legal Free Legal Advice

[agentjackbauer]

i was explaining it to a layman not to a brilliant lawyer.

 

just wondering though can't there be a civil case for "reckless imprudence resulting to damage to property with physical injuries". i think it is possible, what is your expert opinion sir?

 

 

Oohhhh, two attempts at sarcasm eh? As for my expert opinion my dear lad, the answer to your question is a resounding no. Although the civil case is impliedly instituted with the criminal case, if the complainant wishes to file solely a civil case then it would be a simple case for damages. There is no such thing as a civil case for reckless imprudence. A law student would know that.

[agentjackbauer]

isa pa pong pahabol.

 

gaano po katagal bago maging final ang desisyon ang isang kasong ganito until the supreme court. yung average time frame lang po.

 

salamat!

 

 

Huwag mo na po paabutin sa Supreme Court. Magbayad ka na. Mas malaki pa gagastusin mo sa abogado in the long run. May mediation naman yan eh pag nasa korte na kayo. Try to increase the amount you offered for settlement pero soften the impact by offering to pay in installment. Convince the complainant that it would be better for both of you to settle now than to prolong the case and go through the hassles of litigation.

[jake_roxas]

Oohhhh, two attempts at sarcasm eh? As for my expert opinion my dear lad, the answer to your question is a resounding no. Although the civil case is impliedly instituted with the criminal case, if the complainant wishes to file solely a civil case then it would be a simple case for damages. There is no such thing as a civil case for reckless imprudence. A law student would know that.

 

and whatever happened to "the allegations, and not caption, determine the subject matter of the complaint?"

in any case, and notwithstanding your acknowledged expert legal opinion, isn't tort or quasi-delict another term for reckless imprudence or negligence?

 

two only? now you should start looking for the other remaning three.

[agentjackbauer]

and whatever happened to "the allegations, and not caption, determine the subject matter of the complaint?"

in any case, and notwithstanding your acknowledged expert legal opinion, isn't tort or quasi-delict another term for reckless imprudence or negligence?

 

two only? now you should start looking for the other remaning three.

 

My dear lad, now you are really clutching at straws. You specifically asked if there can be a civil case captioned "reckless imprudence resulting to...". I gave you a specific answer. Realizing that perhaps you may be wrong ( Im actually sure you are but Im being kind :hypocritesmiley: ), you suddenly become a pilosopo and tell me (to paraphrase) "what if the allegations say otherwise". Goodness. Of course the allegations could be about anything right? It could be for specific performance, annulment of contract etc. etc. Its like asking "pwede ba magkaroon ng civil case for murder, tutal the allegations determine the subject matter of the complaint." Doesnt make sense, right?

 

As for tort or quasi-delict being another name for reckless imprudence or negligence, I give you props. At least there was some legal reasoning behind this particular retort. But Im sorry, the two are not the same lad. Reckless imprudence is a crime under the Revised Penal Code. Thus, it pertains to criminal negligence. Tort or quasi-delict is a source of obligations under the Civil Code and though both involve the concept of negligence, you must not mistake one for the other. Again, a law student would know that. Which makes me curious, law student ka ba o practitioner? If you are the latter, then my apologies, no offense meant.

 

And oh by the way, I do not claim to be an expert. Far from it. I will willingly and humbly accept and admit if I am wrong. You were the one who asked for my so-called "expert" opinion. Pinatulan ko lang yung sarcasm mo but somehow that was lost on you.

Edited September 21, 2006 by agentjackbauer

[Waterbearer]

Ei Ei hold your egos :boo:

 

Let me buy some popcorn first then you could continue the rebuttal :boo:

[fauxhead]

Just a clarification, reckless imprudence is not strictly a felony under the RPC. It is a quasi-offense, only a means to commit a crime. It only becomes punishable when it results or causes a crime. Hindi lahat ng katangahan, punishable. Hehehehe.

 

My dear lad, now you are really clutching at straws. You specifically asked if there can be a civil case captioned "reckless imprudence resulting to...". I gave you a specific answer. Realizing that perhaps you may be wrong ( Im actually sure you are but Im being kind :hypocritesmiley: ), you suddenly become a pilosopo and tell me (to paraphrase) "what if the allegations say otherwise". Goodness. Of course the allegations could be about anything right? It could be for specific performance, annulment of contract etc. etc. Its like asking "pwede ba magkaroon ng civil case for murder, tutal the allegations determine the subject matter of the complaint." Doesnt make sense, right?

 

As for tort or quasi-delict being another name for reckless imprudence or negligence, I give you props. At least there was some legal reasoning behind this particular retort. But Im sorry, the two are not the same lad. Reckless imprudence is a crime under the Revised Penal Code. Thus, it pertains to criminal negligence. Tort or quasi-delict is a source of obligations under the Civil Code and though both involve the concept of negligence, you must not mistake one for the other. Again, a law student would know that. Which makes me curious, law student ka ba o practitioner? If you are the latter, then my apologies, no offense meant.

 

And oh by the way, I do not claim to be an expert. Far from it. I will willingly and humbly accept and admit if I am wrong. You were the one who asked for my so-called "expert" opinion. Pinatulan ko lang yung sarcasm mo but somehow that was lost on you.

[nuneynu]

sir,

 

the case is still under the office of the prosecutor right now. i received my first subpeona summoning me to report there on the 26th.

 

may i know whats the status of the case? where is it pending now?

[tobleron222]

mga bro, favor, i ll buy a new pc set, ecs pm800-m7 w/ p4 3.2g intel, ok ba to? which is more practical, p4 3.2 g or dual core 2.8? budget ko for cpu is 14t, what do you suggest? tnx a lot

[LovenFaith]

My dear lad, now you are really clutching at straws. You specifically asked if there can be a civil case captioned "reckless imprudence resulting to...". I gave you a specific answer. Realizing that perhaps you may be wrong ( Im actually sure you are but Im being kind :hypocritesmiley: ), you suddenly become a pilosopo and tell me (to paraphrase) "what if the allegations say otherwise". Goodness. Of course the allegations could be about anything right? It could be for specific performance, annulment of contract etc. etc. Its like asking "pwede ba magkaroon ng civil case for murder, tutal the allegations determine the subject matter of the complaint." Doesnt make sense, right?

 

As for tort or quasi-delict being another name for reckless imprudence or negligence, I give you props. At least there was some legal reasoning behind this particular retort. But Im sorry, the two are not the same lad. Reckless imprudence is a crime under the Revised Penal Code. Thus, it pertains to criminal negligence. Tort or quasi-delict is a source of obligations under the Civil Code and though both involve the concept of negligence, you must not mistake one for the other. Again, a law student would know that. Which makes me curious, law student ka ba o practitioner? If you are the latter, then my apologies, no offense meant.

 

And oh by the way, I do not claim to be an expert. Far from it. I will willingly and humbly accept and admit if I am wrong. You were the one who asked for my so-called "expert" opinion. Pinatulan ko lang yung sarcasm mo but somehow that was lost on you.

 

 

hmmm...

it's getting hot in here...wehehehe...

 

 

 

and whatever happened to "the allegations, and not caption, determine the subject matter of the complaint?"

in any case, and notwithstanding your acknowledged expert legal opinion, isn't tort or quasi-delict another term for reckless imprudence or negligence?

 

two only? now you should start looking for the other remaning three.

 

 

thanks for your pm po...

[agentjackbauer]

Just a clarification, reckless imprudence is not strictly a felony under the RPC. It is a quasi-offense, only a means to commit a crime. It only becomes punishable when it results or causes a crime. Hindi lahat ng katangahan, punishable. Hehehehe.

 

 

Thanks for that bit of clarification fauxhead. Too bad jake couldnt make it himself

 

Dont worry gents, this intellectual (I hope) skirmish between jake and I wont go overboard. Im just honestly and genuinely wondering if he is a law student or a practitioner and Im waiting for his response. :hypocritesmiley:

[agentjackbauer]

Ei Ei hold your egos :boo:

 

Let me buy some popcorn first then you could continue the rebuttal :boo:

 

 

Wala pang sagot. Pinag-aaralan pa siguro. :hypocritesmiley:

[nuneynu]

hey guys!

 

cool lang kayo... didn't intend for my inquiry to spark such an exchange. i appreciate both of your opinions. tutal, you're threading the same line naman eh. no need to be personal.

[nuneynu]

nakalimutan na ata yung queries ko! hehehe... mga abogado talaga, pag nakaamoy ng debate... hehehe... joke lang yun ha... baka ako naman banatan niyo...

[kelvin]

Paano ba malalaman kung sira na yung router, I'm using Linksys BEFSR41 ver 3, bought the unit 1 year and 8 mos ago brand new from PC express, using meridian telekoms aka. smartbro, I have reinstalled the setup wizard then updated the firmware, if directly nakakonek ang internet sa single pc at nag piping ako sa meridian walang request time out at destination unreachable in short ok, without using the router, pero kapag kinabit ko na sa router may putol na sa ibang pc? Posible kaya na mabagal lang ang connection knowing this amazing smart ISP, kasi lately ko lang naeexperience ito about 3 weeks ago ganun nangyayari then after 1 week ok na uli tapos ngayon paputol putol na naman.

 

another question nakaobtain automatic naman ang LAN config ko and Dynamic IP ang meridian. Bakit nde na nakikita nang ibang computer sa network ang ibang pc while before nakikita naman, sa Lan games naman nagkokonek like DOTA, counterstrike, Rakion, and etc, using Win Xp Sp1. Please advice

 

Nangyari ba ito after mong update yung firmware.... kung may back-up ka ng dating firmware, balik mo nalang sa dating version.

Kung wala na, Try to check yung scope ng DHCP mo... baka naging maliit ung range nya after the upgrade of firmware.

 

Sa intermittent connection, bka may conflict sa connection sa switch mo or sa provider.

Try to double check. Use the Ping command and Tracert.

Hope that helps. :hypocritesmiley: :headsetsmiley:

Edited September 22, 2006 by kelvin

[kelvin]

mga bro, favor, i ll buy a new pc set, ecs pm800-m7 w/ p4 3.2g intel, ok ba to? which is more practical, p4 3.2 g or dual core 2.8? budget ko for cpu is 14t, what do you suggest? tnx a lot

 

For me, medyo payat pa ung budget mo. Ipunin mo muna ung money mo until you reach atleast 20T para naman makapili ka ng magandang quality na hardware.

Mas maganda din cgro buy a mboard dat support dual processor. Hindi kasi advisable yung masyadong mabilis na processor speed coz mabilis uminit. Since most OS nowadays support dual processor, mas wise ito for me.Kahit 2Ghz lang ung speed times it by 2, mas super!!! :boo: :thumbsupsmiley:

 

Hope nakatulong.!!! :hypocritesmiley: :headsetsmiley:

[kelvin]

mga bro, favor, i ll buy a new pc set, ecs pm800-m7 w/ p4 3.2g intel, ok ba to? which is more practical, p4 3.2 g or dual core 2.8? budget ko for cpu is 14t, what do you suggest? tnx a lot

 

For me, medyo payat pa ung budget mo. Ipunin mo muna ung money mo until you reach atleast 20T para naman makapili ka ng magandang quality na hardware.

Mas maganda din cgro buy a mboard dat support dual processor. Hindi kasi advisable yung masyadong mabilis na processor speed coz mabilis uminit. Since most OS nowadays support dual processor, mas wise ito for me.Kahit 2Ghz lang ung speed times it by 2, mas super!!! :boo: :thumbsupsmiley:

 

Hope nakatulong.!!! :hypocritesmiley: :headsetsmiley:

[boibastos]

Need some help. I've been apparently hit by the Proxy-Horst and New Malware.j trojan horses. My currently updated Mcafee V. 10 anti-virus program can't get rid of them. They seem to be making files in my temp folder in Windows. I also can't seem to erase my temp folder. Any ideas on how to get rid of them?

[R@v3n]

Need some help. I've been apparently hit by the Proxy-Horst and New Malware.j trojan horses. My currently updated Mcafee V. 10 anti-virus program can't get rid of them. They seem to be making files in my temp folder in Windows. I also can't seem to erase my temp folder. Any ideas on how to get rid of them?

 

You should try looking for a scanner/remover. Try looking at Symantec or McAfee or my highly recommended NOD32 sites for the needed app. Also, I recommend you switch to NOD32. :headsetsmiley:

[jake_roxas]

next question please? i would be very happy to help. thanks.

[jake_roxas]

My dear lad, now you are really clutching at straws. You specifically asked if there can be a civil case captioned "reckless imprudence resulting to...". I gave you a specific answer. Realizing that perhaps you may be wrong ( Im actually sure you are but Im being kind :hypocritesmiley: ), you suddenly become a pilosopo and tell me (to paraphrase) "what if the allegations say otherwise". Goodness. Of course the allegations could be about anything right? It could be for specific performance, annulment of contract etc. etc. Its like asking "pwede ba magkaroon ng civil case for murder, tutal the allegations determine the subject matter of the complaint." Doesnt make sense, right?

 

As for tort or quasi-delict being another name for reckless imprudence or negligence, I give you props. At least there was some legal reasoning behind this particular retort. But Im sorry, the two are not the same lad. Reckless imprudence is a crime under the Revised Penal Code. Thus, it pertains to criminal negligence. Tort or quasi-delict is a source of obligations under the Civil Code and though both involve the concept of negligence, you must not mistake one for the other. Again, a law student would know that. Which makes me curious, law student ka ba o practitioner? If you are the latter, then my apologies, no offense meant.

 

And oh by the way, I do not claim to be an expert. Far from it. I will willingly and humbly accept and admit if I am wrong. You were the one who asked for my so-called "expert" opinion. Pinatulan ko lang yung sarcasm mo but somehow that was lost on you.

 

I.

"(to paraphrase) "what if the allegations say otherwise" - please just quote and not paraphrase because there is an ocean of difference between "what if the allegations say otherwise" and what i stated.

 

II.

caption is: "reckless imprudence resulting to"

allegations: elements of quasi delict and/or tort

prayer: damages

is that not a civil case for "reckless imprudence resulting to..."

 

III.

Tort or quasi-delict is a source of obligations under the Civil Code - really now? you mean tort is the same sa quasi-delict?

 

IV.

Its like asking "pwede ba magkaroon ng civil case for murder" - of course there is.

 

V.

though both involve the concept of negligence, you must not mistake one for the other - but reckless imprudence could give rise to a cause of action based on tort or quasi delict

 

VI.

Which makes me curious, law student ka ba o practitioner? If you are the latter, then my apologies, no offense meant. - even if i am neither, would that make my opinion less worthy of consideration? whatever happened to the music not the singer?

 

VII.

And oh by the way, I do not claim to be an expert. Far from it. I will willingly and humbly accept and admit if I am wrong. - yes I know, at least, that you don't claim to be so.

 

nope nobody is wrong here. ONLY THE SC CAN BE CORRECT. and my point here exactly. all posts here are just guides and posts to assist other members. so someone should not react to the post of others expressly stating or implying that the post/advise of the other is wrong. if someone does, then he should be able to handle any dose of his medicine.

[jake_roxas]

isa pa pong pahabol.

 

gaano po katagal bago maging final ang desisyon ang isang kasong ganito until the supreme court. yung average time frame lang po.

 

salamat!

 

don't forget to file a complaint (and/or third party-complaint) against the insurer.

[jake_roxas]

Thanks for that bit of clarification fauxhead. Too bad jake couldnt make it himself

 

Dont worry gents, this intellectual (I hope) skirmish between jake and I wont go overboard. Im just honestly and genuinely wondering if he is a law student or a practitioner and Im waiting for his response. :hypocritesmiley:

 

of course, this is just an intellectual and verbal exercise. don't worry, i dont fight physically because i dont know how. lawyers are trained to fight with words not with swords.

 

genuinely wondering if he is a law student or a practitioner and Im waiting for his response - would that make a difference?

Edited September 23, 2006 by jake_roxas

[jake_roxas]

Wala pang sagot. Pinag-aaralan pa siguro. :hypocritesmiley:

 

1. unlike some people i do study and make a research before i post. there is no such thing as post now research the case later.

2. unlike some people who are probably pencil pushers and who probably just have nothing to do but sit in front of the computer and surf, i do travel out of town to work and also study so apologies if i cant reply immediately.

Edited September 23, 2006 by jake_roxas

[jake_roxas]

hmmm...

it's getting hot in here...wehehehe...

thanks for your pm po...

 

 

no probs, i hope problem is solved na.

[jake_roxas]

hey guys!

 

cool lang kayo... didn't intend for my inquiry to spark such an exchange. i appreciate both of your opinions. tutal, you're threading the same line naman eh. no need to be personal.

 

no probs po. we are cool.