legal Free Legal Advice

[LAKAY210]

Sirs,

Basic question lang pag sa Metropolitan Trial Court "Estafa" civil case ito tama po ba, wala bang kulong yung accused?

Thunderboy, pag ESTAFA criminal case yan. Merong kulong yan. Ang maximum na penalty nyan ay prision correccional or kulong na six months and one day to six years, depende kung may mitigating o aggravating circumstances. Kung sa MTC ang jurisdiction nyan, mas mababa penalty base sa amount.

[apollo11]

Tanong lang po.

 

Di ba bago mag increase mga public utility dapat may petition sila sa LTFRB?

magkakaroon ng hearing...nagulat kasi ako nung nakita ko na nag post ng sign yung coop ng FX sa amin na magtataas sila from 10 pesos to 15 pesos effective june 15.

 

naiintindihan ko kung bakit kailangan nilang magtaas. pero sana naman sa tamang proseso. tsaka apektado mga studyante.

 

ano dapat gawin? punta LTFRB?

 

salamat po

[apollo11]

tanong lang po.

 

ano ang latest version ngayon ng 3d studio max o maya.

 

gusto ko kasi matuto.

 

salamat.

[thunderboy123]

Lakay210,

Sir thank you, usually how many months kaya ang pagtakbo nito, sa Makati MTC po eto.

[LAKAY210]

Lakay210,

Sir thank you, usually how many months kaya ang pagtakbo nito, sa Makati MTC po eto.

Usually mabilis lang sa MTC depende kung marami ebidensya o konti lang. kasi criminal case yan dapat mabilis.

[thunderboy123]

Lakay210,

Sir mali po pala nde pala "Estafa" kundi BP 22, again sir may kulong ba ito at typical duration MTC Makati.

[LAKAY210]

Lakay210,

Sir mali po pala nde pala "Estafa" kundi BP 22, again sir may kulong ba ito at typical duration MTC Makati.

May kulong din yan pare ko. Covered na sya ngayon ng Rules on Summary Procedure kaya mabilis na lang.

[kanto-terrorist]

Ask lang po, just wanna help my friend lang. They were victimized by some so-called "credit-card encashment" gang. they use his card to buy lots of items at one grocery and in few minutes, a guy carrying cash worth 200,000 came and gave them the money, their agreement babayaran unti unti in 5 months although may konting dagdag interest na but when the bill came, it worth stunning 300,000 agad!then when they call the bank, yun, dinikdik na sya ng husto, till now, worth 500,000 na bill nya. He insist that sana na inform sya ng bank na magkakaganun dahil 25,000 lang naman credit limit nya and his relative insist na baka sindikato raw yun inside the bank(known more for its credit cards).

[TeeUp]

panero may kilala ka ba na lawyer based in California? One who is allowed to practice there is preferable.

i know a couple... i'm not just very sure if they're practicing probate and succession. i'll try to ask around.

[umbertoeklat]

tanong lang po.

 

ano ang latest version ngayon ng 3d studio max o maya.

 

gusto ko kasi matuto.

 

salamat.

3ds max 6.0

 

maya 5.0 ata

[apollo11]

3ds max 6.0

 

maya 5.0 ata

daming salamat sa yo. :cool:

[cool_caloy]

hey mga bros, any funny anecdote during the election.

 

make us laugh naman.

[LAKAY210]

i know a couple... i'm not just very sure if they're practicing probate and succession. i'll try to ask around.

Thanks sa concern panero! God Bless!

[LAKAY210]

Ask lang po, just wanna help my friend lang. They were victimized by some so-called "credit-card encashment" gang. they use his card to buy lots of items at one grocery and in few minutes, a guy carrying cash worth 200,000 came and gave them the money, their agreement babayaran unti unti in 5 months although may konting dagdag interest na but when the bill came, it worth stunning 300,000 agad!then when they call the bank, yun, dinikdik na sya ng husto, till now, worth 500,000 na bill nya. He insist that sana na inform sya ng bank na magkakaganun dahil 25,000 lang naman credit limit nya and his relative insist na baka sindikato raw yun inside the bank(known more for its credit cards).

Your facts are somewhat vague. I want to clarify, does your friend gave the credit card voluntarily or it was stolen from him? If it was stolen, was it reported immediately to the bank/credit card company? Are those guys identifiable or known by your friend?

 

Base sa kwento mo pare, may criminal aspect yan, both under the RPC and a special law (i forgot the title) about credit card fraud. Usually the signatures on the approval slip must be the same as the signature appearing on the credit card and if this does not appear, then you have the right to refuse payment. The bank has the burden of proving that the credit card was used by your friend and not by somebody else.

 

Your friend must write the bank that the purchases appearing on the monthly statement are not consummated by you but by a syndicate (where an insider is possibly involved) and you must report this to the NBI or the proper authorities to apprehend the culprit.

 

Sa credit card walang criminal aspect (only civil) kung talagang utang mo yan, pero pag may fraud involved like in this case, meron criminal and civil aspect yan.

[iNSoMNia]

what's the age for statutory rape?

what if nilasing at tinali ako ng 14 year old girl bago ako pinakinabangan?

sino ang may sala?

pwede ko ba shang kasuhan?

[TeeUp]

what's the age for statutory rape?

what if nilasing at tinali ako ng 14 year old girl bago ako pinakinabangan?

sino ang may sala?

pwede ko ba shang kasuhan?

Statutory rape as defined in Art. 335, Par. [3], of the Revised Penal Code is committed by having carnal knowledge of a woman under twelve [12] years of age - hindi po 14

 

also, an offense under our revised penal code can be committed only either by dolo (criminal intent) or culpa (criminal negligence).

 

based on your hypothetical question, the intent to commit a crime and/or negligence is apparently wanting kaya kahit under 12 pa yung "lumapastangan" sa 'yong puri ay hindi ka pwedeng kasuhan ng statutory rape.

 

on the other hand, sya tong pwedeng makasuhan ng acts of lasciviousness.

[Dekampanilla]

I do not practice criminal law but if i remember correctly, the sex with a girl who is 12 year old or younger, whether or not the same was with her consent, would be considered rape. This is what is commonly referred to as statutory rape.

 

Thus, consensual sex with a 14 year old would not qualify as statutory rape.

 

Cheers!

[LAKAY210]

what's the age for statutory rape?

what if nilasing at tinali ako ng 14 year old girl bago ako pinakinabangan?

sino ang may sala?

pwede ko ba shang kasuhan?

If the offended party is under twelve years of age statutory rape yan. Or even if above twelve but the offended party is demented, it is still considered statutory rape.

 

Under the law, rape is usually committed by a man who shall have carnal knowledge of a woman under the circumstances therein specified. However, under par. 2 of Article 266-A of the RPC, rape can also be committed by ANY person who, under any of the circumstances mentioned in paragraph 1 of of said Article, shall commit an act of SEXUAL ASSAULT by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

 

In the instant case, it does not show whether the 14 year old girl you are referring to committed the act of inserting an instrument or object into your anal orifice, otherwise, she is also liable for rape (but being less than 15, she is exempted from criminal liability under Art. 12 of the RPC). The fact that she tied you and "napakinabangan" ka per se does not constitute rape.

 

If you are worried whether or not you committed a statutory rape, the law refers to the age of the offended party and not the accused. And, it appears dude, that you are the offended party in this particular case. :cool:

[LAKAY210]

Statutory rape as defined in <a href="http://www.ntsearch.com/search.php?q=Art&v=56">Art</a>. 335, Par. [3], of the Revised Penal Code is committed by having carnal knowledge of a woman under twelve [12] years of age - hindi po 14

 

also, an offense under our revised penal code can be committed only either by dolo (criminal intent) or culpa (criminal negligence).

 

based on your hypothetical question, the intent to commit a crime and/or negligence is apparently wanting kaya kahit under 12 pa yung "lumapastangan" sa 'yong puri ay hindi ka pwedeng kasuhan ng statutory rape.

 

on the other hand, sya tong pwedeng makasuhan ng acts of lasciviousness.

Panerong Teeup, may bago nang batas sa rape and it amended Art. 335 na. Nasa crime against persons (Title 8) na sya hindi na against chastity (Title 11). Kaya it is already considered as a public crime. In effect Art. 266-A na sya ng RPC.

[rstranger]

Scenario:

got married 5yrs ago because the girl was pregnant.

During the 5yrs of marriage, nagka-3 kids. Tried to be a good father and a husband.

Decided to leave last year pati kasabay ng resignation from the job.

Was accused of Abandonment by wife. A case was filed.

2 summons was received from the previous office pero after a few months after na nareceive/nabasa ng husband.

 

a warrant of arrest was issued. Pero, this was ignored by husband.

 

Now, in the process of filing an annulment ang husband.

 

Question:

What will happen to the husband?

Is he going to be jailed?

How many months would that be?

Is the husband allowed to bail? and how much could that be?

What is the best thing to do?

[coychee]

Scenario:

got married 5yrs ago because the girl was pregnant.

During the 5yrs of marriage, nagka-3 kids. Tried to be a good father and a husband.

Decided to leave last year pati kasabay ng resignation from the job.

Was accused of Abandonment by wife. A case was filed.

2 summons was received from the previous office pero after a few months after na nareceive/nabasa ng husband.

 

a warrant of arrest was issued. Pero, this was ignored by husband.

 

Now, in the process of filing an annulment ang husband.

 

Question:

What will happen to the husband?

Is he going to be jailed?

How many months would that be?

Is the husband allowed to bail? and how much could that be?

What is the best thing to do?

As far as i know, abandonment is a ground for legal separation, so presumably, the case filed by the wife agaisnt the husband is for legal separation which is a civil case.

 

The summons issued by the court is for the husband to answer or refute the allegations in the complaint filed by the wife within fifteen days from receipt. Non-filing of an answer by the husband is not a ground for the issuance of a warrant of arrest. The court will just refer the case to the fiscal for him to conduct an investigation if there is collusion between the parties.

 

Moreover, in a legal separation case, there is a cooling off period of 6 months for the parties to settle their differences and explore the possibility of reconciliaiton.

 

The best thing for the husband is to do is to file a Motion to Quash the warrant of arrest since it was issued without any legal basis.

[roxysnonie]

anybody got the latest cracks or sn for avg professional anti virus?

 

the old one kinda expired eh...

 

thanks!

Edited June 11, 2004 by roxysnonie

[TeeUp]

Panerong Teeup, may bago nang batas sa rape and it amended Art. 335 na. Nasa crime against persons (Title 8) na sya hindi na against chastity (Title 11). Kaya it is already considered as a public crime. In effect Art. 266-A na sya ng RPC.

you're absolutely right lakay,

 

i was looking at this case over the net and my eyes were set on the age of the offended party when i quoted it.

 

good point!

[thunderboy123]

Sirs,

Any advise kasi yung friend ko isasalang na sa witness stand, cya po ang complainant estafa case po, para maganda preparation at presentation.

[sir_7up]

just like to know how to ammend an entry in one's birth certificate when the month of the birthdate (february) was inadvertantly recorded as March. She used in all of her school records and stuffs the original date which is feb, (with an affidavit) Now that she is applying for a Passport, DFA does not accept affidavit, thus requiring her to ammend the detail in her birth certificate. Any info on this, please?