legal Free Legal Advice

[jojoendejr]

And if may I add to that, don't sleep on it. You only have four (4) years to file the criminal case (Anti-Bouncing Check) from the time the checks bounced. After that period, you can no longer file the criminal case except for collection of the amount involved (civil case).

[pussyeater69ph]

Help lang po sa mga lawyers natin just wanna ask po

 

here is my story way back 2006 a cousin of mine borrowed an amount of money in a certain financing company for her travel expenses she an ofw since she need two co borrower me and my brother eh pumayag na maging co borrower nya we prepared all documents etc we went to a certain to open an account and signed post dated check kasi dun sa account dun nya ipapasok yung downpayment sa inutang nya afterward we went back to the financing company to get her loan money after that she went to malaysia but after a days lang bumalik sya dahil yung employer nya eh inaapi daw sya. our problem started nun hindi sya nakakabayad eventually demand letter eh dumating sa amin 3 sa kanya at sa amin magkapatid nakusap sya sa company kung pwede hulugan so pumayag naman yung company pero dami nya lapses as in dami sa paghuhulog then another demand letter dumating sa amin mas lalo lumaki utang nya nag iinterest kasi so nakiusap sya uli eventually hindi naman sya nakabayad then last feb 2008 may dumating na subpoena from the office of prosecutor of pasig city eh mukha ala talagang balak magbayad yung cousin ko kung anu ano rason nya sa amin so kami ng brother nakipag ayos sa company we paid a certain amount we as for a certificate na fully paid na kami dun sa utang ng cousin ko sabi ng company drop na nila yung case sa amin in which our case was bouncing check and sabi ng company maski wag na daw kami mag appear sa prosecutor since sila naman daw ng demanda sa amin at sila din naman ang mag drop ng case sa amin so okey na kami ang worry ko mag appear ba yun sa nbi record namin na may nag file sa amin ng kaso at kung mag appear man how could we clear it since drop na yung case thanks

 

:mtc:

[serolf]

any legal expert pls help me!

 

my wife passed away last feb 2008. meron sya mga credit cards, at personal loans sa bank (covered by her personal checks). am i bound to pay all her obligations sa credit card companies at sa bank where she got the personal loan?

 

ur advice would be greatly appreciated

[mlpf]

Help lang po sa mga lawyers natin just wanna ask po

 

here is my story way back 2006 a cousin of mine borrowed an amount of money in a certain financing company for her travel expenses she an ofw since she need two co borrower me and my brother eh pumayag na maging co borrower nya we prepared all documents etc we went to a certain to open an account and signed post dated check kasi dun sa account dun nya ipapasok yung downpayment sa inutang nya afterward we went back to the financing company to get her loan money after that she went to malaysia but after a days lang bumalik sya dahil yung employer nya eh inaapi daw sya. our problem started nun hindi sya nakakabayad eventually demand letter eh dumating sa amin 3 sa kanya at sa amin magkapatid nakusap sya sa company kung pwede hulugan so pumayag naman yung company pero dami nya lapses as in dami sa paghuhulog then another demand letter dumating sa amin mas lalo lumaki utang nya nag iinterest kasi so nakiusap sya uli eventually hindi naman sya nakabayad then last feb 2008 may dumating na subpoena from the office of prosecutor of pasig city eh mukha ala talagang balak magbayad yung cousin ko kung anu ano rason nya sa amin so kami ng brother nakipag ayos sa company we paid a certain amount we as for a certificate na fully paid na kami dun sa utang ng cousin ko sabi ng company drop na nila yung case sa amin in which our case was bouncing check and sabi ng company maski wag na daw kami mag appear sa prosecutor since sila naman daw ng demanda sa amin at sila din naman ang mag drop ng case sa amin so okey na kami ang worry ko mag appear ba yun sa nbi record namin na may nag file sa amin ng kaso at kung mag appear man how could we clear it since drop na yung case thanks

 

:mtc:

 

 

I suggest you make sure that the company really drops the case. Follow-up with the company the execution of the "Affidavit of Desistance". Accompany the company representative when he subscribes to his affidavit before the prosecutor. Obtain receipts of your payments or better still a certificate of full payment. Better to be safe than sorry. The case will not appear with the NBI. The Prosecutor's Office normally does not furnish a copy of the complaint with the NBI. If I am not mistaken, it is only when a case is actually filed in court that the NBI is informed of the case.

[pussyeater69ph]

Thank sir i already had a copy of certificate of full payment from the company only the affidavit of desistance wala pa po. tnx so much for the advise sir

[pussyeater69ph]

Another query sir:

 

A friend of mine which she is a girl got married last june of 2001 ( hindi alam ng mga kapatid nya nor her mom) but after a few months the guy left her although nagkikita sila like sa mall etc kasi isang lugar sila but physically hindi na sila nagsasama nor nag uusap after seven years still ganun sila does the law applies to them that after sevens years na hindi sila nag uusap automatic eh annul na sya i told her kasi a few years back na i file nya ng annulment yung kasal nya pero ayaw nya kasi mapapahiya daw sya at malalaman ng mga kapatid at mother then the guy got married i think in 2006. so is it true about that seven years na automatic annul sila kasi this 2008 ang ika 7th year nila kasal and also what are the implications dun sa guy na nagpakasal uli maski hindi pa annul previous nilang kasal thank po uli in advance

[mlpf]

Another query sir:

 

A friend of mine which she is a girl got married last june of 2001 ( hindi alam ng mga kapatid nya nor her mom) but after a few months the guy left her although nagkikita sila like sa mall etc kasi isang lugar sila but physically hindi na sila nagsasama nor nag uusap after seven years still ganun sila does the law applies to them that after sevens years na hindi sila nag uusap automatic eh annul na sya i told her kasi a few years back na i file nya ng annulment yung kasal nya pero ayaw nya kasi mapapahiya daw sya at malalaman ng mga kapatid at mother then the guy got married i think in 2006. so is it true about that seven years na automatic annul sila kasi this 2008 ang ika 7th year nila kasal and also what are the implications dun sa guy na nagpakasal uli maski hindi pa annul previous nilang kasal thank po uli in advance

 

There is no such thing as automatic annulment. What we have here is physical separation for the past 7 years. The girl will have to file a court case to have her marriage annulled. The guy can be charged with Bigamy if he remarried in 2006 without first having his 2001 marriage annulled.

[pussyeater69ph]

Thanks again sir for the info

[pussyeater69ph]

I suggest you make sure that the company really drops the case. Follow-up with the company the execution of the "Affidavit of Desistance". Accompany the company representative when he subscribes to his affidavit before the prosecutor. Obtain receipts of your payments or better still a certificate of full payment. Better to be safe than sorry. The case will not appear with the NBI. The Prosecutor's Office normally does not furnish a copy of the complaint with the NBI. If I am not mistaken, it is only when a case is actually filed in court that the NBI is informed of the case.

Sir i just receive the resolution from the Office of the City Prosecutor dismissing our case and further said that the complainant once the case is dismissed or withdrawn the complainant can no longer re-file or revive the same thank so much for your legal expertise mlpf

[james_bandido]

i just want to know if there is a ruling regarding govt agencies (ie pnp-fed) having negotiations/deals with organizations (non-profit) that are not yet sec-registered ... is this allowed ?

thanks in advance ...

[bonito99]

depends on your policy.

[Pinoymale]

any legal expert pls help me!

 

my wife passed away last feb 2008. meron sya mga credit cards, at personal loans sa bank (covered by her personal checks). am i bound to pay all her obligations sa credit card companies at sa bank where she got the personal loan?

 

ur advice would be greatly appreciated

 

The credit card companies and banks can file a claim during probate proceedings to have her obligations fulfilled. Basically, their credit will be deducted from your wife's estate before you and other heirs receive your respective shares.

[Google]

i just want to know if there is a ruling regarding govt agencies (ie pnp-fed) having negotiations/deals with organizations (non-profit) that are not yet sec-registered ... is this allowed ?

thanks in advance ...

 

 

actually, government agencies require that a firm be SEC registered first and has to come with other requirements like BIR registration, Financial Statements, etc. before they can do negotiations/deals/contracts with these firms. pag hindi ganyan yung government agency, most probably may hocus-pocus na naman yan...

 

why did i say that? this month, we have managed to close contracts with two government agencies. hiningian kami ng mga ganitong documents. hindi daw pwede pag wala dahil daw ma auaudit sila.

[legalavatar]

i just want to know if there is a ruling regarding govt agencies (ie pnp-fed) having negotiations/deals with organizations (non-profit) that are not yet sec-registered ... is this allowed ?

thanks in advance ...

 

if this will involve government procurement and bidding, check their BAC (bids and awards committee) rules... generally, any purchase or transaction from the government must undergo public bidding (with certain exceptions of course)

 

but there is actually NO requirement that you be SEC registered to deal with the government. you can even enter in your private and individual capacity, i.e., government hires a consultant (obviously no SEC reg. here is needed, PTR payment lang)

 

if your dealing with the govt as an organization or group, you MUST register with the SEC. The reason for this is because you have no juridical or legal personality as a group. hence, without sec registration, walang ka-deal ang gov't.

 

just form a partnership. faster and no bank docs necessary. go to the SEC website for help :-)

[naked_angel]

has any lawyer member here handled any sexual harassment and discrimination case against a foreigner boss (who represents his government)? or you know anyone who has handled such cases? i need your opinion on a cease and desist letter sent by the lawyers of the accused. please let me know. thank you.

[pogingpogi2x]

I need legal help mga bros.:

 

Pinagamit ko kc yung card ko sa isang kaibigan, now di sya nakakabayad ano ba pinaka magandang way para ma force ko sya na mag bayad?

[mlpf]

I need legal help mga bros.:

 

Pinagamit ko kc yung card ko sa isang kaibigan, now di sya nakakabayad ano ba pinaka magandang way para ma force ko sya na mag bayad?

 

Please give more details. Credit card ba ito? How did he use your card? Did you give him a supplemental card?

[muffin]

Hi! i would really like to seek some help regarding my predicament in my work.

 

I'm a manager in one of the top local banks here in the philippines.

We have a deceased account that is really troubling us. I'm looking for a lawyer that can assist us or our client in taking care of the deceased account. Service fee will be paid accordingly and our client is willing to pay gladly.

 

Situation....

--Account holder has two accounts 1) time deposit 2) checking account

--Account is personal, not joint

--Our bank requires certain documents before we release the proceeds. you can contact me for the details/complete list

--There are two legal heirs 1) Husband 2) Son

--Husband is missing and when our client died they were not in good terms for years and were already living in far away places (our account holder died around 70++ yrs)

--Son has been diagnosed as incapacitated due to to previous diagnosis of a mental disorder (not sure of the term but similar to schizophrenia--pardon my spelling)

--The sister of the account holder (the one who was taking care of our account holder and the son) wants to be the custodian of the money for the son's benefit since the father cannot be located anymore. (the sister is also a preferred client of my branch). Problem with the sister is that we officers of our branch sense that there is vested interest since our she was shouldering the dialysis of our account holder before death and may want to claim the money for her own use. And also we noticed that she is starting to have memory loss....

 

Need...

--We need to have everthing documented as required by the bank. Examples of documents involved are Extrajudicial settlements, Indemnity Bonds/agreements, Heir's Bonds, etc...

--This is a special case in our point of view but I hope legal experts here can aid our client and the bank....

 

thanks! pls contact me faster here at xxxxxxxxxx or (xxxxxxx/xx office hours)

 

MOD NOTE : NO POSTING OF CONTACT #'S. PLEASE USE YOUR PM FUNCTION. THANK YOU.

Edited May 1, 2008 by james_bandido

[rocco69]

Sounds like a Nigerian Scam to me.

 

 

Hi! i would really like to seek some help regarding my predicament in my work.

 

I'm a manager in one of the top local banks here in the philippines.

We have a deceased account that is really troubling us. I'm looking for a lawyer that can assist us or our client in taking care of the deceased account. Service fee will be paid accordingly and our client is willing to pay gladly.

 

Situation....

--Account holder has two accounts 1) time deposit 2) checking account

--Account is personal, not joint

--Our bank requires certain documents before we release the proceeds. you can contact me for the details/complete list

--There are two legal heirs 1) Husband 2) Son

--Husband is missing and when our client died they were not in good terms for years and were already living in far away places (our account holder died around 70++ yrs)

--Son has been diagnosed as incapacitated due to to previous diagnosis of a mental disorder (not sure of the term but similar to schizophrenia--pardon my spelling)

--The sister of the account holder (the one who was taking care of our account holder and the son) wants to be the custodian of the money for the son's benefit since the father cannot be located anymore. (the sister is also a preferred client of my branch). Problem with the sister is that we officers of our branch sense that there is vested interest since our she was shouldering the dialysis of our account holder before death and may want to claim the money for her own use. And also we noticed that she is starting to have memory loss....

 

Need...

--We need to have everthing documented as required by the bank. Examples of documents involved are Extrajudicial settlements, Indemnity Bonds/agreements, Heir's Bonds, etc...

--This is a special case in our point of view but I hope legal experts here can aid our client and the bank....

 

thanks! pls contact me faster here at xxxxxxxxxx or (xxxxxxx/xx office hours)

 

MOD NOTE : NO POSTING OF CONTACT #'S. PLEASE USE YOUR PM FUNCTION. THANK YOU.

[muffin]

Sounds like a Nigerian Scam to me.

 

nope it's not. i really need help po

[b_9904]

I got a question:

 

Yung incentives ba pwede ma-forfiet pag umalis ka na ng company even though you've already earned it pero hindi pa naibibigay saiyo?

[Pinoymale]

I got a question:

 

Yung incentives ba pwede ma-forfiet pag umalis ka na ng company even though you've already earned it pero hindi pa naibibigay saiyo?

 

Generally, it cannot be forfeited since it was already earned unless there is a contrary provision in the employment contract and it also depends on the reason for leaving the company.

[Pinoymale]

Hi! i would really like to seek some help regarding my predicament in my work.

 

I'm a manager in one of the top local banks here in the philippines.

We have a deceased account that is really troubling us. I'm looking for a lawyer that can assist us or our client in taking care of the deceased account. Service fee will be paid accordingly and our client is willing to pay gladly.

 

. . .

 

If I may ask, why not have your Legal Department take care of the matter since it involves a bank account?

[pogingpogi2x]

Please give more details. Credit card ba ito? How did he use your card? Did you give him a supplemental card?

 

call for cash, bale nangailangan sya kc ng pera nung time na un. in good faith naman since kasama ko pa sa work at kumpare ko pa (inaanak nya yung bunso ko) parang loan sya. before kc ok naman yung arrangement nagbibigay sya tapos bigla nasibak sa work ngayon di sya nakakapagbayad. Ako yung sumasabit. Balita ko mag aabroad na daw at ang gusto ng misis nya e 2K lang a month ang ibibigay wich is di talga kaya. Pano po ang maganda kong gawin para magbayad sila?

[mlpf]

call for cash, bale nangailangan sya kc ng pera nung time na un. in good faith naman since kasama ko pa sa work at kumpare ko pa (inaanak nya yung bunso ko) parang loan sya. before kc ok naman yung arrangement nagbibigay sya tapos bigla nasibak sa work ngayon di sya nakakapagbayad. Ako yung sumasabit. Balita ko mag aabroad na daw at ang gusto ng misis nya e 2K lang a month ang ibibigay wich is di talga kaya. Pano po ang maganda kong gawin para magbayad sila?

 

Your friend's liability is purely civil in character. Hindi pwede criminal case for Estafa. I assume your friend's debt to you is small (below Php 100,000.00?). I suggest you file a case against him for collection of sum of money before the Barangay only. Before the Barangay, execute a written compromise agreement. Make a written schedule for payment in the agreement. If he fails to pay, you can later run to court for enforcement of the barangay compromise agreement. The proceedings for enforcement are very fast.