legal Free Legal Advice

[azayco]

^^

 

Sorry, I stand corrected. It's 1.5% of fair market value DST for sale of land.

[yolak69]

I need help badly, my wife filed a case against me, badtrip ako na niloko ako pa may kaso...

 

Tibay ng law na to, come to think of it, unfair na talaga sa mga lalake ngayon ang batas, na aabuso na tong batas na to, pati mga kabit pwde mag file ng case sa lalake, importante lang kasi maestablish mo na may relationship kayo. Tibay!!![/size]

Edited August 8, 2008 by yolak69

[lomex32]

My friend

 

1. Get a lawyer ... a good one.....

 

2. ..... RA 9262 is a super pain in the ass

This will ROB you of your happiness, money and put s@%t on your head ....

 

3. Abuse is defined in 8 sections of this RA

Physical, Emotional, Financial etc...

 

Can you give a background of why your wife file this?

[yolak69]

My friend

 

1. Get a lawyer ... a good one.....

 

2. ..... RA 9262 is a super pain in the ass

This will ROB you of your happiness, money and put s@%t on your head ....

 

3. Abuse is defined in 8 sections of this RA

Physical, Emotional, Financial etc...

 

Can you give a background of why your wife file this?

 

 

Well, all i can say is that she really got this good lawyer mala Katrina Legarda, i caught my wife one day sa kwarto pa namin with a guy, ayun nabugbog ko sila pareho. I can't file adultery coz techically you have to catch them doing 'the act'.

 

ayun, nagfile ng medico legal, may mga pasa ung asawa ko. dun na nagsimula lahat. ako na ginago ako pa may kaso. para malinis ung pangalan nya sa pamilya nya, hinalungkat nya yan RA 9262. Namputs* battered husband ako pero tiniis ko lahat, ngayon ako pa ganito. di ko pa makita ng maayos anak ko.

 

Thanks really for checking...

[mlpf]

What were they doing when you caught them? Adultery can be proven by circumstantial evidence. It is difficult, but it can be done. You have to file an adultery case to bolster your defense. While you are at it, ask your lawyer to challenge the constitutionality of RA 9262 for being violative of the equal protection clause. It is high time that someone challenges the validity of that unfair law.

[yolak69]

What were they doing when you caught them? Adultery can be proven by circumstantial evidence. It is difficult, but it can be done. You have to file an adultery case to bolster your defense. While you are at it, ask your lawyer to challenge the constitutionality of RA 9262 for being violative of the equal protection clause. It is high time that someone challenges the validity of that unfair law.

 

 

mga 2mins ko pa bago nabuksan pinto, sa sobrang sipa ko na hanggang magiba, so wala na tlga ko nakita. i don't have lawyer yet, la pa ko pera, umasa ako sa PAO nung nag file ako ng counter-affidavit, ayun super weak ung defense ko. Pero ok lang, kasalanan ko din naman, akala ko kasi iaatras ng asawa ko, sabay pa nga kami mag-attend ng hearing sa fiscal eh, tapos biglang one day sabi nya itutuloy nya..ang gulo!!!!

 

salamat!!!

[Arneeious]

The other day I went to LBC to have a letter delivered overnight to a client. I had already closed and sealed the envelope before going to LBC. The attendant told me that I had to open the envelope so he could inspect the letter I was sending. When I asked why, he couldn't give me a straight answer. The best he could do was say "Sir, syempre, kung kayo di ba gugustuhin nyo rin malaman kung ano ung pinapadala sainyo?"

 

I had no choice but to open the letter since it was obvious he wouldn't accept the letter for mailing unless I complied. Anyway, it was just an ordinary letter. My question is, is it legal for courier companies to do this? Isn't this a violation of my privacy or confidentiality of private documents?

[rocco69]

The other day I went to LBC to have a letter delivered overnight to a client. I had already closed and sealed the envelope before going to LBC. The attendant told me that I had to open the envelope so he could inspect the letter I was sending. When I asked why, he couldn't give me a straight answer. The best he could do was say "Sir, syempre, kung kayo di ba gugustuhin nyo rin malaman kung ano ung pinapadala sainyo?"

 

I had no choice but to open the letter since it was obvious he wouldn't accept the letter for mailing unless I complied. Anyway, it was just an ordinary letter. My question is, is it legal for courier companies to do this? Isn't this a violation of my privacy or confidentiality of private documents?

 

Tutoong may karapatan ang bawat mamamayan sa privacy of communication at correspondence. Kailangan may court order para buksan ang mga liham na ating pinapadala o tinatanggap para makita kung ano ang mga nilalaman nito. Kaya lang, ayun sa People v. Marti [193 SCRA 57] (kung saan binuksan ng freight forwarder ang package ng walang pahintulot at kaalaman ng nagpadala, at marijuana at hasish pala ang laman), ang karapatan na ito ay hindi pumipigil sa pulis o mga otoridad para gamitin ito bilang ebidensya, kung ang nagbukas naman ay hindi pulis.

 

Higit pa rito, sinabi rin sa kasong ito na ang pag-iinspeksyon ng may-ari ng forwarding company (o sa kaso mo, ng empleyado ng LBC) ng mga package na pinapadala ay "reasonable and standard operating procedure on the part of [the forwarding company] as a precautionary measure before delivery of packages to the Bureau of Customs or the Bureau of Posts." Lumalabas na pwede talaga nilang tingnan kung ano yung pinapadala mo. Pero ito naman ay limitado lamang sa pagtingin kung ano ang pinapadala mo, ibang usapan na kung pati kung ano ang isinulat mo sa liham ay gusto pa rin nilang makita.

 

Isa pa, ang right to privacy of communication and correspondence ay maaaring i-waive. Kung papayag ka na pabuksan ang liham, walang paglabag sa karapatan mo, pumayag ka eh. Hindi ka naman pinipilit ng LBC na magpadala sa kanila. Kung ayaw mo sa kanilang patakaran na titingnan nila muna ang pinapadala mo, pwede kang humanap ng ibang courier service o forwarder na magdadala ng sulat mo.

[Guest pukemoon]

^^

 

Are you referring to the right of privacy of communication and correspondence under the Constitution?

[legalavatar]

The other day I went to LBC to have a letter delivered overnight to a client. I had already closed and sealed the envelope before going to LBC. The attendant told me that I had to open the envelope so he could inspect the letter I was sending. When I asked why, he couldn't give me a straight answer. The best he could do was say "Sir, syempre, kung kayo di ba gugustuhin nyo rin malaman kung ano ung pinapadala sainyo?"

 

I had no choice but to open the letter since it was obvious he wouldn't accept the letter for mailing unless I complied. Anyway, it was just an ordinary letter. My question is, is it legal for courier companies to do this? Isn't this a violation of my privacy or confidentiality of private documents?

 

Dude that's perfectly legal in my opinion. The Bill of Rights applies, to a large extent, only against the government. It does not apply to private courier companies.

 

The solution to your problem is quite simple. Find another courier company which will not open your mail matter before sending.

 

It's really no different than subjecting yourself to a security check before entering a mall. If you refuse, then by all means go find another mall to visit.

 

So if you allow the courier company to open your mail as a prerequisite to availing of their courier service, then you have in effect waived your right to privacy of communication. If you refuse and decide not to use their services, but they still pursue opening your envelope, only then will they be liable for a violation of your rights.

 

Hope this was enlightening.

[Guest pukemoon]

^^

 

How about liability for damages under the Civil Code?

[jopoc]

Well, all i can say is that she really got this good lawyer mala Katrina Legarda, i caught my wife one day sa kwarto pa namin with a guy, ayun nabugbog ko sila pareho. I can't file adultery coz techically you have to catch them doing 'the act'.

 

ayun, nagfile ng medico legal, may mga pasa ung asawa ko. dun na nagsimula lahat. ako na ginago ako pa may kaso. para malinis ung pangalan nya sa pamilya nya, hinalungkat nya yan RA 9262. Namputs* battered husband ako pero tiniis ko lahat, ngayon ako pa ganito. di ko pa makita ng maayos anak ko.

 

Thanks really for checking...

 

 

what you should have done is come up with a sworn statement that you saw them IN THE ACT already.

how can they prove that you are lying? the evidence is clear. magkasama sila sa kama.

[joey_d29]

What are the consequence of having an affair with a barely legal girl? she hid her real age.

[azayco]

The consequences will depend on her age. How young is "barely legal"? I hope not less than 12 years, Mr. Jalosjos.

[lakandiwa]

Brother:

 

Pag "barely legal," that would mean na kaka-legal lang (i.e. kaka-eighteen lang). Walang consequences dun. Below 18 (kahit 17 years, 11 months and 29 days), not legal yun. Although for practical purposes, wala nang kwento to kasi most girls sixteen pa lang, nakuha na (iba nga younger). Ingat lang, of course.

 

The consequences will depend on her age. How young is "barely legal"? I hope not less than 12 years, Mr. Jalosjos.

[pol22366]

Yolaks69,

 

While RA9262 seems very much imposing in your case because you are indeed the one agreived under the circumstances, it would help to set the records straight by stating or mentioning important facts in your affidavits.

 

The fact that you saw your wife and her friend inside your bedroom is one, the fact that this is not their first "meeting" or "session" would be also important. So are other details why you say you are a "battered husband."

 

Even though the law may be against you, you can still sway the judge to your side if you have good factual antecedents. If you can show that your wife is the one who is morally wrong, then you may get to have the parental authority over your child, and negate any need for support.

 

Good luck bro. Hope I helped.

 

Well, all i can say is that she really got this good lawyer mala Katrina Legarda, i caught my wife one day sa kwarto pa namin with a guy, ayun nabugbog ko sila pareho. I can't file adultery coz techically you have to catch them doing 'the act'.

 

ayun, nagfile ng medico legal, may mga pasa ung asawa ko. dun na nagsimula lahat. ako na ginago ako pa may kaso. para malinis ung pangalan nya sa pamilya nya, hinalungkat nya yan RA 9262. Namputs* battered husband ako pero tiniis ko lahat, ngayon ako pa ganito. di ko pa makita ng maayos anak ko.

 

Thanks really for checking...

[pol22366]

What are the consequence of having an affair with a barely legal girl? she hid her real age.

If you know and she knows you know, and her parents know that you know....thats a no no :upside:

[FastAndTheCurious]

I had once she was 15 and now she's 20. Were already five years, ayus na hehee.

[legalavatar]

Well, all i can say is that she really got this good lawyer mala Katrina Legarda, i caught my wife one day sa kwarto pa namin with a guy, ayun nabugbog ko sila pareho. I can't file adultery coz techically you have to catch them doing 'the act'.

 

ayun, nagfile ng medico legal, may mga pasa ung asawa ko. dun na nagsimula lahat. ako na ginago ako pa may kaso. para malinis ung pangalan nya sa pamilya nya, hinalungkat nya yan RA 9262. Namputs* battered husband ako pero tiniis ko lahat, ngayon ako pa ganito. di ko pa makita ng maayos anak ko.

 

Thanks really for checking...

 

Allege insanity... you went berserk when you realized your wife was having sex with another man in your marital bed. The world suddenly darkened, you felt a twitch and heard a voice in your head, and you suddenly blacked out.

 

Have yourself examined by a psych and relate to the psychologist all the abuse you went through, coupled with seeing or "hearing" your wife in the act. I'm sure the psych will give a pretty good evaluation in your favor.

 

If i were the prosecutor, i would understand. When it goes to trial, in my opinion, at least you have a defense which justifies your act.

 

Malay mo, baka mag-set ka pa ng precedent na "battered husband" syndrome or something.

 

also, file an adultery case because you "heard" them in the act right? you need muscle to force your wife to drop the case. file also a perjury case against her and unjust vexation (allege that your wife used your marital bed to vex or annoy you). I'm sure your lawyer can think of other cases to file. The bottom line is, you need to force them to drop the case.

 

Quid pro quo, right?

 

Best of luck.

Edited August 13, 2008 by legalavatar

[legalavatar]

^^

 

How about liability for damages under the Civil Code?

 

Malabo liability for damages, unless the courier company opened his parcel or envelope against his will.

 

After all, he consented to opening the envelope, and since there is consent, it is highly doubtful if there can even be a cause of action against the courier company.

 

(Please ignore this if your question relates to another matter. In that case, my bad.)

[legalavatar]

What are the consequence of having an affair with a barely legal girl? she hid her real age.

 

probably simple seduction, or if you're related, maybe even qualified seduction. if below 12, rape.

 

basta wag mo lang gagalitin yung babae, kasi sya lang and nobody else can file the case. galitin mo na lang after she turns 18, just to be safe.

[paolonaz]

hi to all,

 

meron po ba kayong marerecommend na nag proprocess ng annulment?

 

thanks....

[complicated8]

probably simple seduction, or if you're related, maybe even qualified seduction. if below 12, rape.

 

basta wag mo lang gagalitin yung babae, kasi sya lang and nobody else can file the case. galitin mo na lang after she turns 18, just to be safe.

 

Does the filing of the case have to be in current age? What if she filed for rape after 18 and accused the guy of sex when she was 16?

 

like the guy posted before 5 years na sila. more than 2 years sila having sex underage?

 

just asking. i think if he married her after 18, i think di na puwede mag-file ng case but what if they didn't get married? can the parents file for a case?

Edited August 14, 2008 by complicated8

[pol22366]

Does the filing of the case have to be in current age? What if she filed for rape after 18 and accused the guy of sex when she was 16?

 

like the guy posted before 5 years na sila. more than 2 years sila having sex underage?

 

just asking. i think if he married her after 18, i think di na puwede mag-file ng case but what if they didn't get married? can the parents file for a case?

 

The filing may be done even if she is already 17 or over, so that even if she is already 18 it can still be filed.

 

I have to take exception to the pronouncement of brother legalavatar though that others cannot file the case. Under present laws RAPE is considered already as a crime against persons, hence it can be filed by the parents or anybody else for that matter.

 

You also have to consider the Violence against Women and Children Law.

 

So be careful guys...

[capo]

If my college grades are low, and I failed some subjects, is it still possible to enter good law schools such as U.P. and Ateneo? Thank you guys! I am worried if I can still be admitted.