legal Free Legal Advice

[jojoendejr]

A criminal case has been archived due to the failure of the complainant to actively pursue the case. What will happen now to the warrant of arrest issued against the accused? Does he have to post bail still? What actions should the accused do to be able to have the case dismissed? Thanks

 

supplemental:

 

But if I'm the accused, why agree to an Order archiving the case? Normally, I generally move for the provisional dismissal of the case. Sometimes, I try my luck by requesting trhe Court to direct the Prosecution to prove their acse (which of course they cannot because of the non-appearance of the complainant). In such a situation, a dismissal is final and not merely provisional in character. Remember kid, that if a dismissal is provisional in character, it can be re-opened anew once the complainant appears.

[webmaster_ph]

supplemental:

 

But if I'm the accused, why agree to an Order archiving the case? Normally, I generally move for the provisional dismissal of the case. Sometimes, I try my luck by requesting trhe Court to direct the Prosecution to prove their acse (which of course they cannot because of the non-appearance of the complainant). In such a situation, a dismissal is final and not merely provisional in character. Remember kid, that if a dismissal is provisional in character, it can be re-opened anew once the complainant appears.

 

makes sense...

 

it's better to take advantage of the non-appearance of the complainant.

[cirrus2007]

Article 41 of the Family Code

 

 

There are four (4) requisites for the declaration of presumptive death under Article 41 of the Family Code:

 

1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code;

 

2. That the present spouse wishes to remarry;

 

3. That the present spouse has a well-founded belief that the absentee is dead; and

 

4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.

----

 

bro, sent you PM! Thanks!

[webmaster_ph]

are there any lawyer groups that offer their services pro-bono?

[Dr_PepPeR]

are there any lawyer groups that offer their services pro-bono?

 

A. Private Organizations:

 

University of the Philippines Legal Aid Clinic

 

Free Legal Assistance Group (FLAG)

 

Philippine Bar Association

Integrated Bar of the Philippines

National Office - Ortigas Center

Provincial Offices

 

...and other individual or groups of lawyers

who are ethically bound by law to extend

legal assistance on meritorious cases.

 

B. Public:

 

If you are complaining in a criminal case - the Fiscal is, in a way, your lawyer. But if you are defending in a criminal case, a P.A.O. lawyer will be assigned to you in court.

 

If you are complaining in a labor case(a case against your employer) - your complaint may be received for arbitration but if no settlement is reached, the Labor Arbiter may refer you to a lawyer for free assistance.

 

But in all instance, there is no such thing as absolutely "free" legal service. You will have to spend for the costs of documentation (paper works), court costs and fees, transportation, etc., etc., while your case is being attended to by your lawyer.

[webmaster_ph]

hmmm... interesting. thanks bro.

 

just wanted to find out if there are such groups like those in the usa.

[charmed shannen]

A contract of lease was executed in December 1971 for an initial term of 20 years subject to renewal between a corporation and a city government. A mall was constructed in a portion of the land covered by the lease. A portion of the mall constituting 22 units of commercial spaces including leasehold rights were transferred to a bank by way of dacion en pago for full settelment of a loan obligation. there was a proposal for the sale of leasehold rights on the said commerical units and on September 2003, sale of leasehold rights was totally consumated and as a consequence, VAT and DST were paid and remitted to the BIR.

 

Questions:

 

1) Was the transaction subject to VAT inasmuch as the instrument executed was one of assignment of rights which did not vest title to the transferee;

 

2) Was the transaction subject to capital gains tax, creditable withholding tax, documentary stamp tax, and VAT under Section 196 of the TAX Code?

 

3) Was the transaction partook of the nature of a sale of assignment of real property?

 

4) Was the contention that the deed of assignment was not a deed of sale because what was conveyed by the assignor was not the property but the rights pertaining to such property tenable?

 

5) Was the transaction entered in to by the bank with an individual and/or corporation was subject to VAT that was subsequently passed on to the buyer or assignee?

 

6) Was the classification of the property rights and interests subject of thet sale/assignment was correctly booked as ROPOA (real and other property owned and acquired or a property)?

 

7) Is a property acquired by way fo dacion en pago to satisfy borrower's loan obligation can be classified as ordinary asset?

 

As usual, thank you very much for all the help.

[Butsoy]

hello guys:

 

nangungumusta lang... madami na ba clients natin dito? hehehehe how do you find this page?

 

Butsoy

[Wyld]

Quick question.

 

Is the sale of piranhas legal in the Philippines?

 

Thanks.

[rocco69]

Dahil sa masamang epekto na maaaring maidulot ng pagpasok sa bansa ng "alien aquatic species", bawal ang pag-import ng piranha. Ayon sa Section 10 ng RA 8550:

 

“No foreign finfish, mollusk, crustacean or aquatic plant shall be introduced in Philippine waters without a sound ecological, biological and environmental justification based on scientific studies and subject to biosafety standards as provided by existing laws;….”

 

Alinsunod na rin dito, bawal din ang pagbebenta, pagbili, at pag-aalaga nito. May rules and regulations na naipalabas na tungkol dito ang Bureau of Fisheries and Aquatic Resources (BFAR). Kaya nga paminsan-minsan, may mababasa ka sa diyaryo na raid sa mga petshop o di kaya confiscation sa airport involving piranhas.

 

Quick question.

 

Is the sale of piranhas legal in the Philippines?

 

Thanks.

[jojoendejr]

Dahil sa masamang epekto na maaaring maidulot ng pagpasok sa bansa ng "alien aquatic species", bawal ang pag-import ng piranha. Ayon sa Section 10 ng RA 8550:

 

“No foreign finfish, mollusk, crustacean or aquatic plant shall be introduced in Philippine waters without a sound ecological, biological and environmental justification based on scientific studies and subject to biosafety standards as provided by existing laws;….”

 

Alinsunod na rin dito, bawal din ang pagbebenta, pagbili, at pag-aalaga nito. May rules and regulations na naipalabas na tungkol dito ang Bureau of Fisheries and Aquatic Resources (BFAR). Kaya nga paminsan-minsan, may mababasa ka sa diyaryo na raid sa mga petshop o di kaya confiscation sa airport involving piranhas.

 

 

True. And the reason behind this is that piranhas are not native to the Philippines and the introduction of such creatures in our waters may prove disastrous to native elements and creatures endemic to our natural environment. Take the example of what's happenin now at Manila Bay and Laguna Lake. Some stupid people dumped janitor fishes and now, these fishes are threatening the local fish population. Their population exploded exponentially! Shucks!

[Wyld]

^ Maraming salamat, mga Ginoong Manananggol.

Edited October 26, 2007 by Wyld

[webmaster_ph]

Dahil sa masamang epekto na maaaring maidulot ng pagpasok sa bansa ng "alien aquatic species", bawal ang pag-import ng piranha. Ayon sa Section 10 ng RA 8550:

 

“No foreign finfish, mollusk, crustacean or aquatic plant shall be introduced in Philippine waters without a sound ecological, biological and environmental justification based on scientific studies and subject to biosafety standards as provided by existing laws;….”

 

Alinsunod na rin dito, bawal din ang pagbebenta, pagbili, at pag-aalaga nito. May rules and regulations na naipalabas na tungkol dito ang Bureau of Fisheries and Aquatic Resources (BFAR). Kaya nga paminsan-minsan, may mababasa ka sa diyaryo na raid sa mga petshop o di kaya confiscation sa airport involving piranhas.

 

ditto. this will unbalance the phils.' ecology system w/c would prove disastrous.

[nissan_r32]

hello mga masters!

 

im an ofw based in malaysia. matatapos na contract ko within this year, im planning to bring home a TV since mas mura kung bibilhin ko dito sa ibang bansa.

 

question,

may exceptions ba sa duties or taxes para sa mga ofw na kagaya ko? if not, ano ang mga kailangan kong bayarang mga duties? isa lang naman and for personal use

 

hope you guys can help me out.

 

thanks in advance mga masterz!

[webmaster_ph]

afaik, duties are for brand new items.

 

so it follows...just make it look like its a used item.

 

furthermore, balikbayans have an exemption.

 

i think its around usd 2k.

 

check out the poea website for details.

[john_locke]

Hello guys!

 

Advise naman po...we have this co-owner (he owns 60%) of our contracting firm, and, at the same time, he also happens to own another company which is basically a dealer/importer of goods (which he owns this 100%).

 

Now...what he did, is that he deactivated our contracting firm's accreditation with one of our major client...without our knowledge...and...he made his way to accredit his own firm so that every orders/contracts will be awarded to his own firm. Just recently...our contracting firm won a bidding worth million pesos...when our client informed us that they cannot award it to our firm because we are no longer accredited, and instead...they will award this contract to the other firm which is own by our co-owner.

Ang question ko lang po... 1) may mai-kakaso ba kami sa co-owner naming yun?

2) in our case, kung kakalas na lang kami sa partnership, ano ang mga valid reasons namin to wind it up?

 

Maraming maraming salamat po.

[webmaster_ph]

wasn't there any safety clauses in your contract w/ the co-owner?

[john_locke]

wasn't there any safety clauses in your contract w/ the co-owner?

 

our contract or the "articles of incorporation" are just the standard format from the philippine securities and exchange commission (SEC), i dont remember any safety clauses written. Do we still have a case, civil or criminal? Thanks

[moichi]

bossing,

 

question po?

 

am part-owner of a small consulting company. corporation po kami. 2 years na in operation.

 

i talked to my partners, and we ended up agreeing to put the company in the freezer, kasi, they're all employed and ako naman, magbabalik sa trabaho din.

 

kaya lang ayaw naman naming i-dissolve yung company kasi baka 3-5 years from now, we'll make it active again.

 

we've been religious about our obligations sa munisipyo (biz permit, bir forms, etc.) up to the present.

 

ano po ba ang dapat naming gawin if we want to keep the company in good standing, pero wala namang babayaran kasi di naman siya operable for the next 3 years?

[rocco69]

It's not clear if your contracting "firm" is a corporation or not. If it is a corporation, then your co-owner would be a director of the corporation. His act would then fall under Article 34 of the Corporation Code - disloyalty of a director, as follows:

 

Sec. 34. Disloyalty of a director. — Where a director, by virtue of his office, acquires for himself a business opportunity which should belong to the corporation, thereby obtaining profits to the prejudice of such corporation, he must account to the latter for all such profits by refunding the same, unless his act has been ratified by a vote of the stockholders owning or representing at least two-thirds (2/3) of the outstanding capital stock. This provision shall be applicable, notwithstanding the fact that the director risked his own funds in the venture.

 

He would thus have to account to the corporation for any profits that he may make out of the transaction. You can file a civil case with the RTC for this.

 

If it's only a partnership, then Article 1808 of the Civil Code applies:

 

Art. 1808. The capitalist partners cannot engage for their own account in any operation which is of the kind of business in which the partnership is engaged, unless there is a stipulation to the contrary.

Any capitalist partner violating this prohibition shall bring to the common funds any profits accruing to him from his transactions, and shall personally bear all the losses. (n)

 

Clearly, he would also be liable for the profits that he makes. Again, a case can be filed against him with the RTC.

 

There would also be a valid reason to terminate the partnership. According to Art. 1831:

 

 

Art. 1831. On application by or for a partner the court shall decree a dissolution whenever:

 

xxx xxx xxx

 

(3) A partner has been guilty of such conduct as tends to affect prejudicially the carrying on of the business;

(4) A partner wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable to carry on the business in partnership with him;

 

xxx xxx xxx

 

Hope this helps.

 

Hello guys!

 

Advise naman po...we have this co-owner (he owns 60%) of our contracting firm, and, at the same time, he also happens to own another company which is basically a dealer/importer of goods (which he owns this 100%).

 

Now...what he did, is that he deactivated our contracting firm's accreditation with one of our major client...without our knowledge...and...he made his way to accredit his own firm so that every orders/contracts will be awarded to his own firm. Just recently...our contracting firm won a bidding worth million pesos...when our client informed us that they cannot award it to our firm because we are no longer accredited, and instead...they will award this contract to the other firm which is own by our co-owner.

Ang question ko lang po... 1) may mai-kakaso ba kami sa co-owner naming yun?

2) in our case, kung kakalas na lang kami sa partnership, ano ang mga valid reasons namin to wind it up?

 

Maraming maraming salamat po.

[rocco69]

Off-hand, you'd still have to submit to the SEC all the financial reports being required to be submitted. Also, all the obligations to the municipality have to be updated.

 

bossing,

 

question po?

 

am part-owner of a small consulting company. corporation po kami. 2 years na in operation.

 

i talked to my partners, and we ended up agreeing to put the company in the freezer, kasi, they're all employed and ako naman, magbabalik sa trabaho din.

 

kaya lang ayaw naman naming i-dissolve yung company kasi baka 3-5 years from now, we'll make it active again.

 

we've been religious about our obligations sa munisipyo (biz permit, bir forms, etc.) up to the present.

 

ano po ba ang dapat naming gawin if we want to keep the company in good standing, pero wala namang babayaran kasi di naman siya operable for the next 3 years?

[moichi]

Off-hand, you'd still have to submit to the SEC all the financial reports being required to be submitted. Also, all the obligations to the municipality have to be updated.

 

ganun po ba?

 

so we keep filing all the monthly, quarterly and annual reports, kahit walang operasyon.

 

ano pong ilalagay namin dun, "stop operations"? "freeze operations"? "cease operations"? "no operations"?

[webmaster_ph]

quite expensive to maintain it when not in operation.

 

just my two cents... :

[rocco69]

I agree. Corporations who fail to submit General Information Sheets and Financial Statements for the last six (6) years to the SEC may have their Certificates of Registration revoked. Kaya lang, SRC Rule 68 requires that financial statements to be filed with the Commission must be audited by an external auditor and must be prepared and presented in conformity with the generally accepted accounting principles in the Philippines, kaya kahit di kayo nag-ooperate gagastos pa rin kayo sa accountant (who has to be accredited with the SEC). Magkano ang ibabayad nyo sa accountant compared sa pag-rehistro ng bagong corporation na ala pa atang 3 libo. Dagdag mo pa yung pagre-renew ng mga busines permit nyo annually

 

quite expensive to maintain it when not in operation.

 

just my two cents... :

[webmaster_ph]

i talked to my partners, and we ended up agreeing to put the company in the freezer, kasi, they're all employed and ako naman, magbabalik sa trabaho din.

 

i suggest that the business be sustained unless its not profitable.