legal Free Legal Advice

[fauxhead]

Yes, mapupunta dapat sa heirs yun.

 

Under Art. 777 of the Civil Code, "the rights to the succession are transmitted from the moment of death of the decedent."

 

In relation to this, Art 781 states that " the inheritance of a person includes not only the property and transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession."

 

 

 

Hi, i need some advice. in a banking scenario wherein deceased accounts are involved, are the subsequent interests in the account of the deceased, after his/her death, still payable to the heirs?

<{POST_SNAPBACK}>

[b_9904]

Could we add the field's biggest single employer -- the Government?

<{POST_SNAPBACK}>

 

hehehehe talagang pinasama...

 

oist, peeps, oo nga pala bat walang goverment sa choices?

 

pero diba dapat nasa http://manilatonight.com/index.php?act=ST&f=229&t=6410 ang question na yan?

 

PEEPS!

 

Ty po sa lahat ng nag-reply saaking tanong... nakapag-enroll na po ako last may 23

[Dr_PepPeR]

Comments modified upon the persuasive argument of my good friend Mr. Faux

 

He is, of course, right.

 

:thumbsupsmiley:

<{POST_SNAPBACK}>

 

Awww shooot, I was about to comment on this when the message was edited. Anyway, from a banker's viewpoint, whoever is entitled to the account also gets the accrued interest. Prescription? For bank accounts there is escheat proceedings if the account has remained dormant, otherwise, the bank will just wait for the proper documents to be presented by the heirs.

[agentjackbauer]

What law firm would you like to work for? Do we have any MTC members working in these firms?

 

Sycip?

Villaraza?

Romulo Mabanta?

Quisumbing Torres?

ACCRA?

Picazo?

Castillo Laman?

 

Survey lang 

<{POST_SNAPBACK}>

 

Without divulging the firm I presently work for, allow me to comment on your query. The comments below are based not only on experience and general perception in the legal profession but also on legal journals/magazines ranking and critiquing the quality of practice of the said firms.

 

Sycip Salazar Hernandez and Gatmaitan is the largest full-service law firm in the country. It has offices in Subic, Cebu and Davao. It is considered one of the top corporate law firms in the country. Its litigation work is also well-regarded.

 

Romulo Mabanta is among the top 3 in corporate practice which covers banking, finance, special projects etc. Sycip and ACCRA make up the triumviate. If Im not mistaken, its office in Hongkong (?) was recently raided presumably upon the request or prompting of the Arroyo government. Yung Romulo kasi is the head of the Makati Busines Club which, as we all know, joined the clamor for GMA's resignation last year.

 

ACCRA, aside from being a topnotch corporate firm, has been the acknowledged leader in litigation practice for quite some time now. It also has an extensive and well-respected intellectual property (IP) practice. It has offices in Cebu and Davao.

 

Picazo, Buyco, Tan, Fider & Santos (?) is known only for its corporate practice. It is not that well-known in litigation.

 

Villaraza and Angangco (V & A) is known as the Firm not because it is the best ( it is not) but because of its close ties to Malacanang. If ACCRA has a topnotch practice in IP and litigation, then V & A is a notch or two below.

 

Castillo Laman Tan Pantaleon and San Jose (CLTPSJ) is also a well-respected corporate firm, just ranked below the big boys Sycip, ACCRA and Romulo. However, its litigation practice pales in comparison and recently suffered quite a blow with the pull-out by Pepsi of all its "349" cases. CLTPSJ has never been quite the same after the breakaway of its lawyers to form new partnerships, namely, the firms now known as Poblador Bautista & Reyes and Blanco Esguerra Law Offices (BLES).

 

Since Poblador Bautista & Reyes has been mentioned, I might as well talk about it. Poblador Bautista & Reyes has gone along way since its breakaway from CLTPSJ to emerge as among the top 3 in litigation practice. It is also considered as among the leading firms in IP enforcement. On the other hand, BLES Law is relatively new and does not deserve to be mentioned along with the big boys.

 

As for Quisumbing Torres, it is the best law firm... in Taguig. Its office is located at the Fort, Taguig kasi, hehe. It is perhaps the most expensive law firm in the country since it charges its clients in dollars for its hourly rates. It is not well-known for either corpo or lit. Its just a saucy law firm devoid of substance, hehe.

 

As for your question, the choice of a law firm to work for is largely dependent on the kind of legal practice one wants to pursue. If its corpo, banking and finance and the like, then Sycip, ACCRA and Romulo are the obvious choices. If its litigation or IP, then ACCRA or Poblador should be it. Sycip and Romulo are also good at lit. The three (ACCRA, Sycip, Romulo) are perhaps the best all-around choices.

That is not to say though that the best law firms also provide the best work environments. Sycip, for one, is perennially beset with firm politics. Marami nagreresign every year.

 

If the salary is your primary consideration, you'd be surprised to know that the top 3 firms mentioned above are not necessarily the best employers salary-wise.

 

That's it.

 

Pardon me for any typo/grammatical errors since I do not have enough time to proofread.

Edited May 29, 2006 by agentjackbauer

[jopoc]

What law firm would you like to work for? Do we have any MTC members working in these firms?

 

Sycip?

Villaraza?

Romulo Mabanta?

Quisumbing Torres?

ACCRA?

Picazo?

Castillo Laman?

 

Survey lang 

<{POST_SNAPBACK}>

 

 

i am not working in any of them, and i dont intend to, even if i am invited to be part of the firm.

 

what they can do, any lawyer can

[agentjackbauer]

Jopoc's comment is true as a general rule. A solo practitioner can most certainly do the legal work performed by the country's big law firms. However, in reality, solo practitioners are, by far, not exposed to the huge cases handled by the said firms primarily because such cases require manpower. Special projects for instance involving the merger of banks and other corporations are more often than not handled only by the big firms although individual lawyers who have acquired considerable experience on the matter may be hired as consultants. The same manpower requirement is true for huge-scale IP enforcement involving search and seizure operations against numerous establishments. Thus, the end result is a perpetuation of the expertise and monopoly of huge or middle-sized firms with regard to legal work concerned. In sum, and as a general rule, working in a law firm mentioned above will expose a new lawyer to opportunities not otherwise available to a lawyer working alone or for a corporation. The advantage of a new lawyer working as a solo practitioner or in a small law firm is that he will most likely be exposed to the nitty-gritty of litigation work at a faster rate than his colleague working for a huge firm. Dahil nga solo o maliit na law firm ang pinapasukan, mas natuto agad ng trial work kasi nga walang choice coz wala ng ibang gagawa. Large or middle-sized firms have a tendency to "baby" new lawyers when it comes to actual litigation or trial work. Kaya if you compare a one-year lawyer working for Sycip to a one-year solo practitioner, mas maraming alam sa trial work yung solo practitioner.This advantage, however, is somewhat tempered by the fact that the written work (pleadings) of the lawyer working for any of the firms mentioned above is generally better than those of the solo practitioner.

[hitomi]

in that case, i believe the dswd can takeover, but i think the guardian or the nearest of kin has to do that (turn-over)  boys town or girls town bagsak nyan.

<{POST_SNAPBACK}>

 

thanks again for the replies, will consider options

 

onga pala mtc lawyers, need to talk to someone who knows corporate/accounting law, referrals/replies will be appreciated :mtc: :thumbsupsmiley:

Edited May 30, 2006 by hitomi

[Dr_PepPeR]

i am not working in any of them, and i dont intend to, even if i am invited to be part of the firm.

 

what they can do, any lawyer can

<{POST_SNAPBACK}>

 

 

Jopoc's comment is true as a general rule. A solo practitioner can most certainly do the legal work performed by the country's big law firms. However, in reality, solo practitioners are, by far, not exposed to the huge cases handled by the said firms primarily because such cases require manpower. Special projects for instance involving the merger of banks and other corporations are more often than not handled only by the big firms although individual lawyers who have acquired considerable experience on the matter may be hired as consultants. The same manpower requirement is true for huge-scale IP enforcement involving search and seizure operations against numerous establishments. Thus, the end result is a perpetuation of the expertise and monopoly of huge or middle-sized firms with regard to legal work concerned. In sum, and as a general rule, working in a law firm mentioned above will expose a new lawyer to opportunities not otherwise available to a lawyer working alone or for a corporation. The advantage of a new lawyer working as a solo practitioner or in a small law firm is that he will most likely be exposed to the nitty-gritty of litigation work at a faster rate than his colleague working for a huge firm. Dahil nga solo o maliit na law firm ang pinapasukan, mas natuto agad ng trial work kasi nga walang choice coz wala ng ibang gagawa. Large  or middle-sized firms have a tendency to "baby" new lawyers when it comes to  actual litigation or trial work. Kaya if you compare a one-year lawyer working for Sycip to a one-year solo practitioner, mas maraming alam sa trial work yung solo practitioner.This advantage, however, is somewhat tempered by the fact that the written work (pleadings) of the lawyer working for any of the firms mentioned above is generally better than those of the solo practitioner.

<{POST_SNAPBACK}>

 

As far as I know all those big shot law firms do their hiring by invitation. As you can surmise I didn't rate an invitation. Whaddahell, I'm now in marketing, sour grapes and all.

[muffin]

Yes, mapupunta dapat sa heirs yun.

 

Under Art. 777 of the Civil Code, "the rights to the succession are transmitted from the moment of death of the decedent."

 

In relation to this, Art 781 states that " the inheritance of a person includes not only the property and transmissible rights and obligations existing at the time of his death, but also those which have accrued thereto since the opening of the succession."

<{POST_SNAPBACK}>

 

 

lets say the scenario is this. 1997, client died. account was put on hold. 2006, heirs with complete documents claim the money from the bank. are they entitled to the interest earned from 1997-2006?

[b_9904]

Sa dami ng ka - IM ko sa YM including Mr. Faux himself, i glossed over the "subsequent interests" thingie. Mea maxima culpa

hehehehe talagang pinasama...

 

oist, peeps, oo nga pala bat walang goverment sa choices?

 

pero diba dapat nasa http://manilatonight.com/index.php?act=ST&f=229&t=6410 ang question na yan?

 

b_9904, that's the Schools of Law thread. Doesn't belong.

<{POST_SNAPBACK}>

 

ay, oo nga ano...hehehehe

 

hindi ko binabasa kasi yung topic... nyahahaha

[Dr_PepPeR]

lets say the scenario is this. 1997, client died. account was put on hold. 2006, heirs with complete documents claim the money from the bank. are they entitled to the interest earned from 1997-2006?

<{POST_SNAPBACK}>

 

Yes of course. If the account was a savings account, they get savings account interest. If it was a money market account, they get what was earned thru roll overs if it was in fact rolled over. Some banks just simply put it in savings if there are no instructions, and in that case, whatever the savings interest rate was earned will also go to the heirs.

[dodo]

I am seriously considering applying for dual citizenship and I need help deciding whether it is a good idea or not. I have heard the benefits that I am supposed to get but it's hard to obtain information on the negative side of having dual citizenship. Can someone tell me if there are issues that I may run into if I apply dual citizenship?

 

btw, I am currently a US citizen.

[agentjackbauer]

I am seriously considering applying for dual citizenship and I need help deciding whether it is a good idea or not.  I have heard the benefits that I am supposed to get but it's hard to obtain information on the negative side of having dual citizenship.  Can someone tell me if there are issues that I may run into if I apply dual citizenship?

 

btw, I am currently a US citizen.

<{POST_SNAPBACK}>

 

 

Before responding to your query, please state circumstances/dates/facts relating to your claim of dual citizenship such as date of birth, citizenship of your parents etc. Note that you must be a natural-born Filipino to be able to qualify. If you want to read up on the matter, then just go to this address: http://www.gov.ph/faqs/dualcitizenship.asp. Or you may go to www.gov.ph and click "foreign affairs" on the side bar.

 

Or you may simply type the key words "dual", "citizenship" and Philippines and you will see a lot of hits pertaining to Republic Act No. 9225 (Citizenship Retention and Re-Acquisition Act of 2003).

 

Word of caution lang. Japan and Germany (im not sure about this second country) both have sent formal communications to the DFA that their citizens who apply for dual citizenship under RA 9225 and swear allegiance to the Philippines run the risk of losing their Japanese/German (?) citizenship. Thus, if I were you, check muna with a U.S. lawyer on the effects of what you intend to do. The benefits to be derived include the right to vote, run for public office, own land, practice profession etc. . The unmarried, minor children of those who re-acquire Filipino citizenship under the said Act also become Filipinos.Lahat yan nasa FAQ link that I gave above.

Edited May 31, 2006 by agentjackbauer

[Roubaix]

What law firm would you like to work for? Do we have any MTC members working in these firms?

 

Sycip?

Villaraza?

Romulo Mabanta?

Quisumbing Torres?

ACCRA?

Picazo?

Castillo Laman?

 

Survey lang 

<{POST_SNAPBACK}>

 

No MTC in their right mind will admit that they work for any of these firms. They have a rep to protect. They can tell people privately but they won't broadcast it.

 

QT is the best firm to work for because they pay the most money. Who cares if they lack substance. Plus, if you make sipsip enough in that firm, you can become an International Partner for Baker McKenzie.

 

Out of law school, you are full of gusto and principle. You want to become a top notch lawyer. After three years, people move. After four years, you realize that you want to buy that new car, you want to put a downpayment for that condo, your girlfriend wants to get married. You need money.

 

Trust me, 5 years after law school, money is a very important factor in life. So, go where the money is.

 

There is a time table in law firm life. If you are not an SA (Senior Associate) in 3-5 years, you will never be partner (you can after 15 years). When you get "invited" for an interview, ask about the partnership tract of a entry level lawyer. Ask the success stories.

[Roubaix]

i am not working in any of them, and i dont intend to, even if i am invited to be part of the firm.

 

what they can do, any lawyer can

<{POST_SNAPBACK}>

 

Yes, but they get paid twice a month. They get transpo allowance for the MP adventures and escort meetings.

 

But if you are in solo practice, you have all the time in the world to do hanky panky business.

[bonito99]

Looks like I'll consider their invite now.

 

[b_9904]

^

 

hahahahahahaha

[willow_boy]

Questions for the MTC Lawyers,

 

This is regarding the dual citizenship law that was passed by Congress a few years ago. What are its provisions regarding property ownership? (land) What are the conditions for a Filipino to be granted dual citizenship?

 

Any guidance or input will be very much appreciated. Thank you very much.

[rocco69]

hi guys,

 

hope you can help,

 

i applied for an nso copy of my birth certificate  . pagkakuha ko alang first name. pinapuntahan ko sa pasay city hall civil registrar. pati yung copy nila alang name. nag-issue lang sila ng copy of my birth cert tapos nilagyan ng marginal note  na first name was supplied from supplemental records two years after i was born.

 

the way i see it ang pumalpak dito e yung ermats ko .spilt milk.i might be needing a good nso copy (with a first name) by middle of june. does anyone here know what's the best way to go about it.

 

my sis says late registration nalang raw. is this a good idea ren? thanks

<{POST_SNAPBACK}>

 

Late registration would definitely be a bad idea. Since you already have a birth certificate, any application for late registration would be falsification of public documents, as you would be claiming that you have not yet been registered with the Civil Registrar, which is untrue.

 

Since most persons have to have a first name and a surname (the NSO recognizes that members of indigenous cultural communities might have a tradition of having only one name and allows this exception), your lack of a first name can be corrected by a mere supplemental report to be submitted to the Civil Registrar. Ang nakapagtataka, parang nagawa na ito sa kaso mo (since you say that there is a marginal note where your first name was supplied). Maybe the addition of a first name in your birth records need to be formalized by the submission of a supplemental report. Go to the Pasay City Civil Registrar and inquire if you can just submit a supplemental report to add your first name.

 

Or you can go the NSO at EDSA (near Quezon Ave) and ask the help of Director Lourdes Hufana in adding a first name to your birth records.

[willow_boy]

Willow_boy, to answer ur query, please allow me to quote an earlier post of agentjackbauer:

 

"If you want to read up on the matter (i.e., dual citizenship), then just go to this address: http://www.gov.ph/faqs/dualcitizenship.asp. Or you may go to www.gov.ph and click "foreign affairs" on the side bar.

 

Or you may simply type the key words "dual", "citizenship" and Philippines and you will see a lot of hits pertaining to Republic Act No. 9225 (Citizenship Retention and Re-Acquisition Act of 2003)."

 

Happy reading.

<{POST_SNAPBACK}>

 

Ms. lyssaHOT,

 

Kumusta na? Thank you very much for the info. I'll check that web address you mentioned. Maraming salamat uli. Regards. :cool:

[consiglieri]

hello po...

 

well tanong lang po...

 

my lola died (she was an old maid) meron syang alzheimers disease...she has 4 living siblings ( 3 are dead)...wala po syang will

 

would the children of her dead siblings be heirs to her properties (intestate succession)

 

ive read sa civil code book ko and it says yes...i just need to confirm from you geniuses

 

thanks!

[agentjackbauer]

...

Edited June 2, 2006 by agentjackbauer

[younghermit]

hello po...

 

well tanong lang po...

 

my lola died (she was an old maid) meron syang alzheimers disease...she has 4 living siblings ( 3 are dead)...wala po syang will

 

would the children of her dead siblings be heirs to her properties (intestate succession)

 

ive read sa civil code book ko and it says yes...i just need to confirm from you geniuses

 

thanks!

<{POST_SNAPBACK}>

 

Yes, I think they would by right of representation in the collateral line.

[consiglieri]

thanks :cool:

[thewho]

is there a thread on yahoo password hacking?

or maybe someone could help me on this privately