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[rocco69]

LOCAL GOVERNMENT CODE

 

SEC. 515. Refusal or Failure of Any Party or Witness to Appear before the Lupon or Pangkat. - Refusal or willful failure of any party or witness to appear before the lupon or pangkat in compliance with a summons issued pursuant to the provisions on theKatarungang Pambarangay under Chapter 7, Title One of Book III of this Code may be punished by the city or municipal court as for indirect contempt of court upon application filed therewith by the lupon chairman, the pangkat chairman, or by any of the contending parties. Such refusal or willful failure to appear shall be reflected in the records of the lupon secretary or in the minutes of the pangkat secretary and shall bar the complainant who fails to appear, from seeking judicial recourse for the same cause of action, and the respondent who refuses to appear, from filing any counterclaim arising out of, or necessarily connected with the complaint. A pangkat member who serves as such shall be entitled to an honorarium, the amount of which is to be determined by the sanggunian concerned, subject to the provisions in this Code cited above.

 

Can anyone decline a summon by the Barangay? Consequences?

[daredevil2k7]

A friend of mine has a problem.

 

He used someone webcam site and used 70 or 80 dollars credit but he didn't used the card directly but credited to the owner's credit card. It happened more than 2 years ago. And he is anxious if the owner had filed a case against him or not because when he log in once again in the said account it said that it was under investigation for possible fraud.

 

He didn't used his computer when he bought a credit in the account and used it but when he got home he log in using his computer at home and he was afraid that the site has log his IP and used it as an evidence against him.

 

Here are his following question.

 

1. What are the cases the will filed against him?

2. Since it was 2 years ago is it possible it is still pending that's why he didn't any receive any subpoena or warrant?

3. If he was sued for this, where will the case will be filed? In the Philippines? |In the municipal that he is residing? or in the country where the owner of the account?

4. If case is filed against him the complainant needs to attend the hearing right and participate in the process or the NBI will handle the case because the complainant is not a residence of our country.

5. A friend of ours told us that he can't be sued unless he was caught in the act doing it? Is that true?

6. Actually we really don't know what are the process if a case was filed against him. Will he get arrested even though he never got any subpoena or any notice that he has a case or something. Can you give us a background what will be the process.

7. He became anxious when he went to the NBI to get a clearance and found out that they told him that he has a case but not Internet Fraud but other case. Same name, surname and middle initial but the middle name is unsure so they gave him a clearance anyway after signing an affidavit of denial. His question is is it possible that the court has switch the case instead of a case of Internet Fraud they switch it from other guy that's why he didn't receive any notice at all?

 

 

Thanks in advance for the answer. :goatee:

[bryanfury]

Good day sir/s, firstly i commend all those who are helping us in our legal problems. you're help is certainly appreciated.

 

Sir/s just want to consult a little problem in our apartment.

 

my dad's apartment where we live right now was loaned from nha, the construction of the structure itself, the land is ours. but after a family financial

crisis we haven't paid it for a while. so the nha filed it in court, it's now in the court of appeals. Although we are willing to pay naman, mag rerequest na lang kami for re-structure ng loan.

I just want to ask what are our rights now that there is a case?

Unfortunately, yung mga nagrerent dati hindi na nagbabayad since nalaman nila na may court case. Siguro more than a year na.

Can we still ask for their rent since ala pa decision yung court so technically sa min pa din yun di po ba?

 

Thank you, thank you in advance. Will highly appreciate any opinion.

[Pinoymale]

Hi there,

 

With regards to your tenants, the court case has nothing to do with your lease contract so they are still required to pay the rent. Your lease contract remains valid, hence, their obligation to pay the rent also remains valid and binding.

 

Good day sir/s, firstly i commend all those who are helping us in our legal problems. you're help is certainly appreciated.

 

Sir/s just want to consult a little problem in our apartment.

 

my dad's apartment where we live right now was loaned from nha, the construction of the structure itself, the land is ours. but after a family financial

crisis we haven't paid it for a while. so the nha filed it in court, it's now in the court of appeals. Although we are willing to pay naman, mag rerequest na lang kami for re-structure ng loan.

I just want to ask what are our rights now that there is a case?

Unfortunately, yung mga nagrerent dati hindi na nagbabayad since nalaman nila na may court case. Siguro more than a year na.

Can we still ask for their rent since ala pa decision yung court so technically sa min pa din yun di po ba?

 

Thank you, thank you in advance. Will highly appreciate any opinion.

[daredevil2k7]

If someone filed a case against you how many days will you receive the subpoena after he filed the case? Paano kung walang tao sa house ninyo yun kapitbahay ba ninyo sasabihan nila na may dumating na subpoena sa iyo pero hindi mo ito narecieve if hindi mo pa din ito natanggap ilan days bago sila magserve na warrant of arrest? Thanks :goatee:

[Pinoymale]

Expect to receive the summons one to two weeks afterwards, depending on the court. The sheriff/process server may inform your neighbor about the summons but it's not required. A warrant of arrest is only issued by the judge once reasonable grounds has been established. Anong stage na ba ng case?

 

If someone filed a case against you how many days will you receive the subpoena after he filed the case? Paano kung walang tao sa house ninyo yun kapitbahay ba ninyo sasabihan nila na may dumating na subpoena sa iyo pero hindi mo ito narecieve if hindi mo pa din ito natanggap ilan days bago sila magserve na warrant of arrest? Thanks :goatee:

[daredevil2k7]

Expect to receive the summons one to two weeks afterwards, depending on the court. The sheriff/process server may inform your neighbor about the summons but it's not required. A warrant of arrest is only issued by the judge once reasonable grounds has been established. Anong stage na ba ng case?

 

Just asking just in case. My post was a follow question from my previous post. A friend of mine used a camgirls webcam account and bought a credit out of it. It's only a petty crime since it happened more than 2 years ago and he didn't receive any subpoena and there's no warrant of arrest against him so I guess the owner of the account didn't file a case against my friend.

[lomex32]

Ang recless imprudence resulting to physical injury o damage to property ay anong uri ng asunto?

ano ang mga pananagutan dito?

[monazario]

Ang recless imprudence resulting to physical injury o damage to property ay anong uri ng asunto?

ano ang mga pananagutan dito?

Criminal ang RIRI... and

it depends on the injury

physical injury has three degrees.. slight (hospitalized/ incapacitated from work-9 days) , less serious (9+-30) and serious (30+.)

so depende sa gravity ang prison term and/or fine.

[Itto Ogami]

dear GM-master-lawyers,

 

let's say i want to help a friend (ok, she's an MPA) by financing her schooling.

is it possible to put her on contract stating she cannot work for the duration of her schooling?

how about other stipulations? like she cannot do freelance work, get pregnant, etc.?

 

asked a lady friend/lawyer and said this will not hold water daw.

can i get a second opinion, pls?

 

many thanks...

[swami]

dear GM-master-lawyers,

 

let's say i want to help a friend (ok, she's an MPA) by financing her schooling.

is it possible to put her on contract stating she cannot work for the duration of her schooling?

how about other stipulations? like she cannot do freelance work, get pregnant, etc.?

 

asked a lady friend/lawyer and said this will not hold water daw.

can i get a second opinion, pls?

 

many thanks...

 

You wanna put your "arrangement" in writing? Dude, it really won't hold water. Why? Because the stipulations will be contrary to law, hence, null and void.

 

Now, of course, you may craft the contract in such a manner as to look that it's a scholarship program. Problem with that, you cannot just revoke/cancel the scholarship contract without just cause. And her refusal to sleep with you isn't a just cause. It's not supposed to be in the contract in the first place.

[j]

Wanted to know if there are laws in the Philippines with regards to credit card collection.

 

My understanding is that the bank can take you to court only when you committed to paying past due amounts in post dated checks. If the checks bounce then you're charged with estafa. As long as you have no documented proof then the bank can't take you to court.

 

Are there new laws that have been introduced?

[Itto Ogami]

You wanna put your "arrangement" in writing? Dude, it really won't hold water. Why? Because the stipulations will be contrary to law, hence, null and void.

 

Now, of course, you may craft the contract in such a manner as to look that it's a scholarship program. Problem with that, you cannot just revoke/cancel the scholarship contract without just cause. And her refusal to sleep with you isn't a just cause. It's not supposed to be in the contract in the first place.

thanks for the quick reply, saer.

 

actually, sleeping with her is the least of my concerns.

i could always get that somewhere else.

 

the situation i would like to avoid is:

tinutulungan mo na ngang magbagong-buhay yung tao, eh, lolokohin ka pa.

 

if she's really serious about turning over a new leaf,

then she shouldn't have problems agreeing to such a "scholarship contract."

 

but, if she balks, dapat magduda na ko niyan.

[bonito99]

Caveat emptor

[Pinoymale]

A bank can take you to court once you have defaulted on payments and after you fail to pay even after it has sent you a demand letter to pay. The bank doesn't have to wait for you to commit to paying past due amounts since it is your obligation from the start to pay the entire amount. In practice, a bank will only take you to court if the balance is substantial and/or the bank decides it has a chance of recovering the amount once the case is decided in its favor.

 

Wanted to know if there are laws in the Philippines with regards to credit card collection.

 

My understanding is that the bank can take you to court only when you committed to paying past due amounts in post dated checks. If the checks bounce then you're charged with estafa. As long as you have no documented proof then the bank can't take you to court.

 

Are there new laws that have been introduced?

[Pinoymale]

I think it's still possible to make a legal contract, depending on how you word it. Since you're helping her get an education it would look good for you, just make sure there's nothing in the contract that will make it appear that you have an ulterior and malicious motive.

 

Regarding the stipulation against working, you can state it in general terms like "in return for the free education she is given, she will not do anything to interrupt or distract from her education including ....". Same with pregnancy, the contract can state that she will not do anything illegal, immoral, or anything that will bring you shame which of course includes getting pregnant.

 

dear GM-master-lawyers,

 

let's say i want to help a friend (ok, she's an MPA) by financing her schooling.

is it possible to put her on contract stating she cannot work for the duration of her schooling?

how about other stipulations? like she cannot do freelance work, get pregnant, etc.?

 

asked a lady friend/lawyer and said this will not hold water daw.

can i get a second opinion, pls?

 

many thanks...

[moed]

thanks for the quick reply, saer.

 

actually, sleeping with her is the least of my concerns.

i could always get that somewhere else.

 

the situation i would like to avoid is:

tinutulungan mo na ngang magbagong-buhay yung tao, eh, lolokohin ka pa.

 

if she's really serious about turning over a new leaf,

then she shouldn't have problems agreeing to such a "scholarship contract."

 

but, if she balks, dapat magduda na ko niyan.

 

Putting your agreement into writing will be benefitial to her not to you. You are the one with the obligation to spend for her schooling in this agreement. If the agreement is not in writing you can always quit supporting her, if she does not comply with your arrangements. If it is in writing and you feel she is not complying with the agreement and you quit paying for her schooling and allowance, she may be able to hire the services of a lawyer to compel you to comply with the contract by saying she is not in violation of any provision.

[Itto Ogami]

@Pinoymale & moed:

- i'll keep that under advisement, counselors.

many, many thanks, saers. your inputs are highly appreciated.

[Arneeious]

My mom leases out residential units. One of her tenants vacated the unit he was renting in the middle of the night without paying his rent which is a big amount. Is there a practical and legal way she can find out where he lives so that we can at least attempt to collect his balance? Thanks in advance.

[lomex32]

Thanks

 

Criminal ang RIRI... and

it depends on the injury

physical injury has three degrees.. slight (hospitalized/ incapacitated from work-9 days) , less serious (9+-30) and serious (30+.)

so depende sa gravity ang prison term and/or fine.

[Dr_PepPeR]

dear GM-master-lawyers,

 

let's say i want to help a friend (ok, she's an MPA) by financing her schooling.

is it possible to put her on contract stating she cannot work for the duration of her schooling?

how about other stipulations? like she cannot do freelance work, get pregnant, etc.?

 

asked a lady friend/lawyer and said this will not hold water daw.

can i get a second opinion, pls?

 

many thanks...

 

Legality aside, you can take out the girl from an MP, but you cannot always take out the MP from the girl. Don't expect too much, I speak from experience if that is worth anything. Anyway, goodluck, make sure you have a full load of patience and understanding, and I salute you for your intentions.

Edited February 17, 2010 by Dr_PepPeR

[Itto Ogami]

Legality aside, you can take out the girl from an MP, but you cannot always take out the MP from the girl. Don't expect too much, I speak from experience if that is worth anything. Anyway, goodluck, make sure you have a full load of patience and understanding, and I salute you for your intentions.

 

thanks, doc!

it's still a big IF for me naman.

 

btw, got a question for you re: UITFs in another forum.

hope you could answer.

[BigJ]

question lang po regarding corporate law, can a foreigner hold a very high position in a corporation let say president or corporate secretary? as far as i know they ( the foreigner can not have a higher share of stock against a filipino partner.

 

2. does close bank account consider a estafa? let say he issue a check and it bounce, tapos i demand him to change the check but he refuse. can i use the bounce check to sue him?

 

3. correct me if am wrong, di ba ang newly opened business is immune from B.I.R. auditing for 3 years ata?

 

hope masagot ng magagaling natin corporate lawyer. tnx

[timog]

question lang po regarding corporate law, can a foreigner hold a very high position in a corporation let say president or corporate secretary? as far as i know they ( the foreigner can not have a higher share of stock against a filipino partner.

 

2. does close bank account consider a estafa? let say he issue a check and it bounce, tapos i demand him to change the check but he refuse. can i use the bounce check to sue him?

 

3. correct me if am wrong, di ba ang newly opened business is immune from B.I.R. auditing for 3 years ata?

 

hope masagot ng magagaling natin corporate lawyer. tnx

 

 

I think you are confusing shareholders from corporate officers.

foreigners can be shareholders but not more than 40%. foreigners can be president or any officer just as long as they have working permits from the DOLE.

[bryanfury]

Hi there,

 

With regards to your tenants, the court case has nothing to do with your lease contract so they are still required to pay the rent. Your lease contract remains valid, hence, their obligation to pay the rent also remains valid and binding.

 

 

Thank you sir, very much for the enlightenment. Last question, there's another problem expired na yung lease contract and it was never renewed, they refused to sign the renewal, after the tenants learned about the case.

 

Can we still impose the rent?

 

Thanks again in advance.