Jump to content

Free Legal Advice


Butsoy

Recommended Posts

Regarding the admissibility of text messages, the Supreme Court, in the case of Nuez vs Apao (A.M. No. CA-05-18-P) decided in April 12, 2005, has already settled that text messages are admissible as evidence considering that the same are now covered under Section 1(k), Rule 2 of the Rules on Electronic Evidence.

 

Anent your other concerns, you can compel the borrower to pay by sending a demand letter signed by a lawyer. If he still fails to pay, you may file a collection suit against him.

Link to comment

Question po sa mga Genius:

 

you know how when you plug in storage device or put in a CD in the drive may dialog box na asking if you should open files for viewing, etc etc?

 

di na lumalabas yung dialog box na yon? bakit kaya? how do I get it to do that again?

Link to comment
Regarding the admissibility of text messages, the Supreme Court, in the case of Nuez vs Apao (A.M. No. CA-05-18-P) decided in April 12, 2005, has already settled that text messages are admissible as evidence considering that the same are now covered under Section 1(k), Rule 2 of the Rules on Electronic Evidence.

 

Anent your other concerns, you can compel the borrower to pay by sending a demand letter signed by a lawyer. If he still fails to pay, you may file a collection suit against him.

 

TO Master LEX33,

 

Thanks dude..Naliwanagan ako dun.. :hypocritesmiley: :cool:

 

Fallow-up questions lang..We tried to settle this in the Brgy but since wala kami napakasunduan the Brgy

 

gave a "Certificate to File Action" agaisnt him,does this make my case a little stronger??? :huh:

 

And if I file a suit against the guy does this mean I can get damages from him?? And can you tell me where

 

I can find that supreme court rulling?? I know there is a site for this kaso nalimutan ko lang.. :unsure: :thumbsupsmiley:

 

Thank again for the knowledge Master.. :thumbsupsmiley:

Edited by darth_johnnie_walker
Link to comment
TO Master LEX33,

 

Thanks dude..Naliwanagan ako dun.. :hypocritesmiley: :cool:

 

Fallow-up questions lang..We tried to settle this in the Brgy but since wala kami napakasunduan the Brgy

 

gave a "Certificate to File Action" agaisnt him,does this make my case a little stronger??? :huh:

 

And if I file a suit against the guy does this mean I can get damages from him?? And can you tell me where

 

I can find that supreme court rulling?? I know there is a site for this kaso nalimutan ko lang.. :unsure: :thumbsupsmiley:

 

Thank again for the knowledge Master.. :thumbsupsmiley:

 

The Certificate to File Action just means you have complied with the requirement to bring it up with the Barangay authorities before filing it in the court of proper jurisdiction (for cases where the parties are located within the same barangay, from a Presidential Decree that I can't remember).

Edited by Dr_PepPeR
Link to comment
Pede ka mag file ng kaso dito. Pero baka maging empty judgment lang ang kaso kung wala naman property ang sister mo dito sa pilipinas na pwedeng hilain.

 

wala nga po siyang property dito sa pilipinas eh, hindi ba pwede siya habulin dun sa america ng justisya natin dito?

Link to comment
mga sir ask ko lang pwede ba mag file ng case against sa sister ko na nasa america na ayaw ibigay ang maliit na pamana sa akin ng yumao kong ama? paano ho ba ang magiging proseso nun? maraming salamat po.

 

 

rickyv, purong pinoy ba tatay mo? di ba sya nagkaroon ng american citizenship? paano nakuha ng sister mo ang pamana ng tatay mo? magkano ang amount involved?

Edited by blackwolf
Link to comment
Question po sa mga Genius:

 

you know how when you plug in storage device or put in a CD in the drive may dialog box na asking if you should open files for viewing, etc etc?

 

di na lumalabas yung dialog box na yon? bakit kaya? how do I get it to do that again?

 

 

 

Open "My Computer."

 

Under Devices with Removable Storage, right-click the device you want, such as your CD-ROM drive, and then click Properties.

 

On the AutoPlay tab, click the multimedia content type you want to change.

 

Under Actions, click the action you want Windows to perform when it detects the media type you selected.

Link to comment

Sirs, my female friend has been the subject of continuous harassment by her ex-bf by way of calls, txt msgs and chat msgs. The bf wants her back eventhough the girl had expressly told the guy that she doesn't want him anymore. Sadly, he even used MTC as a vehicle for his intimidations by posting their most intimate moments in one of the forums here and promising to release more for the whole world to see unless she capitulates to his demands. Of late, the guy was also able to hack into the net accounts (Yahoo Mail, MySpace, Hotmail, Friendster, YM, etc.) of the girl and has either deleted the accounts or changed the passwords so that my friend has no more access to any of them. Currently, she's depressed and suicide has even crossed her mind because of the shame and would-be scandal caused by the pics. My question is, could my friend already ask for police assistance or at least have the guy blottered? What other options does she have? Thanks a lot for the help guys!

Link to comment

Guys pls help!

How come my uTorrent speeds are so slow?

Dati ok naman since teh new version came out 1.6 hala na

Ano ba to?!!! Grrr

 

Dati la naman prob

What are the best settings?

Di ako maka port forward kasi im using pldt dsl eh pag connect ako sa config ng router/modem ko ayaw page cannot be displayed

Baka bawal i configure?

Edited by kUrTsKY
Link to comment

gud day po! tanong ko lng kung posibleng magarnish ung payroll ko sa atm? kc i received a demand letter stating that they will apply in court for writ of attachment... I wasnt able to pay my credit card kc due to financial difficulties..ang alam ko pong utang ko is nsa 25K but then sabi sa letter nsa 53K na raw po...but then may nabasa po ako dito sa thread na ipa-file pa sa court un and malaking gastos on their part...posible pa po ba nilang i-apply un sa di kalakihang utang ko? mga magkano po ba ang nagagastos sa ganung proseso? patulong namn po! thanks in advance!

Link to comment

Legally, pwede nilang gawin ang mag-garnish pero kailangang may nakafile na civil case. pero to do so, they have to hire a lawyer (note na iba ang bayad sa abugado para sa paggawa ng demand letter at iba ang bayad para sa pagfile ng kaso - sa demand letter baka nga percentage lang ng kung ano ang makokolekta pag nagbayad, while a case would be at least P20T), kaya nga kung mga P50T lang lugi pa kasi di naman nila alam kung me makukuha sila sa yo pag nanalo sila. My thinking is - di talaga sila magfafile pag ganyang amt lang, i.e. nananakot lang yan. Pero dahil ang utang ay dapat bayaran, makipagusap ka on a reasonable repayment scheme. WAG NA WAG KA LANG MAG-ISSUE NG TSEKE TO PAY YOUR LIABILITY at baka makasuha ka ng violation ng Bouncing Check Law

gud day po! tanong ko lng kung posibleng magarnish ung payroll ko sa atm? kc i received a demand letter stating that they will apply in court for writ of attachment... I wasnt able to pay my credit card kc due to financial difficulties..ang alam ko pong utang ko is nsa 25K but then sabi sa letter nsa 53K na raw po...but then may nabasa po ako dito sa thread na ipa-file pa sa court un and malaking gastos on their part...posible pa po ba nilang i-apply un sa di kalakihang utang ko? mga magkano po ba ang nagagastos sa ganung proseso? patulong namn po! thanks in advance!
Link to comment

The acts of the exBF would be "acts of violence against women" punishable under RA 9262(see Sec.5h, Violence Against Women Law ).Papuntahin mo sa Women's Desk ng pinakamalapit na istasyon ng pulis ang kaibigan mo para makasuhan na yan at mapatigil na. Tingnan mo kung di tumiklop yan. Mabigat ang RA9262.tingnan mo si Willie Revillame kinasuhan din dyan ng asawa

Sirs, my female friend has been the subject of continuous harassment by her ex-bf by way of calls, txt msgs and chat msgs. The bf wants her back eventhough the girl had expressly told the guy that she doesn't want him anymore. Sadly, he even used MTC as a vehicle for his intimidations by posting their most intimate moments in one of the forums here and promising to release more for the whole world to see unless she capitulates to his demands. Of late, the guy was also able to hack into the net accounts (Yahoo Mail, MySpace, Hotmail, Friendster, YM, etc.) of the girl and has either deleted the accounts or changed the passwords so that my friend has no more access to any of them. Currently, she's depressed and suicide has even crossed her mind because of the shame and would-be scandal caused by the pics. My question is, could my friend already ask for police assistance or at least have the guy blottered? What other options does she have? Thanks a lot for the help guys!
Link to comment

as correctly stated by lex33, pwede kang magfile dito sa Pinas (since this case involves status [as an heir]) kaya lang malaking pera ang bubunuin mo at baka empty victory lang. First, to obtain jurisdiction over your sister, either she has to be served with summons in the US (ikaw ang gagastos para sa process server or sheriff na magse-serve nito sa US) or through publication (sasagutin mo naman ang gastos sa diyaryo). After that, since your father is an American citizen, you have to prove what is the law covering inheritances in the American state where he resided prior to death (gastos din to). If you get a favorable judgment from a Phil. court, you'll have to enforce it in the US kasi nga wala naman properties yung sister mo dito sa Pinas. Di mo rin naman basta-basta ma-eenforce yung judgment sa US. Magfa-file ka rin ng kaso dun to prove the judgment you obtained here in the Phils. Kaya nga malaki ang posibilidad na empty victory lang ang pagfa-file dito sa Pinas.

 

Your best bet would be to just file the case in the US, kaya lang gastos din yun. First, me visa ka ba papunta dun? 2nd, yung pamasahe mo papunta dun? 3rd, kukuha ka rin ng abugado dun (di-metro dun, per hour ang charge). Logistically speaking, is it worth it?

 

my father was an american citizen, all his finances are in the US. My sister is in the US also, that's why when my father died she was the one who managed all the things that my father left. It's just a couple of thousand dollars.
Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...