legal Free Legal Advice

[charliehouse]

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.

Thank u po sa reply sir.

[Firewolf9]

Hi atty, magandang umaga,

may katanungan po ako tungkol sa magiging parte namin sa lupain ng aming magulang pasensya na at medyo mahaba po ito.

Kami po pitong magkakapatid ay nag aalaga ng 3 ektaryang lupain (hindi pa namin pag-aari) naghiwalay po si nanay at tatay ko (umalis po kami sa lugar. Since wala naman divorce dito sa pinas ang tatay ko ay nagkaroon ng 2 anak sa iba(Di sila kasal). Nung namatay na po yung nanay ko nagpakasal naman po yung tatay ko isa na namang babae (legal) at mayroon silang isang anak. Yung lupa po ay naipagkaloob sa tatay ko through (CARP) habang nagsasama sila ng huling nyang asawa. Yung titulo ng lupa ay nakapangalan sa kanilang dawala. Marami po silang naipundar ng kasalukuyang nyang asawa( mga lupain at kagamitan). Namatay po yung tatay ko na walang naiwang WIll o kasulatan.

Ang katanungan ko po ay :

1. May parte po ba kami sa lupain? Kung meron po paano po yung hatian (10 yung mga anak 2 Illegitimate).

2. Paano naman yung usapan pagdating sa ibang naipundar ng tatay ko maliban sa lupain?

3. Since kami naman yung nakakatanda cguro makikinig naman ang lahat kung ano ang desisyon ng mga nauna. Ano kaya ang magandang suhestyon na fair naman sa lahat para maiwasan lang ang gastusin sa legalidad.

Maraming Salamat sa lahat.

[Berdeng_Anino]

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.

 

Maisingit ko lang po, Mr. YellowPanda,

 

usually po ilang taon kaya maayos yung sa extrajudicial settlement? Yung sa tatay ko kasi 5yrs na syang sumakabilang buhay, up to now dipa namin maayos ayos yung sa titulo ng bahay namin, as per atty namin nasa korte pa daw? Worry ko, matanda nadin nanay ko, baka another proseso nanaman di pa naayos yung nauna...

 

patulong po sana...

 

 

Thanks

[YellowPanda]

 

Maisingit ko lang po, Mr. YellowPanda,

 

usually po ilang taon kaya maayos yung sa extrajudicial settlement? Yung sa tatay ko kasi 5yrs na syang sumakabilang buhay, up to now dipa namin maayos ayos yung sa titulo ng bahay namin, as per atty namin nasa korte pa daw? Worry ko, matanda nadin nanay ko, baka another proseso nanaman di pa naayos yung nauna...

 

patulong po sana...

 

 

Thanks

Ang Extrajuducial settlement, it actually means na issettle ang estate ng deceased without court intervention. Basically, mageexecute lang ng document ang heirs, listing the properties of the deceased, then notaryohan, punta sa BIR, then if may real property like lupa, makakakuha ng "certificate authorizing registration" or CAR. Then, ppunta sa registry of deeds para malipat ang titulo sa heirs.

 

Normally, the process takes a few weeks provided na kaya icomplete requirements. Ung matagal jan is ung sa Registry of deeds, mga 1-2months from submission ng complete docs.

 

Re: ung sinasabi ng lawyer mo, baka may third party claimant or may heir na hindi masaya sa hatian kaya nasa court ang pagsettle ng estate. OR nagpapatitulo palang ng lupa kaya nasa court.

[blitz01]

Any finance lawyers here? Back in 2009 my company didn't close and settle my corporate credit card account properly, so when I resigned I was surprised to find out that I was still left with a hefty bill (it is a corporate card but it is listed under my name). Naturally I refused to pay because it was for legitimate costs incurred by the company through me (i.e. official travel, etc.). The bank tried to collect for a few years but eventually the calls / letters stopped and it was written off.

 

Fast forward to 2019, I am trying to transfer (take out) my home loan from one bank to the other - the current bank that holds my home loan is the parent company of the credit card that defaulted and was written off. They are refusing to transfer the home loan to the new bank even after the new bank already approved my loan with them and willing to pay the current bank the full amount of the home loan for take out / transfer to their system. Is the current bank allowed to do that?

[rocco69]

 

Hi atty, magandang umaga,

may katanungan po ako tungkol sa magiging parte namin sa lupain ng aming magulang pasensya na at medyo mahaba po ito.

Kami po pitong magkakapatid ay nag aalaga ng 3 ektaryang lupain (hindi pa namin pag-aari) naghiwalay po si nanay at tatay ko (umalis po kami sa lugar. Since wala naman divorce dito sa pinas ang tatay ko ay nagkaroon ng 2 anak sa iba(Di sila kasal). Nung namatay na po yung nanay ko nagpakasal naman po yung tatay ko isa na namang babae (legal) at mayroon silang isang anak. Yung lupa po ay naipagkaloob sa tatay ko through (CARP) habang nagsasama sila ng huling nyang asawa. Yung titulo ng lupa ay nakapangalan sa kanilang dawala. Marami po silang naipundar ng kasalukuyang nyang asawa( mga lupain at kagamitan). Namatay po yung tatay ko na walang naiwang WIll o kasulatan.

Ang katanungan ko po ay :

1. May parte po ba kami sa lupain? Kung meron po paano po yung hatian (10 yung mga anak 2 Illegitimate).

2. Paano naman yung usapan pagdating sa ibang naipundar ng tatay ko maliban sa lupain?

3. Since kami naman yung nakakatanda cguro makikinig naman ang lahat kung ano ang desisyon ng mga nauna. Ano kaya ang magandang suhestyon na fair naman sa lahat para maiwasan lang ang gastusin sa legalidad.

Maraming Salamat sa lahat.

 

1. May parte po ba kami sa lupain? Kung meron po paano po yung hatian (10 yung mga anak 2 Illegitimate).

 

Medyo magulo at mahaba ang explikasyon sa tanong ninyong ito.

 

Hindi mo nasabi kung nagkaroon ng extrajudicial settlement para sa mga ari-ariang naiwan ng nanay nyo ng ito ay pumanaw. Hindi mo rin nasabi kung kailan ikinasal ang inyong magulang, at kailan ikinasal sa pangalawa niyang asawa ang tatay nyo.

 

Kung ipapalagay natin na walang pagsasa-ayos, sa pamamagitan ng Estrajudicial, o di-kaya'y Judicial Settlement of Estate, ng mga ari-ariang naiwan ng nasira ninyong ina [ito ang ating ipapalagay dahil ito ang mas malimit na nangyayari]

 

(PUNA: hindi maaaring sabihin na nagkaparte ang inyong ina dun sa 3 ektarya dahil ito ay nakapangalan sa Estado nung panahong inaalagaan ninyo ito. Ito ay pag-aari ng pamahalaan, kahit gaano na kayo katagal nakapwesto dun. Naging pribadong pag-aari lamang ito ng igawad ng gobyerno sa inyong ama at kanyang pangalawang asawa [tingnan ang Naval v. Jonsay, 50 O.G. 4792]

 

at ipapalagay din natin na sila ay ikinasal ng inyong tatay sa petsa kung kailan mabisa na ang Family Code of the Philippines (after August 3, 1988), ang mangyayari ay Article 103, paragraph 3 ng Family Code ang iiral sa pagitan ng tatay niyo at kanyang pangalawang asawa. Complete separation of property ang iiral sa kanilang mag-asawa.

 

Pero dahil kasal na sa pangalawa niyang asawa ang tatay niyo ng igawad ng gobyerno yung lupa, AT ITO AY IGINAWAD SA KANILANG DALAWA, kalahati nun ay sa kanyang pangalawang asawa (ibig sabihin 1.5 hectares ay sa pangalawang asawa).

 

Sa natitirang 1.5 hectares, ito ay HAHATI-HATIIN SA DALAWAMPUNG PARTE AT BAWAT ISANG LEHITIMONG ANAK AY MAY PARTENG 2/20; samantalang ang PANGALAWANG ASAWA AY MAYRON DING KAPAREHONG PARTE (2/20 DIN) [dahil ang asawa ay tagapagmana din sa nasira niyang asawa, at ang parte niya ay kapareho sa parte ng isang anak - tingnan ang Article 999, Civil Code). Ang dalawang anak sa labas ay may karapatan sa 1/20 (dahil ang anak sa labas ay may karapatang magmana ng kalahati ng mamanahin ng tunay na anak - kung 2/20 sa inyo, kalahati lang sa kanila, o 1/20. Tingnan ang Article 176, Family Code).. Suma total:

 

8 lehitimong anak = 2/20 bawat isa o 16/20

Pangalawang asawa = 2/20

2 anak sa labas = 1/20 bawat isa o 2/20

 

Total 20/20

 

Kung sa metro kwadrado ang usapan:

 

8 lehitimong anak = 1,500 square meter bawat isa o 12,000 square meters lahat

Pangalawang asawa = 1,500 square meters

2 anak sa labas = 750 square meters bawat isa o 1,500 square meters lahat

 

Total = 15,000 square meters or 1.5 has. [Pinakamalaki bale ang sa pangalawang asawa, yung 1.5 has. na parte niya + 1,500 sq. meters pa na mana niya sa kanyang pumanaw na asawa]

 

 

2. Paano naman yung usapan pagdating sa ibang naipundar ng tatay ko maliban sa lupain?

 

Sa ibang naipundar (ipapalagay natin na TATAY NYO LANG ANG NAGPUNDAR NUN), ganun din ang hatian. Ito ay HAHATI-HATIIN SA DALAWAMPUNG PARTE AT BAWAT ISANG LEHITIMONG ANAK AY MAY PARTENG 2/20; samantalang ang PANGALAWANG ASAWA AY MAYRON DING KAPAREHONG PARTE (2/20 DIN). Ang dalawang anak sa labas ay may karapatan sa 1/20. Suma total:

 

8 lehitimong anak = 2/20 bawat isa o 16/20

Pangalawang asawa = 2/20

2 anak sa labas = 1/20 bawat isa o 2/20

 

 

3. Ano kaya ang magandang suhestyon na fair naman sa lahat para maiwasan lang ang gastusin sa legalidad?

 

Ang nakasaad kanina ay ang legal na paghahati-hati sa lupa. Kung magkakasundo naman kayo sa ibang hatian, walang problema. Kahit anong hatian, OK, basta nagkasundo kayo. Nasa inyong pag-uusap na iyan.

 

Good luck!

Edited January 16, 2019 by rocco69

[rocco69]

Any finance lawyers here? Back in 2009 my company didn't close and settle my corporate credit card account properly, so when I resigned I was surprised to find out that I was still left with a hefty bill (it is a corporate card but it is listed under my name). Naturally I refused to pay because it was for legitimate costs incurred by the company through me (i.e. official travel, etc.). The bank tried to collect for a few years but eventually the calls / letters stopped and it was written off.

 

Fast forward to 2019, I am trying to transfer (take out) my home loan from one bank to the other - the current bank that holds my home loan is the parent company of the credit card that defaulted and was written off. They are refusing to transfer the home loan to the new bank even after the new bank already approved my loan with them and willing to pay the current bank the full amount of the home loan for take out / transfer to their system. Is the current bank allowed to do that?

Is the current bank allowed to do that?

 

Sa malas mo, parang oo. Ayon sa Art. 1236 ng Civil Code:

 

Art. 1236. The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary.

 

Ayun din sa Art. 1293:

 

Art. 1293. Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. Payment by the new debtor gives him the rights mentioned in Articles 1236 and 1237. (1205a)

[Titojunjunnegroni]

Where are my lawyers when I needed them? Haha

 

Anyway, my issue..

 

My company booked a trip to Taiwan. But the thing is, the trip comes with a bond for one year. And if you didn't join the trip, you will still work AND pay for the whole trip(airfare, Food, tour). Is this even legal in the labor code?

[rocco69]

Where are my lawyers when I needed them? Haha

 

Anyway, my issue..

 

My company booked a trip to Taiwan. But the thing is, the trip comes with a bond for one year. And if you didn't join the trip, you will still work AND pay for the whole trip(airfare, Food, tour). Is this even legal in the labor code?

what is the trip for?

[Titojunjunnegroni]

National sales convention.

what is the trip for?

[Scubadoo]

if your supervisor requires you to take neuro psychological test, is he violating your rights?

[rocco69]

National sales convention.

Unless your consent to the purchase of the ticket was obtained beforehand, deducting the expenses of the trip from your salary is disallowed by the Labor Code (See Article 113, labor Code)

if your supervisor requires you to take neuro psychological test, is he violating your rights?

Nope, that's management prerogative. If you don't like it, you can always resign.

[watashiwasexonolibognichan]

Legal Question

 

Does Meralco Have the right to press charges

if you stop them from replacing an electricity line inside your private property?

 

Background of the Situation:

 

We have a warehouse , at the back of our warehouse, Meralco has a transmission line there in the middle of our 1000 sqm lot. So its been 50 years already ,rent FREE and we are not able to build anything there since that post is in the middle of our lot.

Now, they want to replace the wooden pole with a metal one. So were requesting them to move it to the side of the perimeter wall since they are going to replace it anyway. but the bosses said no. So if we stop them from replacing the pole. Can they press charges? and on what grounds? Please look at it as a property owners point of view. We are not asking them to remove it totally. we are simply asking them to move it to the side of the wall so we can develop something in that land space

 

Thanks for everyone who will answer

[watashiwasexonolibognichan]

Legal Question

 

Does Meralco Have the right to press charges

if you stop them from replacing an electricity line inside your private property?

 

Background of the Situation:

 

We have a warehouse , at the back of our warehouse, Meralco has a transmission line there in the middle of our 1000 sqm lot. So its been 50 years already ,rent FREE and we are not able to build anything there since that post is in the middle of our lot.

Now, they want to replace the wooden pole with a metal one. So were requesting them to move it to the side of the perimeter wall since they are going to replace it anyway. but the bosses said no. So if we stop them from replacing the pole. Can they press charges? and on what grounds? Please look at it as a property owners point of view. We are not asking them to remove it totally. we are simply asking them to move it to the side of the wall so we can develop something in that land space

 

Thanks for everyone who will answer

[jc44 - RETIRED]

Legal Question

 

Does Meralco Have the right to press charges

if you stop them from replacing an electricity line inside your private property?

 

Background of the Situation:

 

We have a warehouse , at the back of our warehouse, Meralco has a transmission line there in the middle of our 1000 sqm lot. So its been 50 years already ,rent FREE and we are not able to build anything there since that post is in the middle of our lot.

Now, they want to replace the wooden pole with a metal one. So were requesting them to move it to the side of the perimeter wall since they are going to replace it anyway. but the bosses said no. So if we stop them from replacing the pole. Can they press charges? and on what grounds? Please look at it as a property owners point of view. We are not asking them to remove it totally. we are simply asking them to move it to the side of the wall so we can develop something in that land space

 

Thanks for everyone who will answer

 

Suggest that you check the TCT of your warehouse property for any annotations related to the transmission line. Transmission lines are usually built on property where MERALCO has right-of-way, either by easement or by purchasing the property itself. In any case, those should be annotated to the TCT. If the TCT has no such annotations, then you can ask MERALCO for copies of whatever agreements were made at the time the power line post was erected. That would give you a better idea of how to proceed, and if there might be a need to renegotiate the original terms of MERALCO's use and access to your property.

 

From a practical perspective, replacing the wooden pole is also a safety measure, as wooden poles degrade over time. Replacing them would be in everyone's interest, including yours as property owner. IMHO it would be best to work with MERALCO to resolve the matter than treat it as something adversarial and potentially litigious.

[watashiwasexonolibognichan]

 

Suggest that you check the TCT of your warehouse property for any annotations related to the transmission line. Transmission lines are usually built on property where MERALCO has right-of-way, either by easement or by purchasing the property itself. In any case, those should be annotated to the TCT. If the TCT has no such annotations, then you can ask MERALCO for copies of whatever agreements were made at the time the power line post was erected. That would give you a better idea of how to proceed, and if there might be a need to renegotiate the original terms of MERALCO's use and access to your property.

 

From a practical perspective, replacing the wooden pole is also a safety measure, as wooden poles degrade over time. Replacing them would be in everyone's interest, including yours as property owner. IMHO it would be best to work with MERALCO to resolve the matter than treat it as something adversarial and potentially litigious.

 

Thank you for the answer sir

 

additional question

 

Meralco keeps on claiming that they made an agreement with the previous owner, but they do not have any legal document to prove it

The lot is not annotated in the tct. nor is it owned by meralco or the government. since it is in the middle of the private property

 

actually its really funny how meralco is the one who is rejecting the talk between us. We are not even asking any payment for the space they have occupied for years. we are merely requesting them to transfer it to the side of the wall. so that we can use that lot for a proposed warehouse

[jc44 - RETIRED]

 

Thank you for the answer sir

 

additional question

 

Meralco keeps on claiming that they made an agreement with the previous owner, but they do not have any legal document to prove it

The lot is not annotated in the tct. nor is it owned by meralco or the government. since it is in the middle of the private property

 

actually its really funny how meralco is the one who is rejecting the talk between us. We are not even asking any payment for the space they have occupied for years. we are merely requesting them to transfer it to the side of the wall. so that we can use that lot for a proposed warehouse

 

If MERALCO claims to have entered into an agreement with the previous owner, for either a lease of the property for over a year or for the purchase of the portion of the property where the post is, then it should have been reduced into writing. Otherwise that agreement is unenforceable. Doesn't help MERALCO that there is no annotation on the TCT as to any encumbrance or right-of-way in their favor.

 

In any case, I'd still recommend maintaining open channels with MERALCO. Baka naman there's another department or another person in authority that you can talk to who may be more reasonable in dealing with the situation.

[elias-ibarra]

Any one here knows a lawyer who can handle the Anti-VAWC Non-Support case filed against by my ex-wife?

 

My ex is type na walang pakialam kung sisirain niya ako by going to the social media and Tulfo to air her grievance. Her actions somehow destroyed ny professional reputation. Then my former lawyer/friend advised me not to give her support kasi ipambabayad lang daw sa magaling na lawyer, which I found out later was a bad legal advise. Thus, the case against me.

 

When I was earning good then, I used to provide a minimum of 300k then monthly to them (we have 2 kids) but after the social media posting then Tulfo plus bad business deals, everything spiraled down financially.

 

I don't know, I'm afraid that she'll win the case.

[syjam]

Question for anyone who might know the answer... I tried to acquire the services of ab immigration consultancy. Sabi nila they have a promo slashing 75k off their total fee so I issued a post dated check to avail of it before the deadline. Before the deadline I made a decision not to pursie with the move due to financial matters. I told them honestly about it and they told me that their fee is non-refundable. I said it would be totally impractical to give someone an amount of money without any services rendered. As per my bank's advice and my own as well I had a stop payment order on the cheque put in place. My worry is if the company cashes the check in despite me telling them that I have cancelled the cheque already. Will the bounced cheque law apply to me, even if the cheque was cancelled ahead of time and funds are available in the account? I know that Post dated checques are valid for 6 months, does that mean the funds have to be there in the account for 6 months as well? I need to withdraw the funds as I just borrowed it for the purpose of funding the cheque in which case I dont need to since I am not going through with the services of the company....I would really appreciate your advice on this..

[whoaster]

Unless your consent to the purchase of the ticket was obtained beforehand, deducting the expenses of the trip from your salary is disallowed by the Labor Code (See Article 113, labor Code)

Nope, that's management prerogative. If you don't like it, you can always resign.

 

assuming that the person is already employed and has regular status, the company cannot force a neuro pyscho test, unless its a requirement for promotion or career movement in the company

 

once youve been made as a permanent employee, there are only a few authorized and just causes for termination

[Hugh_Jorgasm]

saw in the news that an mtc spa got raided recently, so i want to ask the advice of our resident lawyers on what to do if i'm in the spa while the raid happens. i'm sure i shouldn't try to run or something. do i just ask the thera to stop the ES/do a massage instead then wait for the knocking to come to our cubicle? what if police asks for my name/ID?

[whoaster]

saw in the news that an mtc spa got raided recently, so i want to ask the advice of our resident lawyers on what to do if i'm in the spa while the raid happens. i'm sure i shouldn't try to run or something. do i just ask the thera to stop the ES/do a massage instead then wait for the knocking to come to our cubicle? what if police asks for my name/ID?

 

bro if you got caught in the act, youll be charged of violation of expanded anti-trafficking in persons act of 2012

 

pag hindi ka "caught in the act" like youre just starting to ask about the ES, the least youll be charged with is attempted trafficking in persons, within the same law as mentioned above

 

pero if you got caught na massage phase pa lang, you can argue na ngpapamassage ka lang and no intention of soliciting sex from the masseuse

[LordShariggan]

pag hindi ka magbayad ng credit card ano pwed eikaso sayo

jailable ba yun

[HammerHammerHammer]

 

bro if you got caught in the act, youll be charged of violation of expanded anti-trafficking in persons act of 2012

 

pag hindi ka "caught in the act" like youre just starting to ask about the ES, the least youll be charged with is attempted trafficking in persons, within the same law as mentioned above

 

pero if you got caught na massage phase pa lang, you can argue na ngpapamassage ka lang and no intention of soliciting sex from the masseuse

 

i see. thanks!

[greatpaniki26]

Meron po ba dito kaya mag ayos ng Legitimation sa Birth Certificate kahit wala authentic writing ? or clerical error like sa middle name ilipat sa last name, dapat kasi nasa last name siya eh.

 

Salamat