legal Free Legal Advice

[ej_qn]

sino po may kakilala na mabait na taga DOLE? Karamihan kasi ng mga nandun sasabihin sayo na walang pag-asa. Dati yung kapatid ko sinabihan na walang pag-asa yung kaso niya kasi ang call center daw ang my karapatan. Kaya nag labor attorney pa kami at nanalo naman. Nabigyan tuloy ng warning yung staff na nagsabi nun samen kasi parang nagmamadali lang daw at ayaw ng dadag paperwork.

[Pinoymale]

yet again I have to ask help from our legal Gurus....

 

It's regarding about annulment/legal separation.. what is the difference? which is cheaper? how do I file? how long will it take and does it require that I have to be here in the Philippines to apply?

 

so many questions in my part.. hope our member have time and patience in answering them TIA again...

 

One of the main differences between annulment and legal separation is that once annulment is granted, the marriage is terminated and both parties are free to get married again. In legal separation, the parties are still married to each other but are no longer required to live with each other or even provide support to each other. Both are initiated by filing a petition with the regional trial court where the petitioner resides. From my experience, legal separation is much cheaper and easier to obtain. Depending on several factors, it could take anywhere from 2 years to more than 5 years.

[dickyryu]

sir pano pag legally separated na and I want to get married again? di I have to file for an annulment then?

[pido_32]

A case for Robbery in an Inhabited Place requires that the robber enters the house through an opening not intended for entrance or egress. An unlocked door is not an opening like a window or a hole. Neither was the robbery committed by the breaking of the door since the door was unlocked. Since penal laws have to be construed strictly, the proper case is Theft only.

 

 

maramiong salamat master

[Pinoymale]

sir pano pag legally separated na and I want to get married again? di I have to file for an annulment then?

 

Have your marriage annulled first before marrying again to avoid legal problems and possible imprisonment.

[dickyryu]

Have your marriage annulled first before marrying again to avoid legal problems and possible imprisonment.

 

 

ouch.. ibig sabihin I have to spend twice if I want to get married again? let me get this straight lang po... If I want to have a domestic/live-in partner I will have to file for a legal separation... and if I ever want to marry my said partner I would have to file annulment.. eh pano if my partner and I are living outside the Philippines?

[rocco69]

ouch.. ibig sabihin I have to spend twice if I want to get married again? let me get this straight lang po... If I want to have a domestic/live-in partner I will have to file for a legal separation... and if I ever want to marry my said partner I would have to file annulment.. eh pano if my partner and I are living outside the Philippines?

 

sabi nga ni Pinoymale, ang pagkakaiba ng legal separation at annulment/declaration of nullity, sa legal separation kasal ka pa rin sa asawa mo pero pwede ka nang tumira ng hiwalay sa asawa mo; sa annulment/declaration of nullity wala nang bisa ang kasal niyo kaya pwede ka nang magpakasal ulit.

 

Sa legal separation, DAHIL KASAL PA RIN KAYO HINDI KA PWEDENG MAKISAMA SA IBA. Ang obligasyon mo na manatiling tapat sa asawa mo ay di inaalis ng legal separation (ang nawawala lang ay ang obligasyon ng mag-asawa na magsama sa ilalim ng isang bubong). Kahit legally separated ka na, pwede ka pang makasuhan ng adultery o concubinage pag ikaw ay may kinasamang iba.

 

Ibig lang sabihin, para magkaroon ka ng ibang partner (kasal man o hindi), pinakamaganda ay magfile ka ng annulment/declaration of nullity.

 

Isa pang punto - ang tingin ng karamihang eksperto sa batas, pag ikaw ay nagfile ng petition for legal separation, ito ay isang pag-amin na mabisa at walang depekto ang iyong kasal, at DI KA NA PWEDENG MAGHAIN ng petisyon para sa annulment/declaration of nullity. In other words, sa paghain mo ng legal separation, sinasabi mo na mabisa ang kasal mo kaya ang gusto mo na lang ay tumira ng hiwalay sa asawa mo. kasi nga, kung may batayan para ipa-annul o ipadeklarang null and void mula sa simula ang kasal mo, bakit hinihingi mo lang ang tumira ng hiwalay sa asawa mo.

 

At kahit na nakatira kayo sa labas ng Pilipinas, alalahanin mo na batas pa rin ng Pilipinas ang iiral sa yo. Ibig sabihin, hindi pa rin kikilalanin ng Pilipinas ang pagsasama nyo ng partner mo (kung babalik kayo sa Pilipinas).

[dickyryu]

Sir maraming maraming salamat po sa mga nag reply sa problema ko.. nawa'y marami pa po kayo sana matulungan na tulad ko...

 

natuwa po ako sa last part nung reply ni sir rocco69

 

ibig sabihin pala pag hindi ako umuwi ng pilipinas wala ako mgiging problema hehe

 

salamat po ulet

[malditangpilyah]

we have this singaporean expat. he's pissing me off to the limits. he doesn't have permit to work here that's why he need to go out of the country every 2 weeks. he's not paying tax here. what pissed me off is... he's treating Filipinos unjustly. he's an illegal alien and he must not treat Filipinos that way. i want him out of this country. he doesn't have any right to treat my co-employee that way. anybody here who knows somebody from immigration to whom i can report this illegal alien?

[legalavatar]

ouch.. ibig sabihin I have to spend twice if I want to get married again? let me get this straight lang po... If I want to have a domestic/live-in partner I will have to file for a legal separation... and if I ever want to marry my said partner I would have to file annulment.. eh pano if my partner and I are living outside the Philippines?

 

you can have as many domestic partners as you want... it's not a criminal act (however morally wrong).

 

however, you cannot marry again because it the crime of bigamy is committed if you contract another marriage while a first one is still subsisting. thus you need to have the first one annulled before getting married again.

 

even if your partner and you are living outside the Philippines, it is still the same. personal laws such as those relating to marital status, follow the person where ever he goes. your married here, you still stay married everywhere else. even if you get divorced in las vegas for one reason or another, insofar as philipine laws are concerned, you are still married. the only exception is if your not filipino.

 

if you marry again while your first marriage is still valid, you cannot be indicted for bigamy because the criminal act was done outside of Philippine territory. however, your second marriage, in all respects, remain void.

 

you spend only once - get your marriage annulled.

[pol22366]

you can have as many domestic partners as you want... it's not a criminal act (however morally wrong).

 

however, you cannot marry again because it the crime of bigamy is committed if you contract another marriage while a first one is still subsisting. thus you need to have the first one annulled before getting married again.

 

even if your partner and you are living outside the Philippines, it is still the same. personal laws such as those relating to marital status, follow the person where ever he goes. your married here, you still stay married everywhere else. even if you get divorced in las vegas for one reason or another, insofar as philipine laws are concerned, you are still married. the only exception is if your not filipino.

 

if you marry again while your first marriage is still valid, you cannot be indicted for bigamy because the criminal act was done outside of Philippine territory. however, your second marriage, in all respects, remain void.

 

you spend only once - get your marriage annulled.

 

Pa sawsaw sir legalavatar....

 

Either that or change your citizenship to American and divorce your present wife. In that way you'll be covered by American Law not Philippine Law, that is if you're staying in the States for good or for a long time. Just remember though Philippine Laws will not recognize your divorce, and here in the PI you'll will stay married to your wife.

[slippeddisk]

any query about legal problems...? wag kang mahiya.. free legal advise ni Butsoy...

 

Hello butsoy!

 

My query is about what i feel is a medical negligence case.

 

Had an operation done on me (slippeddsik) that did not went well. When i reconsulted him, he said he'll do another surgery on me, free of charge prof. fee na, hosp use nalang ang babayaran ko. Katakot the reaction so i sought for a second opinion.

 

Looked for another surgeon, he re evaluated and did the next surgery that made it good.

 

But, I had a relapse, nabinat ba.

 

And I now have difficluty working, pain is always there.

 

Plus I have records, operating room files and such, that shows irregularities.

 

Fact is , the first operation is palpak.

 

These are the shallow facts pa lang.

 

Do I have a case?

 

And shld the issue be directed to the doctor, the hosp, or the Health management provider?

 

I can PM you for more details if it would help.

 

Hope you'd find time to check this out.

 

Thanks!

[legalavatar]

Hello butsoy!

 

My query is about what i feel is a medical negligence case.

 

Had an operation done on me (slippeddsik) that did not went well. When i reconsulted him, he said he'll do another surgery on me, free of charge prof. fee na, hosp use nalang ang babayaran ko. Katakot the reaction so i sought for a second opinion.

 

Looked for another surgeon, he re evaluated and did the next surgery that made it good.

 

But, I had a relapse, nabinat ba.

 

And I now have difficluty working, pain is always there.

 

Plus I have records, operating room files and such, that shows irregularities.

 

Fact is , the first operation is palpak.

 

These are the shallow facts pa lang.

 

Do I have a case?

 

And shld the issue be directed to the doctor, the hosp, or the Health management provider?

 

I can PM you for more details if it would help.

 

Hope you'd find time to check this out.

 

Thanks!

 

 

butsoy, hope you don't mind my butting in...

 

doctors can get sued on negligence based on the principle res ipsa loquituor or "the thing speaks for itself". It is very hard to prove medical negligence, let alone get another doctor to testify against his brethren doctor. if you manage to find one will testify for you, great!

 

if the error pertains to diagnosis, whether negligent or not, it's very hard to sue and you might not have a case. error of diagnosis cannot be construed as medical negligence.

 

if the error pertains to some medical procedure which is basic and well-documented such that a simple departure from that procedure is clear negligence on the part of the doctor, then you may have a case.

 

if the irregularities you mentioned pertain to sterility of the operating room or its failure to observe certain protocol, then you sue the hospital.

 

if the irregularities pertain to the failure of the doctor to follow simple procedure, you sue him. Of course, you must prove that the procedure is so basic and fundamental, that his failure to observe the procedure amounts to negligence.

 

if he leaves a syringe or some medical equipment inside your body, then this is the best example of medical negligence - res ipsa loquituor.

 

i doubt if the health management provider has any liability.

 

why do you say that the operation is "palpak"? were the doctors inebriated by alcohol during the procedure? if such is the case, sue both the hospital and the doctor.

 

hope this was helpful.

[legalavatar]

you can have as many domestic partners as you want... it's not a criminal act (however morally wrong).

 

however, you cannot marry again because it the crime of bigamy is committed if you contract another marriage while a first one is still subsisting. thus you need to have the first one annulled before getting married again.

 

even if your partner and you are living outside the Philippines, it is still the same. personal laws such as those relating to marital status, follow the person where ever he goes. your married here, you still stay married everywhere else. even if you get divorced in las vegas for one reason or another, insofar as philipine laws are concerned, you are still married. the only exception is if your not filipino.

 

if you marry again while your first marriage is still valid, you cannot be indicted for bigamy because the criminal act was done outside of Philippine territory. however, your second marriage, in all respects, remain void.

 

you spend only once - get your marriage annulled.

 

i'd like to correct my self in my post - "you can have as many domestic partners as you want... it's not a criminal act (however morally wrong)."

 

it's not my place to judge what is moral or not. hence, please read my phrase to:

 

you can have as many domestic partners as you want... it's not a criminal act

 

delete the phrase "(however morally wrong)"

 

an act can be both legal yet morally reprehensible in the eyes of a segment of society. as to what the that particular segment of society thinks, we do not give a damn. it's a free country anyway and people are entitled to their opinions, however prejudiced or biased they may be.

 

i am by no means a good judge of morals and do not claim to be one.

 

hence, i retract the above statement, in hope to have the approbation of people that i may have offended.

 

cheers everyone!

Edited July 21, 2008 by legalavatar

[Gideon]

Regarding Credit Card Application:

 

Bakit, hindi nila sinasabi kung bakit ka disqualified sa Credit Card Application mo???

 

I have recently applied for BPO, the simplest credit card and I was rejected. When I inquired they said they cannot release the reason.

 

I already have 6 credit cards, HSBC, Citibank, Metrobank, AIG, Standard Chartered and BPI ( I am a collector) and yet I failed on the BPO.

[pol22366]

Hello Gideon:

 

You have to understand that a credit card application does not depend on whether your applications with other credit card companies were approved or not prior to your subject application. It really depends on the assessments made by the credit card company to which you are applying, if they think that there is a risk factor so that they cannot afford to give you their credit card. Owning a lot of cards may be one of those since they might have perceived that you have too much credit already.

 

They did not reveal to you the reason because it may be company policy not to reveal their assessment procedure. Its their credit card after all, and they will be the one extending you the credit...or not.

 

If you just want to collect the card, probably you can deposit a certain amount equivalent to the credit limit of the card you want, and then communicate your real intention to the bank manager, maybe that'll work.

 

Hope I helped

[azayco]

Pa sawsaw sir legalavatar....

 

Either that or change your citizenship to American and divorce your present wife. In that way you'll be covered by American Law not Philippine Law, that is if you're staying in the States for good or for a long time. Just remember though Philippine Laws will not recognize your divorce, and here in the PI you'll will stay married to your wife.

 

Pasawsaw din...

 

You can also change your religion to one which allows more than one wife.

[sleep_heavy]

Good day po sa inyo: I have a friend who is involved in a very sizable amount of value being victimized by an estafador in his area. He Lost 2 cars considered to be his property. The case in now pending in the courts of Quezon City. The guy is indigent. Meaning he has no cash to maintain a decently good barrister to defend his complaint. May I inquire from the group any suggestions as to how he can manage his case. The other is if he wishes to get legal assistance as complainant, where or what institution can he go to. Are there any available legal orgs that would take the case pro bono or with minimum charges... The only deal he can offer at the moment is if he wins he will give a sizable amount to his barrister. The negotiations on this are up to him and the lawyer. Wala na ako dito. I just wana help the guy. Hope to get some replies on this. Thank you in advance.

Edited July 22, 2008 by sleep_heavy

[accountingboy]

you can try the small law offices or some solo practitioners.....they accept cases in a contingent basis..which means you only pay for the out of poclet expenses and if you win, the lawyer gets a share of the court award

[azayco]

Good day po sa inyo: I have a friend who is involved in a very sizable amount of value being victimized by an estafador in his area. He Lost 2 cars considered to be his property. The case in now pending in the courts of Quezon City. The guy is indigent. Meaning he has no cash to maintain a decently good barrister to defend his complaint. May I inquire from the group any suggestions as to how he can manage his case. The other is if he wishes to get legal assistance as complainant, where or what institution can he go to. Are there any available legal orgs that would take the case pro bono or with minimum charges... The only deal he can offer at the moment is if he wins he will give a sizable amount to his barrister. The negotiations on this are up to him and the lawyer. Wala na ako dito. I just wana help the guy. Hope to get some replies on this. Thank you in advance.

 

Try the UP Office of Legal Aid at the UP College of Law.

[Gideon]

Hello Gideon:

 

You have to understand that a credit card application does not depend on whether your applications with other credit card companies were approved or not prior to your subject application. It really depends on the assessments made by the credit card company to which you are applying, if they think that there is a risk factor so that they cannot afford to give you their credit card. Owning a lot of cards may be one of those since they might have perceived that you have too much credit already.

 

They did not reveal to you the reason because it may be company policy not to reveal their assessment procedure. Its their credit card after all, and they will be the one extending you the credit...or not.

 

If you just want to collect the card, probably you can deposit a certain amount equivalent to the credit limit of the card you want, and then communicate your real intention to the bank manager, maybe that'll work.

 

Hope I helped

 

But the funny thing is that "hindi ko binanggit" sa application that I have that much number of cards. I indicated that it was my 1ST card.

 

Hmmm... The deposit thing will be tricky since I just want to have the BPO as a spare card.

[rocco69]

Pasawsaw din...

 

You can also change your religion to one which allows more than one wife.

 

if your spouse does not change religion with you, you are still governed by the Civil Code (Family Code actually), hence it should follow that you still cannot marry more than one person.

[rocco69]

Try the UP Office of Legal Aid at the UP College of Law.

 

Or San Sebastian Legal Aid, or Arellano Legal Aid. He can also inquire with the IBP for legal aid

[Vraptors]

we have this singaporean expat. he's pissing me off to the limits. he doesn't have permit to work here that's why he need to go out of the country every 2 weeks. he's not paying tax here. what pissed me off is... he's treating Filipinos unjustly. he's an illegal alien and he must not treat Filipinos that way. i want him out of this country. he doesn't have any right to treat my co-employee that way. anybody here who knows somebody from immigration to whom i can report this illegal alien?

 

 

 

Sis i have so many friend in BID even the Comm is a friend of mine. just pm me and I,ll refer you to the right person

[accountingboy]

you can file a report and ask that this alien be declared an "undesirable alien" thus leading the way for his deportation out of the country