disciplinary board made up of 8 members and was grilled for 1 and 1/2 hours.... she was also made to make a hurriedly prepared explanation letter.... the verdict she will be suspended for a period of time and zero daw sya sa lahat ng activities during the said suspension.... and strongly encouranged to transfer to another school sa next sem pero with the length of time ng suspension nya babagsak na din sya.... she still wants to go to that school too against my advice

 

for me it it not fair but she does not have any money to defend herself and since this field is not my expertise, i dont know what to advice her.. can anything still be done para ma delay lang up to the end of the sem para di naman masayang ung binayad nya?..... i hope anybody can advise kasi the suspension will take effect on monday....

 

tnks a lot

TO ANY LAWYER, PAKISAGOT NAMAN PO TNKS

[cadr117]

another question sino po ang pwedeng lapitan para sa Free legal consultation sa davao po? tnks or sana kahit may bayad sana mura lang ... consultation lang

[Google]

TO ANY LAWYER, PAKISAGOT NAMAN PO TNKS

 

im not a lawyer, but i think the school has the right to do this to preserve their morality stance.

and yes, i think she has to transfer to another school, dahil maski andun pa sya, o i-allow sya mag enroll next sem, di na rin nya makakayanan ang intriga, which which result in her being defocused. aalis at aalis din sya dun.

 

each school or institution kasi has its own guidelines na kailangan ding i-observe, outside of the legal system. ngayon, if she feels that her rights are violated, then its another story. siguro, pwede syang maghabol dun sa school for damages, pero dapat wala na sya dun.

 

its like this.... pag nagwowork ka, tapos ginagagu ka ng mga tao sa office nyo up to the point na bagsak na moral mo, and hindi ka na makafunction normally, then its time to go. you can still go after the company, although it will take lots of your resources, for damages. pero sino ang talo? ikaw din.

 

imho lang ha? and i repeat, i am not a lawyer.

[juniperxxx]

Is it safe to accept a bank guaranty as payment for sale of property One of the conditions is that the amount will be released upon registration of mortgage lien of said property with the bank - annotated sa title. So if it takes three months from the time I sign the deed of sale to the time the property is transferred to buyer's name and the REM subsequently annotated, it is only then that I can receive said amount. I would have to contend with the possibility that the bank may take a while before releasing the amount or worse ask for documents that I have no control in procuring. What is best then - short of not pushing thru with sale?

[Dr_PepPeR]

Is it safe to accept a bank guaranty as payment for sale of property One of the conditions is that the amount will be released upon registration of mortgage lien of said property with the bank - annotated sa title. So if it takes three months from the time I sign the deed of sale to the time the property is transferred to buyer's name and the REM subsequently annotated, it is only then that I can receive said amount. I would have to contend with the possibility that the bank may take a while before releasing the amount or worse ask for documents that I have no control in procuring. What is best then - short of not pushing thru with sale?

 

Issuing a bank guaranty to a seller of real estate is standard practice for banks. The bank wants to make sure that the REM can be annotated before it releases the loan to the borrower/buyer of the property and that the proceeds go directly to the seller. Once the REM is annotated on the title, the bank should release the proceeds to you, the seller, immediately, which I would say within three (3) banking days is considered reasonable. The bank guaranty should state that these are the only conditions (transfer of title plus REM annotation) for them to release the proceeds to you. The bank guaranty is therefore as good as the bank issuing it. For your protection, deal only with reputable banks, and if possible, ask for an undertaking from the buyer that he will return to you the title still in your name free from any liens or encumbrances and reimburse you for any expenses should the loan not be released by the bank for any reason.

[juniperxxx]

Issuing a bank guaranty to a seller of real estate is standard practice for banks. The bank wants to make sure that the REM can be annotated before it releases the loan to the borrower/buyer of the property and that the proceeds go directly to the seller. Once the REM is annotated on the title, the bank should release the proceeds to you, the seller, immediately, which I would say within three (3) banking days is considered reasonable. The bank guaranty should state that these are the only conditions (transfer of title plus REM annotation) for them to release the proceeds to you. The bank guaranty is therefore as good as the bank issuing it. For your protection, deal only with reputable banks, and if possible, ask for an undertaking from the buyer that he will return to you the title still in your name free from any liens or encumbrances and reimburse you for any expenses should the loan not be released by the bank for any reason.

I had asked buyer to request the bank to have the loan disbursement conditioned on my turnover of signed Deed of Sale and surrender of title,tax dec,RE receipts and other pertinent documents. Bank has not favorably responded. I guess the Bank, a reputable one, will not be inclined to veer away from the standard terms of their bank guaranty. Thanks a lot for your comments and the heady advice to seek a buyer undertaking for return of title and reimbursement of expenses should bank fail to release loan to me.More power to you