legal Free Legal Advice

[MNdMud4s3x]

Sirs,

 

Good point! And I agree

 

A few questions...What would be my prayer for the petition for nullity or annullment? Should I still implead the Civil Registrar of the locality where I was married or the NSO? Should I still pray that a decree of annullment or nullity be recorded with the NSO and the Civil Registrar?...

 

Thanks.

 

The prayer would be to have the marriage anulled or nullified, as the case maybe, depending on the grounds availing.

 

There is no need to implead the CR or NSO, bakit naman? if either body would be impleaded, then this would be a different case altogether, not anulment or declaration of nullity, di ba?

 

Of course, if the marriage is anulled or nullified, then the CR should be given a copy so as to rectify the records. For all we know, notwithstanding the absence of the contract, the respective status of the spouses have already been changed from single to married already.

Edited January 21, 2009 by MNdMud4s3x

[equipped]

Mga Atty.

 

Hello

 

 

 

Advise lang po sana inquiry. pano po ba ang hatian ng mana. My father is having a problem with his mana. Kasi his father left them when he was young. Nag karoon ng ibang pamilya. Noong late 80's mahina na ang lola ko nakiusap ang lolo ko na kung pwede sila tumira sa lupa nila. ngayon wala na ang lola ko. bago mamatay ang lolo ko nagtalotalo sa lupa kasi parang ayaw bigyan ng mana ang father ko ng lolo ko. The land was awaded by CARP kasi sila ang care taker sa lupa since his birth.

 

Gusto ko po sana malaman papano ang hatian ng mana since my father is the legitimate child tama po ba na hatiin sa 3? single son po ang father ko hindi po ba lugi ang father ko doon kasi sila ang tenant doon kaya sa kanila inaward ng DAR ang lupa at kelan lang sila dumating. Tama po bang pantay pantay na hatian doon? 6 hectres po ang pinag uusapan.

 

 

Hoping to find a clear explanation from our lawyers!!!! Thanks....

[Guest Dobermaxx]

I have a question for our legal eagles out there.

 

Can a United States court subpoena data that is stored on a Philippine server?

 

Case in point: A company in the U.S. is providing data storage services to U.S. residents. Now the data itself is stored on a computer that is physically in the Philippines. Does a U.S. court have any jurisdiction over the data itself and if not, what would a U.S. court need to do to access the data?

[threshkreen]

The answer would depend, in large part, on the nature of the data and the place of law provided for by contract.

 

For example, a lot of US data stored in offshore servers results from business process outsourcing (bpo) activities. This is where it gets tricky. There are a lot of entities that REQUIRE their data to be kept "onshore" -- that is, in the US. So, if this is contractually mandated, the offended party may seek enforcement from US courts.

 

More specific would be the case of insurance providers in the US. Over there, there is legislation known as "HIPPA" or the health insurance privacy protection act. As a consequence of this legislation, it becomes illegal for insurance providers to bring this data offshore.

 

As you can imagine, situations such as these have become tricky points for our BPO stalwarts to ponder.

 

Having said that however, it will take some doing to get US court orders enforced in the country. Since the physical servers are located here, it is the law of the Philippines that should generally control, save for certain exceptions. (foreign sovereign property, foreign embassies, etc.)

 

Hope this helps.

[MNdMud4s3x]

Mga Atty.

 

Hello

 

 

 

Advise lang po sana inquiry. pano po ba ang hatian ng mana. My father is having a problem with his mana. Kasi his father left them when he was young. Nag karoon ng ibang pamilya. Noong late 80's mahina na ang lola ko nakiusap ang lolo ko na kung pwede sila tumira sa lupa nila. ngayon wala na ang lola ko. bago mamatay ang lolo ko nagtalotalo sa lupa kasi parang ayaw bigyan ng mana ang father ko ng lolo ko. The land was awaded by CARP kasi sila ang care taker sa lupa since his birth.

 

Gusto ko po sana malaman papano ang hatian ng mana since my father is the legitimate child tama po ba na hatiin sa 3? single son po ang father ko hindi po ba lugi ang father ko doon kasi sila ang tenant doon kaya sa kanila inaward ng DAR ang lupa at kelan lang sila dumating. Tama po bang pantay pantay na hatian doon? 6 hectres po ang pinag uusapan.

 

 

Hoping to find a clear explanation from our lawyers!!!! Thanks....

 

your father has to have half of the land. as i undertand, may 2 pang kahati ang erpat mo, who i presume are illegitimate children... based on the statement of facts, ryt? if that is the case, your father and the two other heirs are entitled to inherit the whole estate with your father having half of the whole parcel being the only legitimate child and the two others, with 1.5 hectares each.

[wynd247]

Sirs, Question lang po...

 

A friend of mine is troubled. She loaned money from ChinaTrust, duration is 24 months. I think the total loaned money is around 36k. She was able to pay for the first installment, now a situation happened that led her to miss about 4 months up to now. Let's just say, she just gave birth last Nov and had not been reporting for work until Feb.

 

The problem is, she received a text message from someone claiming that she was from the bank and asking to settle a specified amount or they will be forced to forward her account to a law firm or their lawyer for legal actions. I advised her to call the number and ask if she could make payment arrangement to pay for the overdue installments by Feb since that's the time she will be reporting back to work. They declined the arrangement and is asking her to pay about only 5k before 25 this month, even after explaining the situation.

 

My question is, if it would result to legal proceedings what's the worse that could happen? Take note that my friend did not intentionally/maliciously opted not to pay her debt, its just because of the current situation that she is unable to do so. Does this constitute to imprisonment, since I believe that this would be against the constitution.

 

Thank You.

[manunundot]

any query about legal problems...? wag kang mahiya.. free legal advise ni Butsoy...

hi

i have a bit of a problem kasi 2 months n ako resigned from a callcenter company pero i noticed n sumusweldo p me

ung una 4 k then 6 k then 9 k latest is 11k gusto ko lang malaman if the company can try to get it back or baka kasuhan ako i mean wala naman me ginawa na illegal during my stay there

[GODzilla]

Sirs, Question lang po...

 

A friend of mine is troubled. She loaned money from ChinaTrust, duration is 24 months. I think the total loaned money is around 36k. She was able to pay for the first installment, now a situation happened that led her to miss about 4 months up to now. Let's just say, she just gave birth last Nov and had not been reporting for work until Feb.

 

The problem is, she received a text message from someone claiming that she was from the bank and asking to settle a specified amount or they will be forced to forward her account to a law firm or their lawyer for legal actions. I advised her to call the number and ask if she could make payment arrangement to pay for the overdue installments by Feb since that's the time she will be reporting back to work. They declined the arrangement and is asking her to pay about only 5k before 25 this month, even after explaining the situation.

 

My question is, if it would result to legal proceedings what's the worse that could happen? Take note that my friend did not intentionally/maliciously opted not to pay her debt, its just because of the current situation that she is unable to do so. Does this constitute to imprisonment, since I believe that this would be against the constitution.

 

Thank You.

 

If the debt is left unpaid, it will accumulate so much interest making it harder for your friend to pay. if that is the case, a civil case for sum of money with damages may be filed against her. Afterwards, the decision will be executed and her personal or real property/ies may be levied. if there are no properties, her salary will be garnished. Worst case scenario? Well, she could lose her job, her properties and/or become blacklisted with other banks, preventing her from taking a loan in the future.

[GODzilla]

hi

i have a bit of a problem kasi 2 months n ako resigned from a callcenter company pero i noticed n sumusweldo p me

ung una 4 k then 6 k then 9 k latest is 11k gusto ko lang malaman if the company can try to get it back or baka kasuhan ako i mean wala naman me ginawa na illegal during my stay there

 

i pressume you received your salary through the atm. if the money you received is not a part of your bonus or other benefits due to you, then you have a moral and legal obligation to return the same since you received the money by accident or mistake. This falls under the category of "unjust enrichment". The moment they discover their mistake, they will send you a demand letter and if you fail to return the money, they could file a case aganist you to recover the money wrongfully given to you.

[aris_m]

i pressume you received your salary through the atm. if the money you received is not a part of your bonus or other benefits due to you, then you have a moral and legal obligation to return the same since you received the money by accident or mistake. This falls under the category of "unjust enrichment". The moment they discover their mistake, they will send you a demand letter and if you fail to return the money, they could file a case aganist you to recover the money wrongfully given to you.

 

Hmmmm...I agree with Boss GODzilla...I agree that you have a moral and legal obligation to return it (principle of solutio indebiti, similar to unjust enrichment I think).... So I guess you have return it....but you may ask for fees for keeping the money safe? hehehehehe .... pwede ba boss GODzilla?

[GODzilla]

Hmmmm...I agree with Boss GODzilla...I agree that you have a moral and legal obligation to return it (principle of solutio indebiti, similar to unjust enrichment I think).... So I guess you have return it....but you may ask for fees for keeping the money safe? hehehehehe .... pwede ba boss GODzilla?

 

Hehehe, puwede yun sir, kaya lang i doubt if the money is still safely kept INTACT. Anyway his only consolation, is that he can dictate the terms of payment (in returning the money) since it was the mistake of his employer in the first place, provided it is reasonable.

[cbotc]

I plan to buy property that is mortgaged with a bank. Which would be a better way to proceed with the sale:

 

a) agree to put up the balance of the morgtage as earnest money in a Conditional Deed of Sale. The owner works the release of title from the bank, then I pay the balance of the purchase price and consumate the sale with an Absolute Deed?

 

or

 

execute an Absolute Deed of Sale with the owner, pay him his share of the purchase price after deducting the balance of the mortgage and I pay the balance of the mortgage and work for the release from the bank and transfer the title after release from the bank?

 

Kindly advice your thoughts on the matter. Thanks in advance.

[GODzilla]

I plan to buy property that is mortgaged with a bank. Which would be a better way to proceed with the sale:

 

a) agree to put up the balance of the morgtage as earnest money in a Conditional Deed of Sale. The owner works the release of title from the bank, then I pay the balance of the purchase price and consumate the sale with an Absolute Deed?

 

or

 

execute an Absolute Deed of Sale with the owner, pay him his share of the purchase price after deducting the balance of the mortgage and I pay the balance of the mortgage and work for the release from the bank and transfer the title after release from the bank?

 

Kindly advice your thoughts on the matter. Thanks in advance.

 

I think both are sound choices, however, if it were up to me, i would go with the second option because you are not left at the whim of the seller when he/she will work out the release of the title. Secondly, with the execution of the Absolute Deed of Sale, you are immediately cutting off any right/interest the seller may have on the property, hence, he/she can no longer go after the same should he/she change his mind. Just remember to ask for an SPA so that you could transact with the bank directly.

[manunundot]

Hehehe, puwede yun sir, kaya lang i doubt if the money is still safely kept INTACT. Anyway his only consolation, is that he can dictate the terms of payment (in returning the money) since it was the mistake of his employer in the first place, provided it is reasonable.

 

ok thanks boss when you say i dictate the terms of payment that means i can make it payable in ... lets say 5 years?

[GODzilla]

ok thanks boss when you say i dictate the terms of payment that means i can make it payable in ... lets say 5 years?

 

sabi ko provided its reasonable. anyway, subukan mo na rin, malay mo pumayag di ba.

[maxsurban77]

I have a question for our legal eagles out there.

 

Can a United States court subpoena data that is stored on a Philippine server?

 

Case in point: A company in the U.S. is providing data storage services to U.S. residents. Now the data itself is stored on a computer that is physically in the Philippines. Does a U.S. court have any jurisdiction over the data itself and if not, what would a U.S. court need to do to access the data?

 

US company needs to get a judgment from a US Court. Ang problema jan ay ang enforcement dito sa Pinas. You need to file an independent action for "enforcement of foreign judgment" sa trial court.

 

Ang novelty ng kaso na to ay yung nature ng "data". The computer which stores the data may be here physically, but how about getting the data electronically from the US? Pag kaya yung ganun, kung ako abogado na kano, ilalaban ko na yan. I mean its defensible.

[spetsnaz]

OT: does anybody here know Atty Antonio C. Silang? pa PM na lang po. thanks

[johnlove]

Re: RA 9481

 

What are the implications for businessmen?

Is it time for businessmen to close shop & start to look for work abroad?

[lamujer]

Sirs, Question lang po...

 

A friend of mine is troubled. She loaned money from ChinaTrust, duration is 24 months. I think the total loaned money is around 36k. She was able to pay for the first installment, now a situation happened that led her to miss about 4 months up to now. Let's just say, she just gave birth last Nov and had not been reporting for work until Feb.

 

The problem is, she received a text message from someone claiming that she was from the bank and asking to settle a specified amount or they will be forced to forward her account to a law firm or their lawyer for legal actions. I advised her to call the number and ask if she could make payment arrangement to pay for the overdue installments by Feb since that's the time she will be reporting back to work. They declined the arrangement and is asking her to pay about only 5k before 25 this month, even after explaining the situation.

 

My question is, if it would result to legal proceedings what's the worse that could happen? Take note that my friend did not intentionally/maliciously opted not to pay her debt, its just because of the current situation that she is unable to do so. Does this constitute to imprisonment, since I believe that this would be against the constitution.

 

Thank You.

 

Constitution Article III Sec. 20 No person shall be imprisoned for debt or non-payment of poll tax.

even if it proceeds to litigation, she just has to promise to pay.

[GODzilla]

Constitution Article III Sec. 20 No person shall be imprisoned for debt or non-payment of poll tax.

even if it proceeds to litigation, she just has to promise to pay.

 

Sigh...if only it was that simple...

[cbotc]

I think both are sound choices, however, if it were up to me, i would go with the second option because you are not left at the whim of the seller when he/she will work out the release of the title. Secondly, with the execution of the Absolute Deed of Sale, you are immediately cutting off any right/interest the seller may have on the property, hence, he/she can no longer go after the same should he/she change his mind. Just remember to ask for an SPA so that you could transact with the bank directly.

Thanks for the reply sir.

 

I have a followup question. There is another property, I am considering to acquire in case the first property mentioned earlier does not push through (the ownwe seems to be having second thoughts selling his property).

 

This second property is still titled in the name of elderly spouses Mr and Mrs Santos, Mrs Santos died five years ago, her estate hasn't been extra judicially settled. They have no children. Can Mr Santos sell the property to me by executing an Affidavit of Self adjudication with an Absolute Deed of Sale for the property?

[Guest xerxes]

smart has a promotion from dec 9 2008 to jan 15 2009 with dti permit as advertised in their website

 

their personnel violated the policy (it should have read promotion) by telling me there's no memory card in the nokia package i got

 

where as in their website, they claimed 1 gm micro sd card goes with the package

 

basically, the wrieless center employee lied about the micro sd card by claiming there was none

 

to further aggravate the matter, when i reported this to smart via email, another employee lied by claiming he was able to talk to me an expained to me that the memory card is just out of stock and i will be informed when it will become available

 

two smart employees lying

 

i really hated them

 

and it seemed smart is ignoring my demand for explanation how they will resolve this issue :thumbsdownsmiley:

 

i have returned the phone package and opted for terminating the retention program i signed

 

where do i file a complaint? dti? at smart directly to their head office? are they liable for not conforming with their published promotion?

Edited February 3, 2009 by xerxes

[Dr_PepPeR]

smart has a promotion from dec 9 2008 to jan 15 2009 with dti permit as advertised in their website

 

their personnel violated the policy by telling me there's no memory card in the nokia package i got

 

where as in their website, they claimed 1 gm micro sd card goes with the package

 

basically, the wrieless center employee lied about the micro sd card by claiming there was none

 

to further aggravate the matter, when i reported this to smart via email, another employee lied by claiming he was able to talk to me an expained to me that the memory card is just out of stock and i will be informed when it will become available

 

two smart employees lying

 

i really hated them

 

and it seemed smart is ignoring my demand for explanation how they will resolve this issue :thumbsdownsmiley:

 

i have returned the phone package and opted for terminating the retention program i signed

 

where do i file a complaint? dti? at smart directly to their head office? are they liable for not conforming with their published promotion?

 

If you are not given any satisfactory explanation by SMART, you can go the Department of Trade and Industry to file a complaint.

[otaku_sho]

good afternoon po.

 

i would like to seek advice about training bond. i have been working for a year in this company as a programmer. when i was employed, i was asked to sign a training bond worth almost 100k. they have promised (verbally) a certification training but all i had is an in house training. now i was offered a good position in a large company but i cant pay the bond here.

 

please give me some idea on how legal are training bonds.

[a&e]

ask lng po mga attorneys:

 

We filed a complaint against someone to the police then to city hall. the proceedings took some time and it was finally decided by the fiscal that there is indeed a valid criminal complain thru a registered letter send to us from city hall.

 

May i know what is the next move? Will city hall be the one to file the case in court and subpoena us and the respondent? or do we need to get a lawyer to file the file case in court.

 

if the respondent is nowhere to be found coz she went into hiding, how do we go from there?

 

thanks in advance.