legal Free Legal Advice

[smoothcriminal]

sir, kindly elaborate. you are asking us about the law on violence against women, children, etc? right?

 

thanks

 

YUp it's the VAWC law...

[anthonymetal]

Hi reporting for duty!?!!! Law Stud here! hehehehe

[jopoc]

thank for the advise!

So ang dapat pala gawin ng friend ko is ilipat yung properties nya by SALE and magpagawa ng will para hindi makuha lahat ng properties nya ng illegit child.

 

 

well, selling properties will make things more difficult for the illegitimate who is unrecognized.

 

but this is the better thing to do... sell all properties, enjoy life, maglustay. gastusin nya na lang for himself. hehe.

 

remember, pag meron properties syang maiwan (assuming na ma-recognize paternity), 1/2 of his whole estae will be allocated to the illegitimate. that is her LEGITIME

 

Update ko lang kayo mga sirs. I filed the case na sa RTC sa may QC hall. Nagulat lang ako kc ung fees to file the case was only 50.00 Php. I was expecting a higher fee. Criminal case ung finile namin. Thanks sa mg advises nyo. :thumbsupsmiley:

 

 

thats for the Preliminary investigation only. meron pa sa court case yan, if mag file sa korte. pero mababa lang. its aroung 1% of what you are asking for.

[Dr_PepPeR]

If the credit card company already filed a case sa RTC, civil case lang yun and you should be receiving a SUMMONS anytime not subpoena and definitely not Warrant of Arrest as there is no criminal aspect in the case. With respect sa attachment sa salary, posible yun if the credit card company applied for a Writ of Attachment and that a Notice of Garnishment is issued by the Sheriff. If your payroll fund is credited to an ATM account pwede ma- garnish yun. Posible ang settlement if there is already a case filed but it should be approved by the Court. Kung wala ka pambayad or any property under your name, dont worry, huag mo pansinin yung case kasi wala naman sila ma aatach and di ka nila pwede ikulong.

 

They cannot garnish something that you have not earned yet. Bank accounts can be garnished, unpaid salaries cannot. I think this is what he was concerned about

[jopoc]

Bosing may tanong ako regarding RA 9262. is violation of the law a continuing crime? or an offender may be charged with another information given another circumstance of violation?

 

ano effect nun sa unang kaso in case?

 

 

the law does not specifically state that it is. but it is my opinion that those acts that are done habitually (like beating, forcing them into prostitution, etc) canbe considered as a continuing crime.

 

charged with another information? you mean to have 2 cases in a single violation. yes, it is possible. if one act violates the Revised Penal Code and a Special law, like this one, then 2 informations can be filed in separate courts. for example, serious physical injuries under the RPC and beating under 9262. one act or series of acts, but 2 informations/ cases.

 

if this happen, both cases will proceed independently

[between_angels]

They cannot garnish something that you have not earned yet. Bank accounts can be garnished, unpaid salaries cannot. I think this is what he was concerned about

 

 

thanks mga sir,

 

one more question, civil case ba reflects in nbi clearance?

 

kxe i have plans in working sa singapore anytime soon eh di ko sure kung reflect un sa nbi clearance ko.

 

thanks mga sir.

[_Pabling]

How to check if your already using USB 2.0

 

Windows® 98/Me

Right-click the My Computer icon and select Properties.

 

 

Click the Device Manager tab.

 

 

Click the plus (+) sign next to Universal Serial Bus Controllers.

 

 

Note: If Universal Serial Bus Controllers is not listed, there is a problem with the USB controller or the USB controller is not enabled in the computer's BIOS. Please contact the computer or card manufacturer for updated drivers and/or for information on how to fix or enable the USB controller.

 

If Enhanced Host Controller and/or USB 2.0 Root Hub Device is listed, then the computer has USB 2.0 ports.

 

 

If Universal Host Controller and/or Open Host Controller is listed, then the computer has USB 1.1 ports.

 

 

Windows® 2000/XP

 

Right-click the My Computer icon and select Manage.

 

 

Note: Windows XP users may need to click Start to access the My Computer icon.

 

Click the Device Manager icon.

 

 

Click the plus (+) sign next to Universal Serial Bus Controllers.

 

 

Note: If Universal Serial Bus Controllers is not listed, there is a problem with the USB controller or the USB controller is not enabled in the computer's BIOS. Please contact the computer or card manufacturer for updated drivers and/or for information on how to fix or enable the USB controller.

 

If Enhanced Host Controller and/or USB 2.0 Root Hub Device is listed, then the computer has USB 2.0 ports.

 

 

If Universal Host Controller and/or Open Host Controller is listed, then the computer has USB 1.1 ports.

 

HTH

Edited July 28, 2006 by _Pabling

[_Pabling]

thats for the Preliminary investigation only. meron pa sa court case yan, if mag file sa korte. pero mababa lang. its aroung 1% of what you are asking for.

 

gaano po kaya katagal ung TAT para mag move ung kaso?

[jopoc]

thanks mga sir,

 

one more question, civil case ba reflects in nbi clearance?

 

kxe i have plans in working sa singapore anytime soon eh di ko sure kung reflect un sa nbi clearance ko.

 

thanks mga sir.

 

nope. it wont reflect.

 

 

gaano po kaya katagal ung TAT para mag move ung kaso?

 

im sorry, whats TAT?

[Dr_PepPeR]

nope. it wont reflect.

im sorry, whats TAT?

 

Yes, what is TAT? Never heard of it.

[fauxhead]

Jopoc,

 

Won't this result in double jeopardy?

 

It is a cardinal rule that the protection against double jeopardy can be invoked for the same or identical criminal offense. An accused should only be punished once for a crime committed, even if two laws prescribe different punishments. The exception is, if the two criminal cases have different elements and nature. Stated otherwise, you can only prosecute an accused for two crimes if each crime involves some important act which is not an essential element of the other.

 

However, in this case, a criminal case for violation of RA 9262 Section 5a necessarily absorbs a charge for physical injuries.

 

Consider how the law was phrased:

 

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

 

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

 

Further, just because an act is punishable by a special law does not automatically make it malum prohibitum. One must look in the very nature of the act. Doing violence against women and children is always immoral and thus, malum in se.

 

Probably, you were referring to a independent civil action for damages arising from physical injuries, fraud, and defamation under Section 33 of the New Civil Code which can proceed independently of the criminal charge.

 

charged with another information? you mean to have 2 cases in a single violation. yes, it is possible. if one act violates the Revised Penal Code and a Special law, like this one, then 2 informations can be filed in separate courts. for example, serious physical injuries under the RPC and beating under 9262. one act or series of acts, but 2 informations/ cases.

 

if this happen, both cases will proceed independently

[rocco69]

tama si fauxhead, dapat hindi makasampa ng kaso ng filiation yung illegitimate na anak habang buhay pa yung friend mo. otherwise, baka mapilitan sya ng korte na i-recognize yun. meaning, pagnamatay siya, sure na meron syang share sa property.

 

in the case of your friend, at least half of the property will automatically go to the illegitimate kung testate (meaning meron will), and only a half can be given away. kung mamatay syang intestate (walang will), sa illegitimate mapupunta lahat.

 

also, whether mag ampon man sya o hindi, sure na me share yung illegitimate kung me judgment of filiation.

 

kung lipat nya by SALE yung properties sa mga relatives nya, of course, mahihirapan na maghabol ang illegitimate. pero kung DONATE nya lang, pwede collate yun at half ng property ay maaring bumalik sa illegitimate.

 

again, to be safe, mas mabuti na wag na sya (yung friend mo) makipagkita o makipagsulatan sa illegitimate na yun. baka gamitin na ebidensya yun laban sa kanya.

 

 

Just to correct the misimpression na di na makakahabol yung anak sa labas pag di siya nagsampa ng kaso for recognition habang buhay pa yung friend mo. Depende sa ebidensyang hawak nung anak kung makakapagclaim pa siya ng share o hindi after the death of your friend. Sa ilalim kasi ng Family Code, kung yung anak sa labas ay merong:

 

(1) record of birth appearing in the civil register [kung saan nakapirma yung friend mo na siya yung ama] or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

 

pwede siyang magsampa ng action for recognition kahit patay na yung sinasabi niyang ama niya. Consequently, he can claim his legitime after he proves his filiation (even though the alleged parent is already dead at the tinme of the filing of the action).

 

However, kung hindi ganito ang ebidensya niya, he has to file the action while his alleged parent is still alive (See Arts. 175 in relation to Articl 172 and 173, Family Code).

[zeromike22]

this is my probs..

 

just a while ago I have finished downloading nba live 2006 into my computer... Now as i tried to installed it may problema ako pag access sa disc 2 kasi hindi pala in iso or image format yung na download ko na files...

ok lang yung disc one pag install but as the command "please insert disc 2" comes out, i don't know nah what to do

 

how do i convert my downloaded files into an image format? So at least I can load it into a virtual program like alcohol120..

[jopoc]

i overlooked those provisions of RA9262. my bad.

 

 

but, with due respect,

 

as to being punished twice on the same act, i believe that this can happen without double jeopary. for example, ILLEGAL RECRUITMENT and ESTAFA or BP 22 and ESTAFA or accessory to theft and fencing, and so on.....

 

 

whatthe constitutions says is that "no person shall be twice put in jeopardy of punishment for the same offense" (Secx21, Art3)

meaning, the offense is the same, not the act itself. ergo, a sigle act can result to 2 or more offenses.

 

and sir, it is different from the civil code art33.

 

Jopoc,

 

Won't this result in double jeopardy?

 

It is a cardinal rule that the protection against double jeopardy can be invoked for the same or identical criminal offense. An accused should only be punished once for a crime committed, even if two laws prescribe different punishments. The exception is, if the two criminal cases have different elements and nature. Stated otherwise, you can only prosecute an accused for two crimes if each crime involves some important act which is not an essential element of the other.

 

However, in this case, a criminal case for violation of RA 9262 Section 5a necessarily absorbs a charge for physical injuries.

 

Consider how the law was phrased:

 

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

 

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

 

Further, just because an act is punishable by a special law does not automatically make it malum prohibitum. One must look in the very nature of the act. Doing violence against women and children is always immoral and thus, malum in se.

 

Probably, you were referring to a independent civil action for damages arising from physical injuries, fraud, and defamation under Section 33 of the New Civil Code which can proceed independently of the criminal charge.

Edited July 29, 2006 by jopoc

[jopoc]

Just to correct the misimpression na di na makakahabol yung anak sa labas pag di siya nagsampa ng kaso for recognition habang buhay pa yung friend mo. Depende sa ebidensyang hawak nung anak kung makakapagclaim pa siya ng share o hindi after the death of your friend. Sa ilalim kasi ng Family Code, kung yung anak sa labas ay merong:

 

(1) record of birth appearing in the civil register [kung saan nakapirma yung friend mo na siya yung ama] or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

 

pwede siyang magsampa ng action for recognition kahit patay na yung sinasabi niyang ama niya. Consequently, he can claim his legitime after he proves his filiation (even though the alleged parent is already dead at the tinme of the filing of the action).

 

However, kung hindi ganito ang ebidensya niya, he has to file the action while his alleged parent is still alive (See Arts. 175 in relation to Articl 172 and 173, Family Code).

 

 

sir, dito ko binase yung assumption na wala yung mga ebidensya na yan, so dapat during lifetime maghabol yung illegitimate na anak.

 

Sirs question lang po, I have a friend who is single but has an illegitimate child (anak sa labas), matanda na yung anak sa labas and may sarili ng family sa US, since birth di sya recognized na anak ng friend ko...

So pag namatay yung friend ko is there a way if ayaw nya sa anak sa labas mapunta yung properties nya? Kunwari sa siblings nya gusto mapunta or sa mga pamangkin? what are the legal ways? meron ba?

thanks po in advance.