legal Free Legal Advice

[Wolf]

Dear MTC lawyers,

My friend lives in a condo. Unfortunately, the tenant in the unit above him has minor children who jump, run and scream incessantly. So, in a condo, the sound of stomping feet reberberates through the ceiling of my friends unit. My friend says they start horse play as early as 6am so it disturbs him and his wife from their sleep, there were times the kids horseplayed in the middle of the night and it seems the parents don't even bother to supervise the kids.

My friend wrote letters and complained to the administration, board of directors, and to the unit owner, hoping they could help but up to now the tenants are still very unruly.He said the board of directors and the unit owner just ignored his complaints.

 

Question: Can my friend sue the board of directors, unit owner and the tenant for their inaction to address his problems? I did tell him there's something called motion to abate a nuisance(i heard it from my lawyer years ago). My friend says he pays his monthly dues on time and what are his options. Thanks in advance.

 

Yes, for damages.

He can also have it declared as a nuisance but that will only entitle him to damages as well because I think the tenant above him cannot be evicted for this reason alone.

[deathwalk]

Hi there! I have a friend who went through the secret marriage thing. He was 21 at that time but the girl was 17 though so they falsified her age. Even the witnesses were not really relatives of the two and the judge who performed the marriage doesnt look like a real one. After 4 months they got separated and has never seen each other until now. My friend wants to know if the marriage can be delared as void since the girl was underage at the time they got married. He also checked it in NSO and found out that his marriage was registered. Is there any way he can clear his record in NSO without going through the annulment process since it will take a long time and money? Is the marriage really void in the first place? If so, what is the process that he needs to do? Any inputs would be greatly appreciated. Thank you.

[lovenpeace]

hello everybody...i hope that someone could help me on this one asap...i would like to send via internet a copy of adobe creative suite for mac to my pop who is in the US and just starting to learn the electronic way...there's 2 cd's for the package to work consisting of 586mb and 538mb respectively..i do have a rapidshare account...now my favor to ask from you guys is this...how could i send it to him electronically? as we all know rs have 100mb only per file..will splitting it won't affect the program itself when he extract it on their side? even a simple downloading is a gargantuan task for him over there as he is from the jurassic age...i dearly hope that somebody could help me on this one asap as otherwise i would be force to just send it to him via dhl wherein which would cost me alot!!!!!! thanks alot in advance...GOD BLESS!!!!!!!

[rockybrawler]

Yes, for damages.

He can also have it declared as a nuisance but that will only entitle him to damages as well because I think the tenant above him cannot be evicted for this reason alone.

 

Thank you for your reply sir. How can they evict the tenant above?

[crazykalbo]

Any legal advisors around? My girlfriend's family is having a MAJOR problem with the d*ck-"head" of the family (her dad). Heres the story: her dad cheated on her mom and is having an affair with, not one, but two younger girls. And as expected, these younger girls (bitches) are asking too much from her dad. Pine-perahan lang. Every week, my girlfriend's dad is spending more than 25K php just to please these 2 bitches. Her dad, aside from his own income, is now using their family's income, and even their village homeowner's association fund/savings. Eventually, my girlfriend's mom found out about it and confronted him. Magaling mag-inarte tong mokong na daddy ng girlfriend ko, makapal mukha and is even demanding 50K weekly from my girlfriend's mom. I mean, what the f#&k, ang kapal ng mukha nitong taong to and ang tanga-tanga, nagpapauto sa mga pokpok. Anyway, what legal actions can my girlfriend's mom take to make this sucker behave and get lost/kicked out of the house?

[Wolf]

Hi there! I have a friend who went through the secret marriage thing. He was 21 at that time but the girl was 17 though so they falsified her age. Even the witnesses were not really relatives of the two and the judge who performed the marriage doesnt look like a real one. After 4 months they got separated and has never seen each other until now. My friend wants to know if the marriage can be delared as void since the girl was underage at the time they got married. He also checked it in NSO and found out that his marriage was registered. Is there any way he can clear his record in NSO without going through the annulment process since it will take a long time and money? Is the marriage really void in the first place? If so, what is the process that he needs to do? Any inputs would be greatly appreciated. Thank you.

 

None.

No way they can clear the record without going through the declaration of nullity of the marriage.

 

The marriage is void from the beginning because the girl was below the age of majority which was 18. Even if the judge had the authority or the witnesses were their actual relatives or there was a valid marriage license -- all these do not change the fact that the girl was underaged.

 

Get a lawyer and file a petition for the declaration of nullity of marriage.

 

Goodluck. :thumbsupsmiley:

[Wolf]

Any legal advisors around? My girlfriend's family is having a MAJOR problem with the d*ck-"head" of the family (her dad). Heres the story: her dad cheated on her mom and is having an affair with, not one, but two younger girls. And as expected, these younger girls (bitches) are asking too much from her dad. Pine-perahan lang. Every week, my girlfriend's dad is spending more than 25K php just to please these 2 bitches. Her dad, aside from his own income, is now using their family's income, and even their village homeowner's association fund/savings. Eventually, my girlfriend's mom found out about it and confronted him. Magaling mag-inarte tong mokong na daddy ng girlfriend ko, makapal mukha and is even demanding 50K weekly from my girlfriend's mom. I mean, what the f#&k, ang kapal ng mukha nitong taong to and ang tanga-tanga, nagpapauto sa mga pokpok. Anyway, what legal actions can my girlfriend's mom take to make this sucker behave and get lost/kicked out of the house?

 

First off, get the numbers of those bitches and send them to me.

Just kidding.

Wehehe

 

Barring any reconciliation and a sudden enlightenment on the part of the DAD, I submit that it is probably for the best interest of both of them to seek legal separation. That way, the community property of the marriage will be protected from the senseless spendings by DAD; it appearing anyway that MOM can support the children.

 

In legal separation, both parties will remain married to each other but will have to live separately. The absolute community of property will be dissolved, meaning, the debts will be liquidated and the shares of each spouse will be distributed.

 

In short, bahala na si DAD na waldasin ang pera niya pero wag na niya papakialamanan sina MOM and kids.

[deathwalk]

None.

No way they can clear the record without going through the declaration of nullity of the marriage.

 

The marriage is void from the beginning because the girl was below the age of majority which was 18. Even if the judge had the authority or the witnesses were their actual relatives or there was a valid marriage license -- all these do not change the fact that the girl was underaged.

 

Get a lawyer and file a petition for the declaration of nullity of marriage.

 

Goodluck. :thumbsupsmiley:

 

 

Thank you so much for the advice! Just need one more thing to ask. If my friend is going to file a petition for the declaration of nullity, around how much will it cost ( just an estimate) and how long does it usually take before it's granted?

Edited July 19, 2007 by deathwalk

[Wolf]

Thank you so much for the advice! Just need one more thing to ask. If my friend is going to file a petition for the declaration of nullity, around how much will it cost ( just an estimate) and how long does it usually take before it's granted?

You're welcome.

 

It will really depend on the gravity of the case and the caliber of the lawyer.

Same rule in economics applies.

 

:thumbsupsmiley:

[yellowjacket]

Sir I got problem with credit card.

 

they gave me an amnesty program sa payment unfortunately a small amount of 3k ang di ko nabayaran. after two months sinisingil nila ako ng more than 30k total overdue daw with interest of course. I am willing to pay naman kaya lang nagrequest ako sa knila ng statement of aacount para makita ko kun pano sila nag arrive sa ganun bill. ayaw nilang magbigay dahil total overdue na nga daw un. ngayon my tumawag sakin a certain tenyente guevarra at my warrant of arrest daw ako for swindling. and pa sheriff daw proprty ko. pwede ba nilang gawin un?

[Wolf]

Sir I got problem with credit card.

 

they gave me an amnesty program sa payment unfortunately a small amount of 3k ang di ko nabayaran. after two months sinisingil nila ako ng more than 30k total overdue daw with interest of course. I am willing to pay naman kaya lang nagrequest ako sa knila ng statement of aacount para makita ko kun pano sila nag arrive sa ganun bill. ayaw nilang magbigay dahil total overdue na nga daw un. ngayon my tumawag sakin a certain tenyente guevarra at my warrant of arrest daw ako for swindling. and pa sheriff daw proprty ko. pwede ba nilang gawin un?

 

Nope.

Wala pa namang complaint e.

At hindi rin swindling yun.

Sometimes, some collection agencies resort to that method, which is plain harrassment only.

[caps19s]

This is normal if you have a SATA drive and the drivers for it are installed. SATA supports hot-plugging of HDs which is why this appears on your taskbar. :headsetsmiley:

thanks a lot sir raven.

[jopoc]

Sir I got problem with credit card.

 

they gave me an amnesty program sa payment unfortunately a small amount of 3k ang di ko nabayaran. after two months sinisingil nila ako ng more than 30k total overdue daw with interest of course. I am willing to pay naman kaya lang nagrequest ako sa knila ng statement of aacount para makita ko kun pano sila nag arrive sa ganun bill. ayaw nilang magbigay dahil total overdue na nga daw un. ngayon my tumawag sakin a certain tenyente guevarra at my warrant of arrest daw ako for swindling. and pa sheriff daw proprty ko. pwede ba nilang gawin un?

 

 

no wonder lawyers find it hard to get credit cards. banned daw ang mga lawyers sa citibank and metrobank.

 

anyway, yellowjacket, that is the oldest trick in the book of collections. i suggest that you tell tinyente to come and get you. wag kang matakot. as long as you have not received a REAL court summon, you have nothing to worry. if you want, tell them that if they dont stop, you will file charges against them for criminal and civil liabilities.

 

 

but it is still best that you pay them. kahit paunti-unti lang.

[yellowjacket]

Nope.

Wala pa namang complaint e.

At hindi rin swindling yun.

Sometimes, some collection agencies resort to that method, which is plain harrassment only.

 

 

no wonder lawyers find it hard to get credit cards. banned daw ang mga lawyers sa citibank and metrobank.

 

anyway, yellowjacket, that is the oldest trick in the book of collections. i suggest that you tell tinyente to come and get you. wag kang matakot. as long as you have not received a REAL court summon, you have nothing to worry. if you want, tell them that if they dont stop, you will file charges against them for criminal and civil liabilities.

but it is still best that you pay them. kahit paunti-unti lang.

 

thank you very much for your advice Mr. Wolf and Mr. Jopoc. I'll pay them naman kaya lang para kasi kun ano gusto nilang i-bill sa yo un ang dapt bayaran ko

[wattleferdz]

Yellow, wag kang matakot sa mga colleting agents ng mga credit cards. They depend on the commission they get from collections so they resort to all kinds of stuff including harassment. Next time n tumawag sila with the same threat, tell them na magpadala nga ng sheriff pero may dapat may warrant. also tell them that they cannot levy ur property kasi super liit ng consideration to attach to ur property. Suggest u tell them n hindi tanga ung kausap nila and u know some things about ur right as a debtor.

 

If only u talk directly to the credit card company, im sure ung principal lang ang babayaran mo.

[yellowjacket]

Yellow, wag kang matakot sa mga colleting agents ng mga credit cards. They depend on the commission they get from collections so they resort to all kinds of stuff including harassment. Next time n tumawag sila with the same threat, tell them na magpadala nga ng sheriff pero may dapat may warrant. also tell them that they cannot levy ur property kasi super liit ng consideration to attach to ur property. Suggest u tell them n hindi tanga ung kausap nila and u know some things about ur right as a debtor.

 

If only u talk directly to the credit card company, im sure ung principal lang ang babayaran mo.

 

Thanks for the advice wattleferdz. actually I already talked to them matagal na. the problem is the bank can't produce the statement of account i'm requesting. kasi daw it takes a month bago daw magawa un dahil nasa archve na daw nila un. how can i able to check how much really i'm goin to pay kun wala un? ok lang sana kun ang bill is about double lang ng remaining balance ko kaya lang sagad sa buto un bill nila.

[sbc97581]

A friend of mine who works for a company who has a intrasite where in they post the regulations of the company. Including a section stating that all forms of unions are strictly prohibited (such as credit, labor and others) First offence will be issued a notice to decease, 2nd Offence Termination.

 

Does this fall under unfair labor practice? If so how can he document it and where to file the complaint or case?

Edited July 21, 2007 by sbc97581

[crazykalbo]

First off, get the numbers of those bitches and send them to me.

Just kidding.

Wehehe

 

Barring any reconciliation and a sudden enlightenment on the part of the DAD, I submit that it is probably for the best interest of both of them to seek legal separation. That way, the community property of the marriage will be protected from the senseless spendings by DAD; it appearing anyway that MOM can support the children.

 

In legal separation, both parties will remain married to each other but will have to live separately. The absolute community of property will be dissolved, meaning, the debts will be liquidated and the shares of each spouse will be distributed.

 

In short, bahala na si DAD na waldasin ang pera niya pero wag na niya papakialamanan sina MOM and kids.

 

thanks for the info sir. sinabihan din ako ng friend ko who's in law school right now that my girlfriend's mom can make a complaint against the act of concubinage and makukulong daw si dad and his 2 bitch-kabit? hehe, if this true, then we would love to see these 3 go to jail.. hahaha!

[HimuraButosay]

doing this for a friend

 

Mrs.M and her husband are both living separately, with the husband working overseas in the US.

 

Mrs.M has her 2 kids with her (aged 8 & 5), she does not have a job right now, she is living with her mother (biological).

 

Mrs.M is aware that her husband is having an affair and has already filed for annulment, but unfortunately, the husband had it cancelled.

 

And the financial support that the husband is supposed to give to Mrs.M and their 2 kids is being coursed thru the mother-in-law (her husband's mother), which Mrs.M believes is unfair since she is still the legal wife. She strongly believes that both her husband & her mother-in-law are conniving & are intentionally doing this.

 

now my questions for the in-house lawyers are..

 

1st question... can Mrs.M file for annulment herself when she has proven that her husband has a relationship outside of their marriage even though she doesn't have solid proof?

 

2nd question... can she file a case against her husband citing R.A.9262?

 

3rd question... should she win & the annulment takes effect, can the wife still file for child support (she has 2 kids)? can she ask the court to course the monetary support thru her and not thru the mother-in-law?

 

 

thanks in advance for your assistance, more power to you :goatee:

Edited July 21, 2007 by HimuraButosay

[Wolf]

A friend of mine who works for a company who has a intrasite where in they post the regulations of the company. Including a section stating that all forms of unions are strictly prohibited (such as credit, labor and others) First offence will be issued a notice to decease, 2nd Offence Termination.

 

Does this fall under unfair labor practice? If so how can he document it and where to file the complaint or case?

Yes, it is unfair labor practice.

The complaint should be filed with the NLRC.

Any company document containg this policy with these prohibitions can be sufficient.

[Wolf]

thanks for the info sir. sinabihan din ako ng friend ko who's in law school right now that my girlfriend's mom can make a complaint against the act of concubinage and makukulong daw si dad and his 2 bitch-kabit? hehe, if this true, then we would love to see these 3 go to jail.. hahaha!

You're welcome.

 

The thing with concubinage is that only the guilty married man will go to jail.

The concubine will be punished only with destierro, that is, she will be prohibited to go to a certain place within a time period. No imprisonment for the concubine. :thumbsdownsmiley:

[Wolf]

doing this for a friend

 

Mrs.M and her husband are both living separately, with the husband working overseas in the US.

 

Mrs.M has her 2 kids with her (aged 8 & 5), she does not have a job right now, she is living with her mother (biological).

 

Mrs.M is aware that her husband is having an affair and has already filed for annulment, but unfortunately, the husband had it cancelled.

 

And the financial support that the husband is supposed to give to Mrs.M and their 2 kids is being coursed thru the mother-in-law (her husband's mother), which Mrs.M believes is unfair since she is still the legal wife. She strongly believes that both her husband & her mother-in-law are conniving & are intentionally doing this.

 

now my questions for the in-house lawyers are..

 

1st question... can Mrs.M file for annulment herself when she has proven that her husband has a relationship outside of their marriage even though she doesn't have solid proof?

 

2nd question... can she file a case against her husband citing R.A.9262?

 

3rd question... should she win & the annulment takes effect, can the wife still file for child support (she has 2 kids)? can she ask the court to course the monetary support thru her and not thru the mother-in-law?

thanks in advance for your assistance, more power to you :goatee:

 

Q1: No. By itself, infidelity is NOT a ground for annulment of marriage or declaration of nullity of marriage. At best, it is a ground for legal separation only.

 

Q2: Yes, definitely.

 

Q3: Yes, the kids will still be entitled to support from the father and it can be coursed through the mother (but this should be alleged and proven with merit).

[wattleferdz]

A friend of mine who works for a company who has a intrasite where in they post the regulations of the company. Including a section stating that all forms of unions are strictly prohibited (such as credit, labor and others) First offence will be issued a notice to decease, 2nd Offence Termination.

 

Does this fall under unfair labor practice? If so how can he document it and where to file the complaint or case?

 

 

Yes, it is a classic example of unfair labor practice by the employer and a clear violation of one's right to peaceably assemble.

 

Suggest that you print such regulation, file a complaint with the NLRC and attach said printed copy as proof.

[dudsi]

i issued a check for 100,000 pesos as guarantee of payment to my loan to an individual. though, we have a verbal agreement that it will only serve as acknowledgement of my obligation since he is aware that i am not still capable of funding the check.

 

my question is:

 

if in case he deposited the check without my consent, what will be the corresponding penalty under bp22? can i be charged for estafa even if there was a verbal agreement that the check issued was only to serve as guarantee of payment since no agreement was entered during the granting of loan.

[jojoendejr]

Thanks for the advice wattleferdz. actually I already talked to them matagal na. the problem is the bank can't produce the statement of account i'm requesting. kasi daw it takes a month bago daw magawa un dahil nasa archve na daw nila un. how can i able to check how much really i'm goin to pay kun wala un? ok lang sana kun ang bill is about double lang ng remaining balance ko kaya lang sagad sa buto un bill nila.

 

Points of fact:

 

1. If u used a credit card, all of the amounts u used will earn interest and if u don't pay in time, there is such a thing as interest earning interest (that's the simplest way I know to explain it. It's called compounded interest). This explains why astronomical ang laki ng sinasabi nilang utang mo.;

 

2. Once hindi ka nila mapilit na magbayad for quite sometime, most likely ay ilalagay nga nila sa archives ang utang mo and will be considered as old account. If this is the case, the company will take either option: File a collection case against u or refer your account sa isang collection agency.

 

3. The contract of a collection agency with the lending company (bank or any financing company) is that the collection agency will get a collection commission (percentage) in the amount actually collected. (This will explain why they will resort to all kinds of scheme para takutin ang borrower). If the collection agency will find it almost impossible to collect from you, soon they will stop harassing you. Reason: They are not getting paid from collection from you. Bottomline: Ignore them.

 

4. The bank or lending company will almost always refuse to give you a latest statement once nai-refer na nila sa collection agency ang account mo. Probable reason: Nai-declare na nila na "bad debts" ang utang mo, meaning, hindi na ma-collect. This is actually the real reason kaya inilapit na nila ito sa collection agency.

 

Hope this tidbits enlighten u. I should know...part ito ng trabaho ko as a lawyer. Hehe...