legal Free Legal Advice

[Dr_PepPeR]

Sounds like the first question involves the appreciation of the facts as postulated.

 

The last two questions seem to involve the application of The Military Code of Justice.

 

Difficult to answer from a purely legal standpoint and hardly a commonplace occurence.

 

It will be interesting to see the opinions here. Please post them.

[Guest xHANGMANx]

WPS is a chinese Word Processing Software

[_Pabling]

here's a problem,

 

I just bought 3 enclosures for work, 2.5" and 3 Seagate 80G HDDs, brand new,

 

attached it, plugged it in, hardware detected but i DON'T SEE IT IN "MY COMPUTER"...

 

as in, walang icon... walang F drive nothing...

 

tried it on my laptop too, wala,

 

plugged BOTH USBs, wala din...

 

Device manager sees it naman,

 

Impossible naman na all three, sira, diba...

 

i'm sure i'm overlooking something,

 

come on geniuses, get those brains thinking...

 

by the way, I bought them in hong kong, so i can't very well ask the vendor at this point...

 

HELP!!!

 

Try formatting the drives under disk management HTH

[fauxhead]

Allow me to take the first crack.

 

First, may conflicting. In the 1st para, you said the robbers fled "to their barracks" while on the 2nd, nobody saw where the robbers went. Which is which?

 

On to the questions.

 

1. Fiscal - The facts do not make a case. He should ask for further investigation from the appropriate law enforcement agencies.

 

2. The General - Nothing stops him from proceeding with an investigation of the incident that might have involved personnel under this command. However, pressing charges against them is another matter. The AFP's court martials only have exclusive jurisdiction of crimes defined as service-connected. It is considered service-connected if it falls within the acts punishable under the Articles of War.

 

3. Charges - Based on the facts, wala.

 

In relation to the investigation, under the Anti-Money Laundering Act, there is no need for a court order to open accounts suspected of being related to unlawful activity, which in this case is robbery. However you must apply for authorization with the Anti-Money Laundering Council.

 

Hi I need help on my case analysis its driving me crazy,

 

CASE ANALYSIS

 

In may 2001, the phil veterans bank near sangley point naval base was robbed. The robbery

occured at 4pm on a friday, and the robbers tooke off with 2.5 million pesos. they fled on motorbikes

to their barracks.

 

During the investigation, the eye witness testimony conflicted but the only fact established was that the

robbery was executed with pinpoint prescision, with the ledear barking like a military man, and that one

of the robbers answered "aye sir". No one saw where the robbers went. Having nothing with which to go

on, the case turned cold and remained unsolved.

 

2 years after the incident, the police in the area receive an anonymous tip regarding the robbery. The

anonymous caller said that the robbery was masterminded by Capt Felixberto DOmingo, a Naval officer

stationed in Sangley. The Caller said the police should look into the bank account of Capt Domingo.

The caller mentioned that the naval officer had acquired a new house in an exclusive subdivision in Metro

Manila, not to mention vacation homes in both Batangas and Boracay.

 

The Caller also mentioned that the police should look into the circumstances surrounding the death of

Lance Corporal John Estares, who died in combat action.

 

The investigation was conducted by Sgt Flaminiano and overseen by Supt. Gerardo Munoz, both of the

Philippine Natl Police. The following facts were uncovered.

 

1. Capt Domingo is currently married to the wife of deceased LCpl Estares. They gotten married about

one year after Estares died in combat.

 

2. LCpl Estares was transferred to Zamboanga Theater of operation in January 2002 by virtue of DOD

order no. 1234 issued by gen santos. He died in october of the same year when his unit was engaged

in a fierce gun battle with members of the abu sayaff

 

3. The transfer of the Marine officer was initiated by Major Fuentes, a classmate of Capt Domingo in PMA

and a good friend ever since they began their studies. Based on all supporting documents, nothing untoward

could be concluded.

 

4. Capt domingo was assigned to sangley point, a mere 0 minutes from the bank that was robbed. Capt Domingo

said that he was assigned to desk duty at the time because he claimed he was recovering from a debilitating

2 week flu.

 

5. Medical records however show that capt domingo did not visit the base hospital, and neither was there any request for

any medicines issued in his favor. There was also no record of any home visit that could have been made reveal that

2 days after the robbery, Capt domingo came in for treatment from an infected wound in his thigh .

 

6. As to properties owned by capt domingo documents reveal that indeed there are 2 pieces of property which were purchased one and a half years after the robbery. However, the properties are in the name of his current wife

and purchased during their so far short married life.

 

7. Bank records are not obtained due to restrictions from the bank.

 

QUESTION

 

1. If you were the fiscal, armed with the report, what would your next course of action be?

 

2. General santos wants to step into the picture and take care of cleaning their own house.

Can he assume jurisdiction over the matter? How?

 

3. What if any charges can Gen Santos and the Judge Advocate Generals office bring against Capt Domingo?

Thanks very much!

[rocco69]

Tirahin ko na rin:

 

Question 1. Assuming someone filed a complaint for preliminary investigation with the fiscal.

 

For the purported robbery, the fiscal should dismiss the case. Note that the quantum of evidence required in preliminary investigation is such evidence sufficient to “engender a well founded belief” as to the fact of the commission of a crime and the respondent's probable guilt thereof. The prosecutor need only look for the probability of the accused having committed the crime. As it is, the evidence on hand is total crap. No way a public prosecutor worth his salt is going to press charges on the basis of an unverified tip.

 

For the death of Estares, the proper complainant should be his heirs. Since the wife is already married tot he respondent? i wouldn't think that she would be willing to press charges. But i digress. I think the principle applicable here would be "el causa dela causa es la causa del mal causado." I don't think you can tie-in the Abu Sayaff (who killed Estares) to the respondent (it is too speculative to say that his transfer would lead to his death, plus the fact that there is no evidence of wrongdoing with regards to the transfer), hence the case should also be dismissed.

 

For the purported unexplained wealth, without a showing that the wife has no source of income to purchase the property registered in her name, as well as a showing that the respondent himself has no other sources of income (or donations coming from relatives), the same must also be dismissed.

 

2. If the General has access to the Statement of Assets and Liabilities of the respondent, he can conduct an investigation as to respondent's (and his wife's) sources of income, after which he can file a complaint for unexplained wealth (if the results show that he could not have legitimately obtained the same). As for the rest, i don't think he has any grounds for filing a complaint.

 

3. Charges - ganun din. As it is, wala.

 

Allow me to take the first crack.

 

First, may conflicting. In the 1st para, you said the robbers fled "to their barracks" while on the 2nd, nobody saw where the robbers went. Which is which?

 

On to the questions.

 

1. Fiscal - The facts do not make a case. He should ask for further investigation from the appropriate law enforcement agencies.

 

2. The General - Nothing stops him from proceeding with an investigation of the incident that might have involved personnel under this command. However, pressing charges against them is another matter. The AFP's court martials only have exclusive jurisdiction of crimes defined as service-connected. It is considered service-connected if it falls within the acts punishable under the Articles of War.

 

3. Charges - Based on the facts, wala.

 

In relation to the investigation, under the Anti-Money Laundering Act, there is no need for a court order to open accounts suspected of being related to unlawful activity, which in this case is robbery. However you must apply for authorization with the Anti-Money Laundering Council.

[crazykalbo]

MS Works is needed to open .wps files, or a converter to allow opening with MS Word.

 

.wps is a Works text document (Microsoft)... see > www.filext.com

[M16A2]

Thank you so much for your insights with regards to this case study.

 

So the circumstances indicated in the police report is insufficient to serve as basis for

probable cause.

 

thanks again

[kelvin]

here's a problem,

 

I just bought 3 enclosures for work, 2.5" and 3 Seagate 80G HDDs, brand new,

 

attached it, plugged it in, hardware detected but i DON'T SEE IT IN "MY COMPUTER"...

 

as in, walang icon... walang F drive nothing...

 

tried it on my laptop too, wala,

 

plugged BOTH USBs, wala din...

 

Device manager sees it naman,

 

Impossible naman na all three, sira, diba...

 

i'm sure i'm overlooking something,

 

come on geniuses, get those brains thinking...

 

by the way, I bought them in hong kong, so i can't very well ask the vendor at this point...

 

HELP!!!

 

 

Check the disk management console.

import foreign disk and choose initialize.

:hypocritesmiley: :headsetsmiley:

[LovenFaith]

Good afternoon po...

in our present time, what is the indicated punishment po ba for

grave threat, oral defamation, public scandal, and libel including their moral damages penalties would the case be pursued...?

thanks so much po ulet...?

[BigBoyBigaon]

Check the disk management console.

import foreign disk and choose initialize.

:hypocritesmiley: :headsetsmiley:

thanks guys that was it, had to format it, NTSF,

 

my bad

[sunking]

My GF's bro reformatted her HD and reinstalled Windows...

 

Problems that arose:

 

1. lost the capacity to use regedit even in admin profiles

 

2. lost the folders option in control panel...can't unhide hidden folders...

 

3. internet tips suggested that i install tweakui powertoys... got the install file but it won't install properly... can't remember the exact error box...

 

4. running an HP pavilion ze4115, AMD AThlon XP +1500, 1.3 GHz, 224 MB RAM... anybody know where I can upgrade the RAM and possibly even the CPU? is this even possible (CPU)? thanks..

[William Blackstone]

under the family code, the illegitimate child inherits 1/2 of the share of the legitimate child.

 

if you need the services of a lawyer, I can refer you to my friend who is a lawyer, private practice sya kaya mura lang maningil yun. just pm me if you need his services.

[_Pabling]

My GF's bro reformatted her HD and reinstalled Windows...

 

Problems that arose:

 

1. lost the capacity to use regedit even in admin profiles

 

2. lost the folders option in control panel...can't unhide hidden folders...

 

3. internet tips suggested that i install tweakui powertoys... got the install file but it won't install properly... can't remember the exact error box...

 

4. running an HP pavilion ze4115, AMD AThlon XP +1500, 1.3 GHz, 224 MB RAM... anybody know where I can upgrade the RAM and possibly even the CPU? is this even possible (CPU)? thanks..

 

did she do a clean install meaning she reformatted the HDD and installed a fresh copy or a dirty install?

 

if she did the latter, i suggest clean reinstall. with the mem and cpu upgrade. its possible for as long as you have

 

money to spend HTH

[jake_roxas]

Good afternoon po...

in our present time, what is the indicated punishment po ba for

grave threat, oral defamation, public scandal, and libel including their moral damages penalties would the case be pursued...?

thanks so much po ulet...?

 

1. grave threats - IT DEPENDS

 

"Art. 282. Grave threats. — Any person who shall threaten another with the infliction upon the person, honor or property of the latter or of his family of any wrong amounting to a crime, shall suffer:

 

1. The penalty next lower in degree than that prescribed by law for the crime be threatened to commit, if the offender shall have made the threat demanding money or imposing any other condition, even though not unlawful, and said offender shall have attained his purpose. If the offender shall not have attained his purpose, the penalty lower by two degrees shall be imposed.

If the threat be made in writing or through a middleman, the penalty shall be imposed in its maximum period.

2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat shall not have been made subject to a condition."

 

So it depends on what was the threat.

 

2. oral defamation- can be arresto mayor or arresto menor

arresto mayor - The duration of the penalty of arresto mayor shall be from one month and one day to six months.

arresto menor - The duration of the penalty of arresto menor shall be from one day to thirty days.

 

"Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos."

 

3. public scandal - ARRESTO MENOR

 

"Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger;

2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or

4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable."

 

4. libel - prision correccional (minimum and medium) - The duration of the penalty of prision correccional shall be from six months and one day to six years.

 

"Art. 355. Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party."

 

as to moral damages, bahala na lawyer mo mag exaggerate, este, allege.

[moichi]

question po:

 

may friend is holding several s.p.a.'s naming him as atty in fact for his parents who went abroad for several years na. he has several siblings na abroad na rin and meron din nakatira dito pero may kanya-kanya ng bahay sila.

 

about 5 months ago, naaksidente yung mag-asawa. unfortunately, walang naiwan na last will and testament.

 

question is will the s.p.a.'s na hawak niya be sufficient to exercise his decisions over the properties? pwede na ba niya i-claim na since siya ang may s.p.a., siay ang may karapatan na mag-desisyon kung ano gagawin niya dun sa mga property?

[rocco69]

Basically, ang "special power of attorney" appoints the person named in the SPA as an agent of the principal to perform the special acts mentioned in the SPA. In other words, agent lang yung kaibigan mo ng mga magulang niya.

 

Ngayon, sa ilalim ng Art. 1919 ng Civil Code

 

Art. 1919. Agency is extinguished:

 

xxx xxx xxx

 

xxx xxx xxx

 

(3) By the death, civil interdiction, insanity or insolvency of the principal or of the agent;

 

xxx xxx xxx

 

Ang ibig sabihin, nung namatay yung magulang ng kaibigan mo, lahat ng hawak niyang SPA nawalan na ng bisa, kasi nga, a dead person can no longer appoint and have an agent. Your friend cannot act on the properties on the basis of the SPAs na hawak niya kasi nga paso na ang mga to.

 

All the heirs will have to talk and decide what to do (and how to apportion among themselves) the properties. If they can all agree, they can execute an Extrajudicial Settlement of Estate of the properties of their parents. Kakailanganin siguro para dito ang inventory ng lahat ng properties na naiwan.

 

 

 

 

 

 

 

question po:

 

may friend is holding several s.p.a.'s naming him as atty in fact for his parents who went abroad for several years na. he has several siblings na abroad na rin and meron din nakatira dito pero may kanya-kanya ng bahay sila.

 

about 5 months ago, naaksidente yung mag-asawa. unfortunately, walang naiwan na last will and testament.

 

question is will the s.p.a.'s na hawak niya be sufficient to exercise his decisions over the properties? pwede na ba niya i-claim na since siya ang may s.p.a., siay ang may karapatan na mag-desisyon kung ano gagawin niya dun sa mga property?

[dgr81]

Question....pwede ba 95 meters ang pagitan ng pc using wired router? d ba babagal? also im using smart bro connection im only getting 40kB/s max total download sa mga utorrent pero i have a friend also on smart bro pero umaabot ng 100kB/s ang download nya. What is the problem kaya?

[Gameraker]

mga pre, napakalaki ng maitutulong nyo sakin pag alam nyo ang solusyon sa problema kong ito. nag attached ako ng pics na lagi lumalabas sa screen bago mag restart PC ko. thanks in advance...

 

just my 2 bits... in rare cases, this can be caused by static/grounding problems in your components. remove your expansion and memory cards (or get someone knowledgable to help), and rub the contact points with pencil eraser to clean them. also clear any static from the case/motherboard (again, get help if you have not done this before). make sure no "libag" from the eraser remains. remains. reassemble, then boot up...

[zeromike22]

how do you compressed dvd files??? .. so that i can put 2 or 3 movies in one dvd...

 

what program should i use??

 

how do you compressed dvd files??? .. so that i can put 2 or 3 movies in one dvd...

 

what program should i use??

[jake_roxas]

question po:

 

may friend is holding several s.p.a.'s naming him as atty in fact for his parents who went abroad for several years na. he has several siblings na abroad na rin and meron din nakatira dito pero may kanya-kanya ng bahay sila.

 

about 5 months ago, naaksidente yung mag-asawa. unfortunately, walang naiwan na last will and testament.

 

question is will the s.p.a.'s na hawak niya be sufficient to exercise his decisions over the properties? pwede na ba niya i-claim na since siya ang may s.p.a., siay ang may karapatan na mag-desisyon kung ano gagawin niya dun sa mga property?

 

would you know exactly how the SPA was written? while death extinguishes the agency and thus, the SPAs become ineffective, i am having this wild/far-off/out of this world theory. baka makalusot.

 

thanks.

Edited October 7, 2006 by jake_roxas

[fauxhead]

Huwag mo na ilusot. Baka sabihin na naman na lahat ng katarantaduhan at panlalamang galing sa mga abogado.

 

would you know exactly how the SPA was written? while death extinguishes the agency and thus, the SPAs become ineffective, i am having this wild/far-off/out of this world theory. baka makalusot.

 

thanks.

[rocco69]

No, no, no. I'm interested in this so-called "far-out theory." As it is, the only way I can see for the friend to use the SPAs as authority/basis for acting on the property is if the same are executed with the formalities of a will and with "animo disponendi" (which I doubt would be the case). For academic purposes, however, let jake expound on his theory (let's disregard the actual wording of the SPAs as I believe that the same would be pro forma SPAs which would have become functus officio at the death of the principal) so we may see the merits of the same.

 

Huwag mo na ilusot. Baka sabihin na naman na lahat ng katarantaduhan at panlalamang galing sa mga abogado.

[mason_rod]

I have a picture scanned by a friend. Instead of a JPEG file,he made it a Scrap object on Microsoft Word Document.

 

How can I extract the image only to a JPEG file?

[jake_roxas]

yup thats right, "animo disponendi", or the absence/lack of it, is the biggest obstacle this theory would have to hurdle considering the pro-forma nature of these SPAs. but i am still interested in how the SPAs were actually worded.

[jake_roxas]

Huwag mo na ilusot. Baka sabihin na naman na lahat ng katarantaduhan at panlalamang galing sa mga abogado.

 

 

hehe, di naman siguro. i think this would even speed things up. i of course assume that human nature is intrinsically good. anyway, this is just a shot in the dark. we'll never know and everything could be possible because in succession cases sometimes even a footnote could be a legal basis.