legal Free Legal Advice

[nuneynu]

Thank you sir for your advice. It is much appreciated.

[pinpoint015]

I don’t know if this is the right thread to ask this. I’m planning to go to law school next year. I’ll take the PhilSAT in April 2019 and enroll by June. Which should I look for, a JD program or a Bachelor of Laws?

[hi_hello]

goop pm guys. ask lang po sana ako ng advice.

 

nag awol po ako sa last call center na hindi ko natapos ung training bond. ngaun nag rerequest ako sakanila nung 2316 pero ayaw nila ako i clear hangang d ko daw nababayaran ung balance ko sa training bond na P8000. pwede po ba i hold ng previous employer ko ung 2316 form ko dahil ayaw ko bayaran ung training bond?

[Roubaix]

Doesn't matter. If JD, you need to present a thesis in front of 3 lawyers that will grill you for an hour.

 

 

I don’t know if this is the right thread to ask this. I’m planning to go to law school next year. I’ll take the PhilSAT in April 2019 and enroll by June. Which should I look for, a JD program or a Bachelor of Laws?

Technically no.

 

But how long did you work for that company? Maybe the amount is too small to be a significant 2316.

 

 

goop pm guys. ask lang po sana ako ng advice.

 

nag awol po ako sa last call center na hindi ko natapos ung training bond. ngaun nag rerequest ako sakanila nung 2316 pero ayaw nila ako i clear hangang d ko daw nababayaran ung balance ko sa training bond na P8000. pwede po ba i hold ng previous employer ko ung 2316 form ko dahil ayaw ko bayaran ung training bond?

[jc44 - RETIRED]

I don’t know if this is the right thread to ask this. I’m planning to go to law school next year. I’ll take the PhilSAT in April 2019 and enroll by June. Which should I look for, a JD program or a Bachelor of Laws?

 

JD or LLB doesn't really make a difference except for the thesis part.

 

What you may want to consider looking into is if the school has an accredited clinical legal education program. That can help you get an exemption from the Community Legal Aid Service Rule once you start your practice.

 

Good luck sa Philsat and sa law school!

[wildswans]

I live in a townhouse. My mom can park her car immediately in front of our house and space on the right side of the car serves as driveway for other people behind us to pass or park by the wall which is still in front of our house so the space on the left side of the car serves as driveway. Recently she decide to park by the wall to give her more space in front of the front door. However, we have one neighbor who is an inggitera. I guess they are not happy with the set up because after we got home today, I reviewed the CCTV and saw that when they got home they intentionally drive a little quick in reverse and brake just in time which less than a foot of my mom's car. Kinda like taunting us. I kept the video just in case something happen to let authorities see that there was prior intention.

 

Should they hit our car whether by accident or not, What can we do especially if they refuse to pay? What's the procedure should they hit my mom's car? We are not in speaking terms for so many years already. But the other neighbor have no problem with the setup.

 

Any info will be greatly appreciated.

[jc44 - RETIRED]

I live in a townhouse. My mom can park her car immediately in front of our house and space on the right side of the car serves as driveway for other people behind us to pass or park by the wall which is still in front of our house so the space on the left side of the car serves as driveway. Recently she decide to park by the wall to give her more space in front of the front door. However, we have one neighbor who is an inggitera. I guess they are not happy with the set up because after we got home today, I reviewed the CCTV and saw that when they got home they intentionally drive a little quick in reverse and brake just in time which less than a foot of my mom's car. Kinda like taunting us. I kept the video just in case something happen to let authorities see that there was prior intention.

 

Should they hit our car whether by accident or not, What can we do especially if they refuse to pay? What's the procedure should they hit my mom's car? We are not in speaking terms for so many years already. But the other neighbor have no problem with the setup.

 

Any info will be greatly appreciated.

Hypothetically:

 

Hitting your car unintentionally falls under reckless imprudence resulting in damage to property, while hitting your car intentionally falls under malicious mischief.

 

Note that even if your CCTV footage shows a prior act of coming too close to your mom's car, that in and of itself does not prove intent. If anything, it strengthens the idea that your neighbor is reckless.

 

To be on the side of caution, first step would be to file a barangay blotter, para may record of the incident close to when it happens. Next is to ask them calmly and politely to settle the repairs. Kung may insurance kayong dalawa, hayaan na ninyo na yung insurance companies ninyo ang mag-away-away.

 

Kung ayaw talaga, next step would be barangay mediation. You would file a formal complaint before the lupon, and they will schedule mediation between you and your neighbor.

 

If that fails, and if the damage is substantial but less than P300k, then you can file a small claims case before the Municipal/Metropolitan Trial Courts. Di kailangan ng abugado doon. Pupunta ka lang sa Office of the Clerk of Court ng MTCs, may forms sila doon at listahan ng documents na kailangan. Kumpletuhin mo yung documents w/ proper marking (Annex "A." "B," etc., nakalag din usually sa form kung aling yung mga annexes), fill out the form, tapos submit everything to the OCC along with a minimal filing fee. You'll be informed later where your case was raffled and when your hearing date will be.

 

Small claims hearings themselves are closer to mediation than to actual court hearings. The judge will listen to your side then ask the other party to explain their side, tapos the judge will get both of you to agree to a settlement.

 

There is the option of filing a criminal complaint also, but that will take longer, and may not be necessary kung ang habol niyo lang ay yung pampaayos ng hypothetical damage sa sasakyan ng mom mo.

[mr_kindred23]

ask ko lang...yung paglalaro ba ng baraha like pusoy dos or any card games eh bawal ba? mainly in public? or what if sa loob ng bakuran?

[mr_kindred23]

Hypothetically:

 

Hitting your car unintentionally falls under reckless imprudence resulting in damage to property, while hitting your car intentionally falls under malicious mischief.

 

Note that even if your CCTV footage shows a prior act of coming too close to your mom's car, that in and of itself does not prove intent. If anything, it strengthens the idea that your neighbor is reckless.

 

To be on the side of caution, first step would be to file a barangay blotter, para may record of the incident close to when it happens. Next is to ask them calmly and politely to settle the repairs. Kung may insurance kayong dalawa, hayaan na ninyo na yung insurance companies ninyo ang mag-away-away.

 

Kung ayaw talaga, next step would be barangay mediation. You would file a formal complaint before the lupon, and they will schedule mediation between you and your neighbor.

 

If that fails, and if the damage is substantial but less than P300k, then you can file a small claims case before the Municipal/Metropolitan Trial Courts. Di kailangan ng abugado doon. Pupunta ka lang sa Office of the Clerk of Court ng MTCs, may forms sila doon at listahan ng documents na kailangan. Kumpletuhin mo yung documents w/ proper marking (Annex "A." "B," etc., nakalag din usually sa form kung aling yung mga annexes), fill out the form, tapos submit everything to the OCC along with a minimal filing fee. You'll be informed later where your case was raffled and when your hearing date will be.

 

Small claims hearings themselves are closer to mediation than to actual court hearings. The judge will listen to your side then ask the other party to explain their side, tapos the judge will get both of you to agree to a settlement.

 

There is the option of filing a criminal complaint also, but that will take longer, and may not be necessary kung ang habol niyo lang ay yung pampaayos ng hypothetical damage sa sasakyan ng mom mo.

 

 

may ganyan din kami kapitbahay..kc may bakal yung bakuran namin sa labas ...kung umusod nga yung sasakyan almost bangain na...para bang nananadya...tnx for the info sir johncarter...wla lang kami cctv ..but secretly capturing it from time to time on cp might do as evidence someday..panlakas ebidensya ba na reckless tlaga sila..intentionally or unintentionally.....alsoma proseso pala ang filing just incase...but again thank you for the info...

[Roubaix]

Just as long as there is no money, then it can't be gambling.

 

But then there is always the "standby" law - vagrancy.

 

 

ask ko lang...yung paglalaro ba ng baraha like pusoy dos or any card games eh bawal ba? mainly in public? or what if sa loob ng bakuran?

[MykG2G]

Why do you need to 2316, btw?

 

goop pm guys. ask lang po sana ako ng advice.

 

nag awol po ako sa last call center na hindi ko natapos ung training bond. ngaun nag rerequest ako sakanila nung 2316 pero ayaw nila ako i clear hangang d ko daw nababayaran ung balance ko sa training bond na P8000. pwede po ba i hold ng previous employer ko ung 2316 form ko dahil ayaw ko bayaran ung training bond?

[rapi]

Thank you for replying to my message. Do I really have no other choice?

You can always file a custody case over your child, pero magastos yan.. Kaya dapat talaga magkasundo kayo ng ex-gf mo at ng family niya.

 

[charliehouse]

Ask ko lang po sana... May sasakyan po kasi na benenta ng wife ng kabarkada ko. Patay na yung kabarkada ko at may tatlo silang anak puro minors pa. Ano po dapat kong gawin? Anong papeles po ang dapat iexecute?

[YellowPanda]

Ask ko lang po sana... May sasakyan po kasi na benenta ng wife ng kabarkada ko. Patay na yung kabarkada ko at may tatlo silang anak puro minors pa. Ano po dapat kong gawin? Anong papeles po ang dapat iexecute?

Binebenta sayo? There are many ways to skin a cat, sabi nga nila. On the top of my head, you can deal with it mainly in the following ways,

 

Legally, kailangan may magsettle ng estate ng barkada mo at ang car na iniwan niya ay technically part na ng "estate of the deceased" at kailangan isama na sa pagccompute ng total estate niya, which shall be the basis of computing the estate taxes to be paid. In this regard, kailangan magexecute ng deed of extrajudicial settlement ng surviving heirs, which in this case is the spouse and the minor children. The surviving spouse can sign for the minor children. At this point, a sale transaction for the car could be made, by the heirs to you, representing the estate, but the proceeds of the sale will have to form part of the estate of the deceased, and will ultimately be subjected to estate taxes. (But this doesnt really concern you, the buyer of the car)

 

Extralegal means tho, some people would suggest ante dating the sale of the car. This means falsifying documents and making it appear that the car was sold prior to the death of your barkada. It may be easier, faster, cost effective, and less of a hassle. But, it is against the law.

[arnel_gumaru]

dear lawyers... patulong naman po. san po ba dapat magbayad ng bail? my brother is in jail due to violation of Batas Pambansa 22 (bouncing checks law). the case was filed in a court in manila but he resides in cavite. first time namin gagawin to. sabi nung trial court sa cavite wala kasing available na judge (mga naka-leave) kaya pinapunta kami sa court branch sa manila. may mga requirements pa pala kami dapat i-accomplish.

 

Ngayon ko lang uli binalikan yung warrant of arrest (hindi nya kasi natanggap yung mga notices and summons), and the paragraph about the bail says this:

 

"The bail for the release of the accused is fixed at <bail amount> which may be furnished by the accused either, (a) by depositing the amount thereof with the nearest collector of Internal Revenue or Provincial, City or Municipal treasurer who should transmit the same amount to this court, or ( by furnishing a personal bail bond subscribed by one (1) or more solvent sureties whose solvency may be shown by their land tax receipt and..."

 

Di ko na tinapos yung buong paragraph.. pero pwedeng mag bayad ng bail amount sa BIR or sa City/Municipal treasurer?

[atty. 190e]

dear lawyers... patulong naman po. san po ba dapat magbayad ng bail? my brother is in jail due to violation of Batas Pambansa 22 (bouncing checks law). the case was filed in a court in manila but he resides in cavite. first time namin gagawin to. sabi nung trial court sa cavite wala kasing available na judge (mga naka-leave) kaya pinapunta kami sa court branch sa manila. may mga requirements pa pala kami dapat i-accomplish.

 

Ngayon ko lang uli binalikan yung warrant of arrest (hindi nya kasi natanggap yung mga notices and summons), and the paragraph about the bail says this:

 

"The bail for the release of the accused is fixed at <bail amount> which may be furnished by the accused either, (a) by depositing the amount thereof with the nearest collector of Internal Revenue or Provincial, City or Municipal treasurer who should transmit the same amount to this court, or ( by furnishing a personal bail bond subscribed by one (1) or more solvent sureties whose solvency may be shown by their land tax receipt and..."

 

Di ko na tinapos yung buong paragraph.. pero pwedeng mag bayad ng bail amount sa BIR or sa City/Municipal treasurer?

 

Sa office of the clerk of court (OCC).

[jopok]

Wala kami union sa company..LMC ang amin..at member ako ng committe or council..i know na as a council ay pwede kami mag try na manegotiate ang mga benefit at wages..question ko pwede ba kami(labor side ng council)na makakuha sa sec ng copy ng kinita ng company o saan gov agency po ba?..multinational ang company.. salamat po

[jc44 - RETIRED]

Wala kami union sa company..LMC ang amin..at member ako ng committe or council..i know na as a council ay pwede kami mag try na manegotiate ang mga benefit at wages..question ko pwede ba kami(labor side ng council)na makakuha sa sec ng copy ng kinita ng company o saan gov agency po ba?..multinational ang company.. salamat po

 

Clarification: since wala kayong union, "labor-management committee" ang tawag dun.

 

There is, AFAIK, no regulation in place that governs the organization or operations of LMCs, aside from Art. 255 of the Labor Code (as amended). Check with the rest of the LMC members for any set of by-laws that were crafted at the time the LMC was organized, those by-laws would govern how to go about accessing pertinent information on the corporation such as financial statements and reports.

 

Kung wala kayong by-laws, consider contacting the National Conciliation and Mediation Board for technical assistance. --->http://co.ncmb.ph/contact-us/

 

All of that said, kung matigas yung ulo ng corporate counterparts ninyo, you can request for an Audited Financial Statement from the SEC. May bayad nga lang per page. Additionally, it will only cover the locally formed and registered corporation, and will not include the entire multinational corporation.

[semiRICHLonelyguy]

Yung friend Kong girl nagka AIDS dahil nahawaan siya Ng asawa niya . Before they got married suki say spakol kasi Ang mister

Kabarkada ko Yung girl since highschool and she doesn't deserve what happened to her dahil say kalokohan Ng asawa niya

May case ba siyang pwede ifile against SA husband niya?

[jc44 - RETIRED]

Yung friend Kong girl nagka AIDS dahil nahawaan siya Ng asawa niya . Before they got married suki say spakol kasi Ang mister

Kabarkada ko Yung girl since highschool and she doesn't deserve what happened to her dahil say kalokohan Ng asawa niya

May case ba siyang pwede ifile against SA husband niya?

 

Depends on what your friend wants to do, if your friend wants to do anything at all.

 

If she is serious about exploring the possibility of pursuing legal action against her husband, I recommend that she seek counsel. Mahirap yung ganitong hypothetical discussions kasi mas madaling magkamali ng advice yung abugado kung kulang-kulang yung info.

[charliehouse]

Same lang ba ang trade name at business name?

May registration na ako sa DTI tapos sa application for mayor's permit may field na nakalagay business name at another field na trade name yung Business Name ko sa DTI yun ba ang ilalagay rin sa trade name na field sa application?

[Willingtopay]

Hi po. Isa po akung OFW for 11 years at nasa medical field ako nag tatrabaho ang tatay ko naman po ay isang general surgeon na doctor sa pilipinas. Never ko pa syang na meet in person. Simula nung nalaman nyang buntis ang mama ko 28 years ago ay hindi nya ako pinanagutan. Iniwanan nya si mama,

 

Pero sya ang nakalagay sa birth certificate ko pero u doubt na sya ang nag perma dun sa papers.

 

So ang tanung ko po ay may karapatan ba ako sa pera nya and properties or may karapatan pa po ba akung humingi ng sustento.

 

For the record po may mga kilala ako in person sa trabaho ko or during my internship sa pilipinas na kilala nya. Pero never syang nag approach para mahanap ako o makausap man lang.

 

Yung isa ko pong mentor ay classmate nya sa med school.

 

Please help me

[jc44 - RETIRED]

Hi po. Isa po akung OFW for 11 years at nasa medical field ako nag tatrabaho ang tatay ko naman po ay isang general surgeon na doctor sa pilipinas. Never ko pa syang na meet in person. Simula nung nalaman nyang buntis ang mama ko 28 years ago ay hindi nya ako pinanagutan. Iniwanan nya si mama,

 

Pero sya ang nakalagay sa birth certificate ko pero u doubt na sya ang nag perma dun sa papers.

 

So ang tanung ko po ay may karapatan ba ako sa pera nya and properties or may karapatan pa po ba akung humingi ng sustento.

 

For the record po may mga kilala ako in person sa trabaho ko or during my internship sa pilipinas na kilala nya. Pero never syang nag approach para mahanap ako o makausap man lang.

 

Yung isa ko pong mentor ay classmate nya sa med school.

 

Please help me

 

Under the Family Code, only minor children are entitled to support. Children who have reached the age of majority are only entitled to limited support, for "schooling or training for some profession, trade or vocation" (Art. 194, FC)

 

As to your rights to a portion of your supposed father's money and properties, that will only arise once he passes away. Before then, you would need to prove that he really is your father, while he's still alive (see Art. 172-175 of FC), in order to be considered an heir.

 

Suggest that you contact a lawyer with experience in family law and estate proceedings to guide you more fully. Hope this helps.

[rocco69]

"Under the Family Code, only minor children are entitled to support."

 

With all due respect, would just like correct this statement, to prevent misconceptions about support.

 

Whether minor or of age, ALL PERSONS are entitled to support TO THE FULL EXTENT PROVIDED BY LAW (See Art. 195, Family Code).

 

However, you will be entitled to support ONLY IF YOU NEED IT!

 

Per Willingtopay's narrative, he's an OFW working in the medical field. While his father may have the obligation to support him, since he can clearly support himself, he would not be entitled to demand support from his father. On the other hand, an adult jobless quadreplegic, even if already of age, would be entitled to full support from the persons obliged to support him.

 

Sa madaling salita, ang suporta ay depende sa kakayahan at pangangailangan. Ang menor-de-edad, dahil walang kakayahan at kadalasan ay walang trabaho, ay may karapatang humingi ng suporta; samantalang ang taong nasa edad na ay kalimitan may trabaho na at kaya nang suportahan ang sarili, kung kaya't nawawalan siya ng karapatang humingi ng suporta sa mga kamag-anak niya.

 

As to Willingtopay's entitlement to his father's money and properties, indeed, he would have a right to such upon his father's death.

 

NGUNIT, SUBALIT, DATAPWAT...

 

Kailangan niyang mapatunayan na tatay nga niya si Dok. Hangga't hindi niya napapatunayan na ama niya si Dok, wala siyang karapatang pumarte sa ari-arian nito.

 

Ayon na rin sa kwento ni Willingtopay, malabong nakapirma ang tatay niya sa birth certificate niya. Mas malabong may ibang dokumentong pirmado ni Dok kung saan inaamin ni Dok na siya ang ama.

 

At dahil hindi naman kasal si Dok sa ina ni Willingtopay, lumalabas na illegitimate siya.

 

Ayun sa Art. 175 ng Family Code, kapag illegitimate at kung ang ebidensya ni Willingtopay ay hindi birth certificate na pirmado ni Dok, o dokumentong notaryado (Halimbawa, ang ebidensya niya ay DNA test), kailangan maisampa na niya ang kaso para pilitin ang tatay niyang kilalanin siya bilang anak abang nabubuhay pa ito.

 

Kapag maghahabol si Willingtopay sa panahong patay na si Dok ay hindi na siya papayagan ng batas na maghabol.

 

In other words, bilisan mo na habang buhay pa si Dok. Pag natigok na yan ay huli na ang lahat.

 

Under the Family Code, only minor children are entitled to support. Children who have reached the age of majority are only entitled to limited support, for "schooling or training for some profession, trade or vocation" (Art. 194, FC)

 

As to your rights to a portion of your supposed father's money and properties, that will only arise once he passes away. Before then, you would need to prove that he really is your father, while he's still alive (see Art. 172-175 of FC), in order to be considered an heir.

Suggest that you contact a lawyer with experience in family law and estate proceedings to guide you more fully. Hope this helps.

Edited January 4, 2019 by rocco69

[bluekiss]

Goodam guys,whats the best thing to do if tingin mo pinagiinitan k ng manager mo by serving you ntes for offenses that you did not commit?pwede ba sila balikan for libel or defamation since nte's are included on 201 file,if you proved them wrong on the offenses which you did not do?mkhng pinagiinitan kasi ako ngaun ng indianong manager namin at ngpowertrip ngbgay ng sandamakmak n nte,daig ko p artistang ngpapirma sa fans sa dami ng papel n pnapapirma saken