freelicker Posted May 31, 2004 Share Posted May 31, 2004 Hey guys, I've been attending the MCLE session of Arellano the past few days and will be attending the ones this week. I noticed the number of lawyers who was attending and was curious if there was anyone there who might be a member here. Anyone who's attending the same session, give me a shout so we can meet in Century Park and maybe we can drink out on Friday!! Quote Link to comment
Debonaire Posted May 31, 2004 Share Posted May 31, 2004 Thanks for the replies everyone... will take each option into consideration and will let you know what happens Quote Link to comment
sweetmind14 Posted May 31, 2004 Share Posted May 31, 2004 hELP! regarding sa monitor k...kc whenever I start my pc... ok namn cya eh pero ung monitor ayaw magbkas..parang laging nka standby... I dnt know kung saan ang my problem kung sa video card or sa monitor na mismo... Just email me or send a PM para alam ko tnx!!! Quote Link to comment
spearhead Posted May 31, 2004 Share Posted May 31, 2004 Try checking the cable connection to the CPU. Baka hindi nakakabit mabuti. Quote Link to comment
TeeUp Posted May 31, 2004 Share Posted May 31, 2004 Hi, anyone knows about sure u.s visa? i mean no appearance.. Have you try it na? thanks for advise as far as i know, all (resident and non-resident) US visa applicants are required to appear before the consular office prior to the granting of the same. only in limited instances like certain kinds of renewal where so the called "drop box" applications may be made. insofar as certainty of being granted a visa, there is no such thing as it would be in contradiction with a state's sovereignty. admittedly though, some visa categories are easily and quickly approved than others. example, empoyment based (EB3) immigrant visa petitions for nurses are usually approved within 60-90 days from submission of a complete application while family based immigrant petitions other than spouse of a citizen may take years. the USCIS (formerly INS) which determines the approval/denial of visa applications, the consul who determines the identity of the applicant and authenticity of his supporting documents, as well as the immigration official at US port of entry has full discretion (subject to review by the courts) to allow or deny entry into US soil. in other words, even if you have and approved visa application and a visa was already handed to you by the consul, still you may not be granted entry by the immigration official upon arrival. hence, you will hear cases na pina-uwi sa Pilipinas pagdating pa lang sa airport. also, even if you have entered the US on a valid and current visa, you may still be deported for cause. while a lot of visa applications involving us Filipinos have been turned down, yet still a good number have been approved. so you can always take your chance. rule of thumb though,,,, be honest! Quote Link to comment
LAKAY210 Posted May 31, 2004 Share Posted May 31, 2004 Hi! I've just hit a brick wall in my bar review. Anyone got some tips on how to recharge my will to study?HI, DUDE! YOU KNOW I JUST PASSED THE 2003 BAR EXAMS! (WITH A GRADE OF 80.999% LESS COMMERCIAL LAW OF COURSE.) THE KEY IS DETERMINATION! READ ALSO THE BOOK OF RUFUS RODRIGUEZ ENTITLED SLAYING THE BAR EXAMS DRAGON PARA MA INSPIRE KA PARE KO. ABOVE ALL PRAYERS, FOR NOTHING IS IMPOSSIBLE IN HIM WHO STRENGTHENS YOU! WAG KA MUNA GIMICK FOR SIX MONTHS. PERO RELAX KA RIN ONCE IN A WHILE. JUST BE UPDATED ON SOME LEGAL ISSUES BY READING NEWS PAPERS/ LAW JOURNALS/ CASES POSTED IN THE NET. Quote Link to comment
LAKAY210 Posted May 31, 2004 Share Posted May 31, 2004 ANY ONE OF YOU HERE WHO KNOWS A FILIPINO LAWYER PRACTICING IN THE STATE OF CALIFORNIA? MAY PROBLEMA KASI MOTHER KO ABOUT HER INHERITANCE FROM HER DAD WHO IS A US CITIZEN BASED IN CA. DI SYA MAKAPUNTA SA STATES KASI PALAGING NADEDENY TOURIST VISA APPLICATION NYA (BECAUSE MAYBE DI NYA NA-PURSUE YUNG PETITION SA KANYA NOON OR KULANG ANG PERA NYA SA BANGKO). MERON PA SYA SINASABI NA TRUST IN FAVOR SA KANYA PERO DI NYA ALAM KUNG SAAN NA OPEN NA BANK; THAT IN THE EVENT THE MAMATAY ANG LOLO KO, THE PROCEEDS WILL BE GIVEN IN FAVOR SA MOTHER KO. I HAVE READ ON THE LAWS OF CALIFORNIA REGARDING PROBATE PROCEEDINGS AND RELATED LAWS BUT I SHOULD ALSO CONSULT A PRACTICING LAWYER THERE. MGA PANERO HELP NAMAN DYAN. GUSTO KO NGA MAG BAR DUN KASO IM A NEW LAWYER HERE KAILANGAN KO PA KUMITA. THANKS MGA BROTHERS IN LAW! PEACE BROTHERS! Quote Link to comment
thunderboy123 Posted June 1, 2004 Share Posted June 1, 2004 Mga Ser,Itatanong ko lng yung monitor ba pwede iparepair sa mga electronic shop, yung isang monitor (fujitsu) kasi biglang pumayat yung horizontal side nya, but yung vertical ayos naman at gumagana pa yung adjustment. Yung isa nman (not branded) nde na mabuo yung screen maliliit na parang one liner na lng. Any idea or advice regarding sa price ng repair at tumatagal ba if ever. Thanks in advance. Quote Link to comment
spearhead Posted June 1, 2004 Share Posted June 1, 2004 Pwede rin but I advise you to bring it to a computer repair shop. mas makakasiguro ka pa. The charges depend on what is wrong with the monitor (kung anong piyesa ang sira) + labor. As for kung tumatagal, depende na sa monitor yun at sa skill nung technician na gumawa. Usually naman oo. Quote Link to comment
thunderboy123 Posted June 1, 2004 Share Posted June 1, 2004 spearhead,thanks Mga Ser, yung speed ba ng Pldt DSL na home at business pareho lng ng speed meron na bang nakapagauge dito, may difference ba talaga. Quote Link to comment
Guest -=xerxes=- Posted June 1, 2004 Share Posted June 1, 2004 Hey guys, I've been attending the MCLE session of Arellano the past few days and will be attending the ones this week. I noticed the number of lawyers who was attending and was curious if there was anyone there who might be a member here. Anyone who's attending the same session, give me a shout so we can meet in Century Park and maybe we can drink out on Friday!! hi, thanks for the reply... twas my boss who happened to be my best friend the appointment as chairman of the department is renewed yearly...on top of his appointment as full-time permanent faculty... when he received his letter citing " completion of his term " he was informed somebody else was asked to sign as new chair with an effectivity date og april 15, despite that his completion is up to may 15 thus, the overlapping appointment..supposedly, the act seemed to ensure transition..however, it turned out that the new boss wanted to act already as the chair..and wanted that her decision be her own alone...and the other one vacate already his office....she came to a point asking the incumbent.."bakit chairman ka pa ba?" my friend at Ombudsman said automatically, the incumbent's appointed wa srevoked when another one was appointed, even if the term is to end on may 15..however, the appointment paper signed by the new appointee was not released to proper offcies, thus, a question of her legality as chair surfaced......... ang gulo no? anyways, twas just, for me, a sotry of power hungry people....twa snot me..but i was affected, knowing that twas my bestfriend their screwing Quote Link to comment
thunderboy123 Posted June 1, 2004 Share Posted June 1, 2004 Sirs,Bakit pag yung jumper na naka set yung jp1 1-2 pin normal at jp2 2-3pin (133Mhz) sa motherboard naghahang, yung processor naman AMD Athlon XP 1800 or XP 1700. Please advise. Quote Link to comment
katsudon_ph Posted June 2, 2004 Share Posted June 2, 2004 malamang d kaya ng mboard mo ung setting para sa processor Quote Link to comment
thunderboy123 Posted June 2, 2004 Share Posted June 2, 2004 katsudon_ph,Ganun pala yun eh kasi Php 2,050 lng yung motherboard ECS Elite, pero kung mga tig 3,000+ or 4,000+ ang presyo ng board baka kayanin. Quote Link to comment
wildswans Posted June 2, 2004 Share Posted June 2, 2004 gud day MTC lawyers, i like to ask about how to deal with this kind of case.... there's a seller name anne and a buyer name danita. danita bought some stuff from anne few years back and was able to pay on-time until one day she issued a bouncing check and went into hiding. anne keeps on calling her to pay up but she said she don't have money yet. this went on for a couple of months until danita doesn't want to answer the phone anymore and her maid keeps on giving alibis to anne. anne even tried going to danita's house but danita always leave very early in the morning and comes home very late. sometimes doesn't go home at night at all. recently, anne went to a lawyer to secure a demand letter but the problem is, anne can't seem to get hold of danita. i heard that danita should be the one to sign the demand letter and not her maid. correct? i heard that bouncing checks have expiration too which means there's only a certain time for its effectivity on a case. so does it mean that anne should kiss her more than P150k danita owes her? anne couldn't bring some cops to danita's house, can she or she might face harrassment raps? is this a hopeless case especially that this happened more than a year or close to 2 years already? any opinion will be appreciated. Quote Link to comment
LAKAY210 Posted June 3, 2004 Share Posted June 3, 2004 gud day MTC <a href="http://www.ntsearch.com/search.php?q=lawyers&v=56">lawyers</a>, i like to ask about how to deal with this kind of case.... there's a seller name anne and a buyer name danita. danita bought some stuff from anne few years back and was able to pay on-time until one day she issued a bouncing check and went into hiding. anne keeps on calling her to pay up but she said she don't have <a href="http://www.ntsearch.com/search.php?q=money&v=56">money</a> yet. this went on for a couple of months until danita doesn't want to answer the <a href="http://www.ntsearch.com/search.php?q=phone&v=56">phone</a> anymore and her maid keeps on giving alibis to anne. anne even tried going to danita's <a href="http://www.ntsearch.com/search.php?q=house&v=56">house</a> but danita always leave very early in the morning and comes <a href="http://www.ntsearch.com/search.php?q=home&v=56">home</a> very late. sometimes doesn't go <a href="http://www.ntsearch.com/search.php?q=home&v=56">home</a> at night at all. recently, anne went to a <a href="http://www.ntsearch.com/search.php?q=lawyer&v=56">lawyer</a> to secure a demand letter but the problem is, anne can't seem to get hold of danita. i heard that danita should be the one to sign the demand letter and not her maid. correct? i heard that bouncing <a href="http://www.ntsearch.com/search.php?q=checks&v=56">checks</a> have expiration too which means there's only a certain <a href="http://www.ntsearch.com/search.php?q=time&v=56">time</a> for its effectivity on a case. so does it mean that anne should kiss her more than P150k danita owes her? anne couldn't bring some cops to danita's <a href="http://www.ntsearch.com/search.php?q=house&v=56">house</a>, can she or she might face harrassment raps? is this a hopeless case especially that this happened more than a year or close to 2 years already? any opinion will be appreciated. Issuance of a bouncing check maybe the basis in filing estafa when the drawer(Danita) is notified of the dishonor of the check drawn by her for insufficiency of funds, by the payee, holder or drawee-bank and her failure to make good the check within 3 days from such notice will constitute prima facie estafa and will be liable under Art. 315 of the Revised Penal Code (RPC). There are 3 elements involved in the crime, a.) Postdating or issuance of a check in payment of an obligation contracted at the time the check was issued; b.) Insufficiency of funds to cover the check; c.) Damage to the payee thereof. Under the RPC, Estafa carries with it correctional penalty (based on the amount involved) which means that the crime prescribes in 10 years. In the instant case, if all of the above-cited elements are present, then the filing of a criminal case for estafa against Danita has not yet prescribed even if it happened 2 years ago. On the otherhand, if the issuance of the bouncing check does not constitute estafa Anne can file a criminal case under BP 22 (Bouncing Check Law). In the present procedure, BP 22 cases are now governed by the Rules on Summary Procedure wherein the same are instituted in the Municipal Trial Courts. With respect to its prescription, ACT No. 3326 provides for the prescription of 4 years, for offenses punished by imprisonment for more than one month, but less than two years. BP 22 carries with it imprisonment of one month to not more than 1 year. Hence, in the instant case, Anne could still file a case under BP 22 against Daniat since the same has not yet prescribed. With respect to the demand letter, if for any reason the same can not be served by personal service, Anne can mail the same by registered mail to Danita's last known address. The demand letter is of no moment when filing a criminal case. The same is needed only in civil cases for collection of sum of money. It is better to file the criminal aspect since it would include the civil aspect as well even if theres no demand letter. With regard to the bringing of cops to Danita's abode, I submit that it is no longer needed. Anne should file her complaint with the Fiscal's office so that Danita will be summoned to answer or file her opposition the same. In this way, Danita will be compelled to appear before the Fiscal with her lawyer of course. Quote Link to comment
JuanTamod Posted June 3, 2004 Share Posted June 3, 2004 hi i would just like to ask if false information written on the marriage contract can be a ground for it to be deemed null and void. thanks Quote Link to comment
clearwater Posted June 3, 2004 Share Posted June 3, 2004 Mates, Don't know if im in the right topic... Need a linux expert to help out with installation/configuration of Red Hat 7.3. This will include file, masquerade, DNS, FTP, Web services. This is an urgent requirement. Minimum effort as we have in-house guys. Guidance lang po... please pm me if interested... Quote Link to comment
LAKAY210 Posted June 3, 2004 Share Posted June 3, 2004 hi i would just like to ask if false information written on the marriage contract can be a ground for it to be deemed null and void. thanks The marriage contract is a mere documentary evidence that one person marries another. If there are false information contained in the same, the marriage cannot be rendered void but would only make the person who prepared the same criminally or administratively liable. Void marriages are those which are contracted in the absence any of the formal or essential requisites of marriage and those found under Art. 35, 36, 37,38 and 52 of the Family Code. Quote Link to comment
TeeUp Posted June 3, 2004 Share Posted June 3, 2004 With respect to the demand letter, if for any reason the same can not be served by personal service, Anne can mail the same by registered mail to Danita's last known address. The demand letter is of no moment when filing a criminal case. The same is needed only in civil cases for collection of sum of money. very well explained, companerong lakay! wyldswans, clarify ko lang ng konti, dalawang kasong criminal at isang kasong sibil ang pwede isampa laban kay danita base dun sa sitwasyon na iyong ikinwento. as mentioned by lakay, she can be sued for Estafa (on the basis of the fraud that she committed by making misrepresentations leading anne to believe that danita will in fact pay her obligation thereby prompting anne to extend the loan) and/or Violation of the Anti-Bouncing Checks Law (for issuing a worthless check). One or both cases may be filed. The civil case is for the collection of the sum owing to anne by danita. As for the issue of the demand, it is a prerequisite for the civil case to prosper. I would say however that also in the BP 22 case, there is a need for the prosecution to prove notice of dishonor. In one case, the Supreme Court ruled that since a criminal case should be proven beyond reasonable doubt, every element of the offense should be proven with the same degree of certainty. In BP 22 notice of dishonor is an essential element, hence, should be proven accordingly. In said case, the SC rejected the proof offered by the prosecution that notice was made through registered mail by showing a copy of the registry receipt. the SC said it is merely proof of sending and not proof of receipt and notice to the accused. This ruling made prosecution in BP 22 cases even more difficult. When I was still practicing dyan sa atin, what i used to to was present the registry receipt, as well as a certification from the postal office having jurisdiction of the place of the addressee stating that the demand/notice of dishonor was received by the accused or by another person of reasonable age and discretion, residing the the same house of the accused or by an employee/officer responsible to receive mails intended for the accused in the case of a business place or office (di pwede ang security guard). Quote Link to comment
TeeUp Posted June 3, 2004 Share Posted June 3, 2004 companerong lakay,,, welcome nga pala to the thread and the legal profession. we appreciate your help here... Quote Link to comment
LAKAY210 Posted June 4, 2004 Share Posted June 4, 2004 Thanks companero! Im glad to be a member of this noble profession. San ka nga pala based panero? you said you are no longer practicing here? Quote Link to comment
apipax Posted June 4, 2004 Share Posted June 4, 2004 Whew!!! I'm back. Sobra busy sa election just like most of u companeros. :mtc: Quote Link to comment
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