legal Free Legal Advice

[bonito99]

minimum of incorporators is 5.

 

max is 15.

[webmaster_ph]

minimum of incorporators is 5.

 

max is 15.

 

so the term partnerships are literal in meaning.

 

good info bro.

[rico_chet]

it will be a corporation already if you have more than one partner.

 

 

with all due respect, I disagree, there is no general law stating that if you have more than one partner, our general partnership will be a corporation.

 

It will be a corporation, if you incorporate. If you add in another general partner, the legal effect would be the dissolution of the old partnership and the creation of another, however, there is really no actual requirement for this, except for accounting purposes.

[Dr_PepPeR]

its a big hassle when you're loved ones didn't leave a will.

 

in relation to this: how does one go about declaring/filing a will?

 

There are two ways to make a will:

 

1. Holographic Will - entirely written dated and signed by the testator.

 

2. Notarial Will - complies with all the civil code requirements for a notarial will.

 

In both cases, the wills must be presented for probate in court. This can be done even while the testator is still alive, so that he/she knows the will is valid.

[Dr_PepPeR]

with all due respect, I disagree, there is no general law stating that if you have more than one partner, our general partnership will be a corporation.

 

It will be a corporation, if you incorporate. If you add in another general partner, the legal effect would be the dissolution of the old partnership and the creation of another, however, there is really no actual requirement for this, except for accounting purposes.

 

I tend to agree. It's up to you whether to organize as a partnership or corporation.

[senestroring]

Guys, I've read this item in the pickup thread, how can we defend ourselves in situation such as the one listed below:

 

"Mga MTC members warning lang sa inyo about working girls for hire na in the end huli-dap pala na scam. Ang pangalan ni ay KC around 5ft mukang bata itsura around 18. My friend got her services about 2-3 months ago. My friend paid 3500 pesos for their first two encounters. But on the third service, she said lets meet up around sta mesa area in quezon city. He met my friend at SM sta mesa around 8pm. My friend said that lets just go to pasig, mas marami kasing motel dun. KC said wag nalang dito nalang sa sta mesa, ayaw ko rin kasi lumayo. Then, they went to a sta mesa motel. Once checked in, my friend notice na constant ang gamit ng cell phone ni KC, text ba ng text. They finally did it, after a few minutes nag text uli si kc to someone. Then suddenly someone came knocking hard at the door. When he opened it, there were policeman outside on civilian clothes. Para bang raid yung dating. They took pictures of my friend and KC naked, and even got the condom for evidence daw. My friend was brought to a police station somewhere in Manila. He was put into jail. The police said he was being charged with abduction. My friend was so confuse and don't know what to do. He said abduction, I didn't abduct anybody. I was with KC and I didn't abduct her. My friend finally realized that he was sucked into a huli-dap scam. KC was nowwhere to be found. He tried calling KC but her cell phone is already turned off. KC and the manila police station were in connivance in the scam. The kept telling my friend that he should just settle it with KC's aunt para di na ituloy yung charges na abduction. Kasi sabi ng police na wag na nating paabutin ng umaga ito kasi baka may media na dumating and gumawa ng report sa kaso mo. Sabi rin ng police para hindi narin ma inquest ito sa judge and di ka mag karoon ng record. You can really smell that lots of members of that police station were part of the scam scheme. KC's aunt finally arrived at the police station. Isang lingo na daw na hinahanap si KC, may nakapag tip daw sa kanya na may naka ikita ka KC sa motel sta mesa. Hmmm, grabe itong scam na ito pati police station sangkot. Pati yung police womens desk kasama sa scam. Kasi siya yung nag initiate na kausapin nalang yung aunt ni KC na ayusin nalang yung problema. Pumunta yung babain police sa room with supposedly aunt daw ni KC. After 30 minutes bumalik sa friend ko na payag daw i-atras yung kaso sa friend ko for 100 thousand. Wow nagulat friend ko. Wow grabe, ang sabi niya, hindi ko ini-abuct yung si KC sumama siya sa akin ng kusa. Well, my friend negotiated the price for an hour from 100k, they lowered it to 50k, and finally to 25k. Yung lang kasi pera ng friend ko sa atm account niya He paid the supposedly aunt of KC and he was release 30 minutes after. After the incident, he said to me, pare ang mahal na call girl yun ha 25k. I think the police station is in sta cruz or sta ana. Basta its beside the church. Grabe yung scam na ito. Guys heads up lang tayo sa ganitong scam. Gusto sanang balikan ng friend ko yung police station at i complain sa media kaya lang lalabas kasi pangalan niya and malalaman ng family niya. Kinuha nalang ng friend ko yung plate number nung private blue motorcyle ng police para pag nakita niya sa daan, sasagasaan nalang niya. Ang plate number pala is OY 5305. I'll post also the picture of KC (the call girl scam artist). Wala na yung cell number niya, di na gumagana. So guys, take a look at this picture para hindi kayo ma scam for 25k and di kayo makulong for 3 hrs with hoodlum. Grabe nakaka takot daw sa kulungan. "

[webmaster_ph]

good afternoon to all.

 

is it required to register a business w/ sec on single proprietorship?

 

if not, so that means the business has only to register w/ dti.

 

is this correct?

[Dr_PepPeR]

good afternoon to all.

 

is it required to register a business w/ sec on single proprietorship?

 

if not, so that means the business has only to register w/ dti.

 

is this correct?

 

Correct

Edited November 17, 2007 by Dr_PepPeR

[Larry]

hey legal dudes/dudettes

 

don't know if this has been asked before, but I just wanna know if you guys have any advice on non-compete clauses.

 

our company is trying to get an executive from a competitor, but he's currently under a non-compete agreement with his current employer. I know this usually doesn't mean anything but is really more of a tool to scare people out of leaving the company, but mr. executive won't move unless I figure out a way around this.

 

do you guys know of any way to get around a non-compete clause?

[webmaster_ph]

hi to all,

 

how much does bir deduct from business' gross sales? 12%? 20%?

 

what is withholding tax? is that deductible too? afaik, its only related to employee income.

 

does bir have the authority to tax business income when it comes from overseas?

 

thanks in advance.

[donpepot0902]

hello guys!!

 

i just have a legal problem and very personal..something to do about cenomar/NSO..any past experiences?if you have one i have a very personal question about it,if you guys can send a pm na lang..i'll reply immediately..thanks!!!

[rafer_alston]

i also want to consult about family matters....

 

hindi sa will, more on sa wife and child ko..

 

PM ko na lang to the one who will help me..

 

thanks..

[scooby91]

tanung lng po... upon death of a parent/s, pass on po ba sa mga anak ang utang nila? (i.e housing, auto loans, credit card)?

[rocco69]

Nope. Ito ay sinasagot ng mga ari-ariang naiwan nila.

 

In other words, ang manang makukuha ng mga tagapagmana nila ay kung ano ang maiiwan sa ari-arian ng kanilang magulang pagkatapos ibawas ang mga utang ng namatay mula dito.

 

Ang formula ay Gross Estate - Debts = Net Estate

 

Ang Net Estate na lang ang mapupunta sa mga heredero. Kaya, kung ang utang ay parehas o mas mas malaki sa ari-arian, wala nang makukuha ang mga heredero (Note: hindi namamana ang utang kaya kung kulang ang ari-arian kumpara sa utang, sorry na lang ang nagpautang dun sa kulang)

 

tanung lng po... upon death of a parent/s, pass on po ba sa mga anak ang utang nila? (i.e housing, auto loans, credit card)?

[badblizzard]

Guys, I've read this item in the pickup thread, how can we defend ourselves in situation such as the one listed below:

 

"Mga MTC members warning lang sa inyo about working girls for hire na in the end huli-dap pala na scam. Ang pangalan ni ay KC around 5ft mukang bata itsura around 18. My friend got her services about 2-3 months ago. My friend paid 3500 pesos for their first two encounters. But on the third service, she said lets meet up around sta mesa area in quezon city. He met my friend at SM sta mesa around 8pm. My friend said that lets just go to pasig, mas marami kasing motel dun. KC said wag nalang dito nalang sa sta mesa, ayaw ko rin kasi lumayo. Then, they went to a sta mesa motel. Once checked in, my friend notice na constant ang gamit ng cell phone ni KC, text ba ng text. They finally did it, after a few minutes nag text uli si kc to someone. Then suddenly someone came knocking hard at the door. When he opened it, there were policeman outside on civilian clothes. Para bang raid yung dating. They took pictures of my friend and KC naked, and even got the condom for evidence daw. My friend was brought to a police station somewhere in Manila. He was put into jail. The police said he was being charged with abduction. My friend was so confuse and don't know what to do. He said abduction, I didn't abduct anybody. I was with KC and I didn't abduct her. My friend finally realized that he was sucked into a huli-dap scam. KC was nowwhere to be found. He tried calling KC but her cell phone is already turned off. KC and the manila police station were in connivance in the scam. The kept telling my friend that he should just settle it with KC's aunt para di na ituloy yung charges na abduction. Kasi sabi ng police na wag na nating paabutin ng umaga ito kasi baka may media na dumating and gumawa ng report sa kaso mo. Sabi rin ng police para hindi narin ma inquest ito sa judge and di ka mag karoon ng record. You can really smell that lots of members of that police station were part of the scam scheme. KC's aunt finally arrived at the police station. Isang lingo na daw na hinahanap si KC, may nakapag tip daw sa kanya na may naka ikita ka KC sa motel sta mesa. Hmmm, grabe itong scam na ito pati police station sangkot. Pati yung police womens desk kasama sa scam. Kasi siya yung nag initiate na kausapin nalang yung aunt ni KC na ayusin nalang yung problema. Pumunta yung babain police sa room with supposedly aunt daw ni KC. After 30 minutes bumalik sa friend ko na payag daw i-atras yung kaso sa friend ko for 100 thousand. Wow nagulat friend ko. Wow grabe, ang sabi niya, hindi ko ini-abuct yung si KC sumama siya sa akin ng kusa. Well, my friend negotiated the price for an hour from 100k, they lowered it to 50k, and finally to 25k. Yung lang kasi pera ng friend ko sa atm account niya He paid the supposedly aunt of KC and he was release 30 minutes after. After the incident, he said to me, pare ang mahal na call girl yun ha 25k. I think the police station is in sta cruz or sta ana. Basta its beside the church. Grabe yung scam na ito. Guys heads up lang tayo sa ganitong scam. Gusto sanang balikan ng friend ko yung police station at i complain sa media kaya lang lalabas kasi pangalan niya and malalaman ng family niya. Kinuha nalang ng friend ko yung plate number nung private blue motorcyle ng police para pag nakita niya sa daan, sasagasaan nalang niya. Ang plate number pala is OY 5305. I'll post also the picture of KC (the call girl scam artist). Wala na yung cell number niya, di na gumagana. So guys, take a look at this picture para hindi kayo ma scam for 25k and di kayo makulong for 3 hrs with hoodlum. Grabe nakaka takot daw sa kulungan. "

 

 

Asan na yung pic nung KC girl? Mahirap ma hulidap. Grabe mga pulis ngayon :thumbsdownsmiley: :thumbsdownsmiley: :thumbsdownsmiley: , I don't feel comfortable with them around. Hays!!!

[redax]

See Art. 978-1014, Civil Code.

 

Ang importante lang, pag ganyang walang will, hahatiin muna ang ari-arian ng mag-asawa (1/2 pag-aari ng lalaki, 1/2 pag-aari ng babae).

 

Yung 1/2 na pag-aari ng lalaki, mapupunta sa kanyang tagapagmana. Ito yung kanyang mga anak tsaka yung asawa.

 

Bale, sa ari-arian ng lalaki, kalahati mapupunta sa mga tunay na anak (paghahati-hatian nila yun). Kung ano ang parte ng isang tunay na anak, ganun din ang parte nung asawa (kukunin ang parte ng asawa sa naiiwang parte).

 

Yung mga anak sa labas, ang makukuha, kalahati nung share ng tunay na anak (ex. kung 1.2M ang napunta sa lalaki at dalawa ang tunay nyang anak at dalawa din ang anak sa labas - 600T mapupunta dun sa dalawang tunay na anak (tig 300T sila). Yung asawa 300T din. Yung mga anak sa labas, kalahati lang ng 300T, bale tig 150T sila). Note that kung sobrang dami ng anak sa labas, paghahati-hatian na lang nila ang maiiwang parte after makuha ng mga tunay na anak at asawa ang parte nila (eg. kung apat ang anak sa labas, instead of dalawa lang dun sa dati nating example, tig 75T na lang sila.

 

Yung mga kabit, wala silang makukuha.

 

Kung magkakasundo-sundo ang mga heredero, pwede nilang gawin ang hatian sa pamamagitan ng "Extrajudicial Settlement of Estate", isa itong kasulatan kung saan nakasaad ang napag-usapang hatian ng mga heredero. Kung di sila magkasundo, kelangan pumunta sa korte para huwes na ang maghati-hati ng mga naiwang ari-arian ng namatay.

 

This will only apply under the regime of absolute community of property. If his parents were married before the effectivity of the Family Code in 1988, they might be under the regime of conjugal partnership of gains wherein capital, paraphernal and conjugal properties have to be identified and distributed according to law. It would be imperative to determine under which regime their property relations are governed.

[arnel_gumaru]

inquiry lang po sa mga legal folks dito sa mtc. my brother was mauled by 4 tambays, napagtripan. ano'ng crime ang kinommit nila at violation ng ano'ng law?

 

thanks!

[SpecNyt]

Hello lawyers of mtc,

 

have a question regarding copyrighting. my girlfriend is just getting into designing webpage layouts and we want to know how copyright law applies here? and how do we get a copyright in the first place. we're kinda clueless on the copyrighting procedure.

 

and one more thing, the first layout my girlfriend made for a certain mining company didn't have a contract, all negotiations were made through email, and after sending the proposed layouts, company hasn't given any reply for around 1 month already. we're actually worried that they might copy her designs and use it for their company's website. are the email negotiations valid as any form of evidence?

 

thank you.. hope to hear from you guys soon..

[pogingpogi2x]

mga bossing tnaong ko lang:

 

sister ko di sila pinapasweldo ng ilang months na, tapos nalaman nya na di pala hinuhulog yung mga SSS contributions nya ano ang magandang gawin para maibigay na sa kanya agad yung sweldo nya at pano yung sa SSS nya? thanks.

[dylandark]

ayon sa liam law vs sawmill, inexistent na ang usury law dahil sa circular no 905 ng central bank. Can a mere circular amend or repeal a law? thanks.

[rocco69]

Ayon mismo sa Usury Law (Act 2655), as amended by P.D. No. 166, "the rate of interest for the forbearance of money when secured by a mortgage upon real estate, should not be more than 6% per annum or the maximum rate prescribed by the Monetary Board of the Central Bank of the Philippines in force at the time the loan was granted.

 

Ibig sabihin may kapangyarihan ang CB sa ilalim ng batas na magsabi kung ano ang maximun interest rate, na siya namang ginawa nito ng ilabas nito ang Circular 905.

 

Dagdag pa dito, sinabi na rin ng Korte Suprema na:

 

CB Circular No. 905 did not repeal nor in anyway amend the Usury Law but simply suspended the latter's effectivity. (Security Bank and Trust Company vs. Regional Trial Court of Makati, Branch 61, G.R. No. 113926, 23 October 1996)

 

Hope this clarifies matters.

 

ayon sa liam law vs sawmill, inexistent na ang usury law dahil sa circular no 905 ng central bank. Can a mere circular amend or repeal a law? thanks.

[webmaster_ph]

hi distinguished lawyers:

 

just a follow-up to this question.

 

thanks in advance!

[webmaster_ph]

in business partnerships:

 

what are the differences between general and limited?

 

what are the advantages and disadvantages of each?

 

pls. help.

[SamanthaJones]

my question i regarding sss benfits..im not really sure if this is the right thread to ask this but here goes..

 

my dad dies a few weeks ago. he used to be an sss pensioner recieving pension checks for his retirment benefits and the other check for my mom who died few years ago. i'm the youngest and i happen to be 29 already. my understanding is that if my dad doesnt remarry, i would stay as his beneficiary but only if im less than 21 right? since im already 29 since his pension will be cut off already right? and is it true that since he died this month, they will not be sending his 13 month pesnion anymore including his december pension, is that true? they also mentioned that the money he left at the bank(pension for the month of november that he got beofre he died) will be sent back to sss and all of us (my 3 brothers) would need to file a death claim for it. are all those true? please enlighten me regarding all these. thanks.

 

sam

[webmaster_ph]

condolence to you SamanthaJones

 

afaik, the remaining pension should be turned over to the heirs in lump sum.