legal Free Legal Advice

[jake_roxas]

what's wrong with alleging alternative causes of action?

 

what do you mean it is up to the lawyer not the client?

Edited August 28, 2006 by jake_roxas

[dictum]

what's wrong with alleging alternative causes of action?

 

what do you mean it is up to the lawyer not the client?

 

 

Thank you, sir Jake Roxas for a very lengthy lecture on "psychological incapacity". I'm pretty sure all of us were "enlightened" by your brilliance.

 

Just the same, I still maintain that it would be very easy for annulment practitioners to "make out" a case for annulment based on psychological incapacity given the spouse's sexual infidelity. And if he were my client, I would advise him to file for annulment and not merely legal separation taking into consideration that had it happened to me, I would want to remove her both physically and legally from my life.

 

Based on the case which you quoted herein-above, the Supreme Court ruled and I quote for immediate reference:

 

"Respondent’s sexual infidelity or perversion and abandonment do not by themselves constitute psychological incapacity within the contemplation of the Family Code. Neither could her emotional immaturity and irresponsibility be equated with psychological incapacity.[15] It must be shown that these acts are manifestations of a disordered personality which make respondent completely unable to discharge the essential obligations of the marital state, not merely due to her youth, immaturity[16] or sexual promiscuity."

 

Thus, as ruled by the Supreme Court "it must be shown that these acts are manifestations of a disordered personality to be equated with respondent completely unable to discharge the essential obligations of the marital state". As such, it is a matter of satisfying the legal and evidentiary requirements of the law. I'm pretty sure that any annulment lawyer worth his salt would be adept at fulfilling the rudimentary requirements of the law.

 

Hence, if it is a question of the best case to file, annulment should be preferred. Of course, it goes without saying that the evidentiary requirements should be met.

 

This being a "free legal advice forum", the client should be given the best options together with the possible risks and limitations and at the end of the day, he is free to choose which option would be viable and applicable to his situation.

 

Peace.

[wjc-934]

mga pre, napakalaki ng maitutulong nyo sakin pag alam nyo ang solusyon sa problema kong ito. nag attached ako ng pics na lagi lumalabas sa screen bago mag restart PC ko. thanks in advance...

[Waterbearer]

This being a "free legal advice forum", the client should be given the best options together with the possible risks and limitations and at the end of the day, he is free to choose which option would be viable and applicable to his situation.

 

Peace.

Feeling ko parang naglalaro tayo ng Deal or No Deal

 

Anyways......every option has pros and cons.....e mukhang pera ako kaya, annul talaga ang iaadvice ko bwahahahaha joke* joke* joke* I think this will depend on how confident the lawyer is of his/her ability to win the case. If his/her professional judgement tells him/her that the totality of the evidence presented does not fall short of proving psychological incapacity, then it's a go.....if it's not sufficient, the lawyer will go for other remedies.....which makes Legal separation a safe bet.....but if the personality of the lawyer is more of a risk-taker.......The alternative does not become an option.

Edited August 29, 2006 by Waterbearer

[quicksilver06]

Guys can you help me?

 

I lost my files, dont know what happened..pag open ko ng laptop ko, bumalik sa default settings ng windows..Concern ko lang kasi all my files are in my docs folder.Pero I noticed na andito pa rin yung mga programs ko..My docs files ko lang talaga nawala. I already perform system restore, but unfortunately di sya nag work.. Ano kaya cause? Im using WinXP Home edition.Pls. help me.

[jake_roxas]

Hence, if it is a question of the best case to file, annulment should be preferred. Of course, it goes without saying that the evidentiary requirements should be met.

 

This being a "free legal advice forum", the client should be given the best options together with the possible risks and limitations and at the end of the day, he is free to choose which option would be viable and applicable to his situation.

 

Peace.

 

and i would advise my client to file NOT JUST an Article 36 petition, i would rather allege alternative causes of action for annulment and legal separation.

 

but if the evidentiary requirements are met, then there would be no need for this discussion ait? because i for one would opt for article 36. but if it is just based on adulterous acts, i will stick to my alternative causes of action option.

[badblizzard]

Guys can you help me?

 

I lost my files, dont know what happened..pag open ko ng laptop ko, bumalik sa default settings ng windows..Concern ko lang kasi all my files are in my docs folder.Pero I noticed na andito pa rin yung mga programs ko..My docs files ko lang talaga nawala. I already perform system restore, but unfortunately di sya nag work.. Ano kaya cause? Im using WinXP Home edition.Pls. help me.

 

Are you logging in using the same user?

 

Tried booting up using safe mode? then access mo yung My docs ng different users mo. Should be under C:\Documents and Settings.

 

Let me know if you need more help.

[jake_roxas]

How do you plead an alternative cause of action?

 

"RULE 8

Manner of Making Allegations in Pleadings

 

xxx

 

Section 2. Alternative causes of action or defenses. — A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one cause of action or defense or in separate causes of action or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. (2)"

[Silent Partner]

To All our Lawyers

 

TANONG lang po !!

 

3 po kaming magkakaibigan, and we decided that each one invest 200T

to buy a piece of LAND,

 

Puede po bang ilagay sa name naming 3 iyung TITLE nito kung hindi po puede , what other LEGAL ways we CAN do para naman lahat kami ay magkaroon ng right doon sa LUPANG bibilhin namin.

 

Appreciate your replies

 

thanks

S.P.

[paupawie]

tao po! i have a question - yung isa kong pc, upon start-up, hard disk fail....nilipat ko sa isa kong pc, as a slave....nadetect naman..pero hindi tugma yung information sa computer management (yung sa control panel > administrative tools > disk management)....

 

...sira na kaya yung hard disk? at pwede pa kaya ma-retrieve yung data dun?

[Phrozhen.Khold]

mga pre, napakalaki ng maitutulong nyo sakin pag alam nyo ang solusyon sa problema kong ito. nag attached ako ng pics na lagi lumalabas sa screen bago mag restart PC ko. thanks in advance...

Based on the pics that you showed I'm thinking that the swapfile of your system is low thats why the memory dump happens... check your diskspace and memory usage... if that doesnt work try to run a repair of your OS installation...

[_Pabling]

basta sir pagginagamit mo lang siya paginternet,kahi paggamit mo word or powerpoint naghahang siya....pati sobra bagal niya bakit kaya ganun

 

nakapag scan kana ba ng viruses? what kind of net connection do you use with this pc? does it do the same thing when ur in safe mode?

 

mga pre, napakalaki ng maitutulong nyo sakin pag alam nyo ang solusyon sa problema kong ito. nag attached ako ng pics na lagi lumalabas sa screen bago mag restart PC ko. thanks in advance...

 

common tong BSOD na to'

 

The Stop 0xA message indicates that a kernel-mode process or driver attempted to access a memory location to which it did not have permission, or at a kernel interrupt request level (IRQL) that was too high. A kernel-mode process can access only other processes that have an IRQL lower than, or equal to, its own. This Stop message is typically due to faulty or incompatible hardware or software.

 

Possible Resolutions:

 

A Stop 0xA message might occur after installing a faulty device driver, system service, or firmware. If a Stop message lists a driver by name, disable, remove, or roll back the driver to correct the problem. If disabling or removing drivers resolves the issues, contact the manufacturer about a possible update. Using updated software is especially important for multimedia applications, antivirus scanners, and CD mastering tools.

 

A Stop 0xA message might also be due to failing or defective hardware. If a Stop message points to a category of devices (video or disk adapters, for example), try removing or replacing the hardware to determine if it is causing the problem.

 

If you encounter a Stop 0xA message while upgrading to Windows XPl, the problem might be due to an incompatible driver, system service, virus scanner, or backup. To avoid problems while upgrading, simplify your hardware configuration and remove all third-party device drivers and system services (including virus scanners) prior to running setup. After you have successfully installed Windows XP, contact the hardware manufacturer to obtain compatible updates.

 

tao po! i have a question - yung isa kong pc, upon start-up, hard disk fail....nilipat ko sa isa kong pc, as a slave....nadetect naman..pero hindi tugma yung information sa computer management (yung sa control panel > administrative tools > disk management)....

...sira na kaya yung hard disk? at pwede pa kaya ma-retrieve yung data dun?

 

try mong mag download ng HDD diags para malaman mo for sure. try mo to link.

 

HTH

[Guest xHANGMANx]

may other way ba para mapalitaw yung command prompt?

 

naka hide yung RUN function dito sa office

 

THANKS

Edited August 29, 2006 by xHANGMANx

[Waterbearer]

To All our Lawyers

 

TANONG lang po !!

 

3 po kaming magkakaibigan, and we decided that each one invest 200T

to buy a piece of LAND,

 

Puede po bang ilagay sa name naming 3 iyung TITLE nito kung hindi po puede , what other LEGAL ways we CAN do para naman lahat kami ay magkaroon ng right doon sa LUPANG bibilhin namin.

 

Appreciate your replies

 

thanks

S.P.

What you can do is slice the property into three ....When i said slice, pwede nyong gawing option is pahati na sa broker into 3 Deeds of Sale (which i don't think is a standard practice in real estate pero tanong nyo na lang sa kanya kung ok sa kanya yung ganung setup since sya naman ang magaayos ng titling) or ipangalan nyo muna sa isa tapos sya na ang maghahati sa tatlo....

 

Or kung gusto ninyo.....magventure na lang kayo into partnership/corporation, paregister nyo sa SEC tapos yung land title ipangalan ninyo under your business name

Edited August 30, 2006 by Waterbearer

[silentkill]

:cool: pano po kung yung marriage contract nyo ay hindi nakapirma yung wife mo pero nung kinasal kayo pumirma sya pero nung lumabas na yung marriage contract namin walang pirma applicable ba yun walang maaring problema dun guy ineed yuor opinion