legal Free Legal Advice

[dyodyo]

Pwede ba ako magpaConsult sa mga Lawyers dito regarding sa mga Estafa Case na isasampa ko?

[Roubaix]

Pwede ba ako magpaConsult sa mga Lawyers dito regarding sa mga Estafa Case na isasampa ko?

Ask away. But since you are the complainant, technically, the public prosecutor will be your "lawyer"

[deadshotview2019]

Hello.

can i ask po about 2nd degree murder.

if this is pasok legally?

my taong need isugod sa ospital.

and by means of helping there are other ways.

like imbis tumulong buhatin or isugod sa ospital.

eh huminge ng saklolo sa neighbors.

since my doctor,nurse na neighbors.

and asking help din sa guard and officer na president ng HOA.

then kakahinge ng help.

naisugod na sa ospital not by those actions but nagawan ng paraan buhatin and on the way to hospital.

then sadly ung patient dies.

now kakasuhan ng 2nd degree murder by that not helping buhatin ung patient to bring to ospital.

eh my action naman na gnawa by other types of helping the patient?

thank you po sa legal na sasagot.

[edgardoangara]

@deadshotview2019

 

Maybe not murder, but the closest crime I can say he committed is abandonment of persons in peril. See penal provision below:

 

"Art. 275. Abandonment of person in danger and abandonment of one's own victim. The penalty of arresto mayor shall be imposed upon:

 

1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense."

 

This provision has lots of complexities and it's hard to explain all of them one by one. I guess the most prudent thjng for you to do is consult a lawyer about your particular set of facts.

[ScrewDrew]

Hi our Legal Lawyers

 

I just want to consult on something.

 

A friend died leaving a husband and 2 kids aged 18 and 15. they still have a house and lot and the Dad wants to Pawn or Sell the house. Do the kids have any say on this matter?

 

The house is still named to my dead friend and hasnt been transferred to his Husband nor the kids.

 

My concern is the Dad doesnt have a job/ hasn't had a job for decades, a senior citizen now and is really bad with money. If they pawn or sell the property now the kids will be left homeless and penniless.

 

Do the kids have any legal right to the property even though they are just teenagers?

 

Thanks so much to those who can answer.

[paupau]

Can a concerned citizen file a report regarding VWAC or dapat yung involved person mismo?

[deadshotview2019]

@deadshotview2019

 

Maybe not murder, but the closest crime I can say he committed is abandonment of persons in peril. See penal provision below:

 

"Art. 275. Abandonment of person in danger and abandonment of one's own victim. The penalty of arresto mayor shall be imposed upon:

 

1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense."

 

This provision has lots of complexities and it's hard to explain all of them one by one. I guess the most prudent thjng for you to do is consult a lawyer about your particular set of facts.

Thanks po Sir.

Edited June 22, 2020 by deadshotview2019

[Roubaix]

Hi our Legal Lawyers

 

I just want to consult on something.

 

A friend died leaving a husband and 2 kids aged 18 and 15. they still have a house and lot and the Dad wants to Pawn or Sell the house. Do the kids have any say on this matter?

 

The house is still named to my dead friend and hasnt been transferred to his Husband nor the kids.

 

My concern is the Dad doesnt have a job/ hasn't had a job for decades, a senior citizen now and is really bad with money. If they pawn or sell the property now the kids will be left homeless and penniless.

 

Do the kids have any legal right to the property even though they are just teenagers?

 

Thanks so much to those who can answer.

 

Can't sell the house without paying the estate tax first. The BIR will have to issue an authority that taxes has been paid before the LRA will issue a new title to the buyer.

 

The kids are actually part owners of the house so they do have legal rights as heirs.

Can a concerned citizen file a report regarding VWAC or dapat yung involved person mismo?

 

Yes it is allowed. It would be absurd if only the wife/GF can file if they are victims of violence

[ctc]

I am an employer, i just fired an employee for AWOL. He still owe us a loan of 40k and he has a promissory note with us using his motorbike as collateral.

 

What is the process for the confiscation of that bike?

Our HR has send him a demand letter which he just read & didnt receive nor sign the letter

[ionemike12]

anyone who needs investigator on certain cases. send me a message

 

thanks

[rocco69]

I am an employer, i just fired an employee for AWOL. He still owe us a loan of 40k and he has a promissory note with us using his motorbike as collateral.

 

What is the process for the confiscation of that bike?

Our HR has send him a demand letter which he just read & didnt receive nor sign the letter

after the period stated in the demand letter expires, you can now file a complaint for collection of sum of money with the small claims court.

[ctc]

after the period stated in the demand letter expires, you can now file a complaint for collection of sum of money with the small claims court.

do we need a lawyer for this since its a small claims court only?

where do we file the claim, in the city of our office or in the city where the employee live?

[Mr.Potatoes]

do we need a lawyer for this since its a small claims court only?

where do we file the claim, in the city of our office or in the city where the employee live?

 

1. You do not need a lawyer. You will just need to fill up a form and submit it.

 

2. Regular rules on venue applies. You can file it either on the city where you live OR in the city where he lives. Since you are the one filing, the choice is yours.

[M Corleone]

do we need a lawyer for this since its a small claims court only?

where do we file the claim, in the city of our office or in the city where the employee live?

 

Considering the amount owed to you (PhP40k), a lawyer wouldn't be necessary. As a matter of fact, lawyers are prohibited from appearing in Small Claims proceedings.

 

Preparation of the complaint for Small Claims is not that difficult since there is a downloadable form in the internet (or you can ask some lawyer friends for it, if you have a few) and you will just be filling up certain information.

 

The only challenge here is you need to provide pieces of evidence to prove the obligation owed to you (i.e., contract/s, IOUs, Promissory Notes, etc.) which, take note, should all be in the original. No photocopies will be admitted as evidence per the rules on Small Claims.

 

Alternatively, you can proceed to your city's Hall of Justice and ask for the Small Claims section where they could give you a complaint form to fill up.

 

Be reminded also that filing a Small Claims would require the payment of filing fees, except those who shall be litigating as indigents (those who are unemployed and has no source of income and those who are below the poverty threshold) or as we call it, "pauper litigants".

 

Good luck!

Edited July 2, 2020 by M Corleone

[M Corleone]

Can a concerned citizen file a report regarding VWAC or dapat yung involved person mismo?

 

Yes it is allowed. It would be absurd if only the wife/GF can file if they are victims of violence

 

While concerned citizens are allowed to file a case for VAWC against a male perpetrator, the law provides for qualifications, to wit:

 

"(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed."

 

This can be found under Section 9(h) or RA 9262 or the VAWC Law.

 

Personal knowledge of the acts of violence committed against a woman is the most crucial qualification here.

 

Best of luck!

[M Corleone]

Hi our Legal Lawyers

 

I just want to consult on something.

 

A friend died leaving a husband and 2 kids aged 18 and 15. they still have a house and lot and the Dad wants to Pawn or Sell the house. Do the kids have any say on this matter?

 

The house is still named to my dead friend and hasnt been transferred to his Husband nor the kids.

 

My concern is the Dad doesnt have a job/ hasn't had a job for decades, a senior citizen now and is really bad with money. If they pawn or sell the property now the kids will be left homeless and penniless.

 

Do the kids have any legal right to the property even though they are just teenagers?

 

Thanks so much to those who can answer.

 

Yes, the kids have legal rights over the property since they are compulsory heirs, as well as their dad.

 

 

Now, on the basis of your narration, it would be safe to assume that the deceased (wife) left no last will and testament, which makes succession intestate. Because of this, the kids are entitled to 50% of the total value of the hereditary estate (total value of all the properties -- real and personal -- of the deceased) and the surviving husband shall be entitled to a portion which is equal to a share of one legitimate child.

 

But since the matter of concern is the house and lot left by the deceased, it would be necessary for them to execute an Extrajudicial Settlement to partition the estate of the deceased and for them to be able to transfer the house and lot in the name of the kids -- should the dad agree. Payment of taxes will come next.

 

In the event the dad insists on pawning or selling the house and lot, they should still execute the said settlement for purposes of transferring the title to the buyer (or to the dad in case the property is to be pawned). Thereafter, the children and the dad should be entitled to their share of the proceeds ("napagbentahan / napagsanglaan"). Hindi ko na ididiscuss yung sharing, but to illustrate:

 

Proceeds: PhP1,000,000.00

 

The partition would be in the following order:

 

Children = PhP500,000.00

 

> Child 1 = PhP250,000.00;

> Child 2 = PhP250,000.00

 

*Free Portion = PhP500,000.00 (eto yung pambayad sa mga naiwang utang, kung meron)

 

Assuming walang naiwang utang, then:

 

Dad = PhP250,000.00

 

Remaining Free Portion: PhP250,000.00 (eto na ngayon yung pwede pa nilang paghati-hatiang mag-aama or pwedeng ipamahagi sa mga kaibigan, kamag-anak o i-donate sa mga charities)

 

Please do note however that the foregoing illustration will only apply if the deceased is survived by two (2) legitimate children together with the surviving spouse. Mag-iiba na kasi ang sharing ng surviving spouse kung isa lang yung naiwang legitimate child. Nevertheless, the surviving legitimate children shall always be entitled to half (50%) of the hereditary estate of the deceased while illegitimate children shall be entitled to 1/2 of a legitimate child's share.

 

Sana nakatulong ito.

[ctc]

Considering the amount owed to you (PhP40k), a lawyer wouldn't be necessary. As a matter of fact, lawyers are prohibited from appearing in Small Claims proceedings.

 

Preparation of the complaint for Small Claims is not that difficult since there is a downloadable form in the internet (or you can ask some lawyer friends for it, if you have a few) and you will just be filling up certain information.

 

The only challenge here is you need to provide pieces of evidence to prove the obligation owed to you (i.e., contract/s, IOUs, Promissory Notes, etc.) which, take note, should all be in the original. No photocopies will be admitted as evidence per the rules on Small Claims.

 

Alternatively, you can proceed to your city's Hall of Justice and ask for the Small Claims section where they could give you a complaint form to fill up.

 

Be reminded also that filing a Small Claims would require the payment of filing fees, except those who shall be litigating as indigents (those who are unemployed and has no source of income and those who are below the poverty threshold) or as we call it, "pauper litigants".

 

Good luck!

 

1. You do not need a lawyer. You will just need to fill up a form and submit it.

 

2. Regular rules on venue applies. You can file it either on the city where you live OR in the city where he lives. Since you are the one filing, the choice is yours.

 

after the period stated in the demand letter expires, you can now file a complaint for collection of sum of money with the small claims court.

 

Thank you all for your replies.

[rocco69]

 

Yes, the kids have legal rights over the property since they are compulsory heirs, as well as their dad.

 

 

Now, on the basis of your narration, it would be safe to assume that the deceased (wife) left no last will and testament, which makes succession intestate. Because of this, the kids are entitled to 50% of the total value of the hereditary estate (total value of all the properties -- real and personal -- of the deceased) and the surviving husband shall be entitled to a portion which is equal to a share of one legitimate child.

 

But since the matter of concern is the house and lot left by the deceased, it would be necessary for them to execute an Extrajudicial Settlement to partition the estate of the deceased and for them to be able to transfer the house and lot in the name of the kids -- should the dad agree. Payment of taxes will come next.

 

In the event the dad insists on pawning or selling the house and lot, they should still execute the said settlement for purposes of transferring the title to the buyer (or to the dad in case the property is to be pawned). Thereafter, the children and the dad should be entitled to their share of the proceeds ("napagbentahan / napagsanglaan"). Hindi ko na ididiscuss yung sharing, but to illustrate:

 

Proceeds: PhP1,000,000.00

 

The partition would be in the following order:

 

Children = PhP500,000.00

 

> Child 1 = PhP250,000.00;

> Child 2 = PhP250,000.00

 

*Free Portion = PhP500,000.00 (eto yung pambayad sa mga naiwang utang, kung meron)

 

Assuming walang naiwang utang, then:

 

Dad = PhP250,000.00

 

Remaining Free Portion: PhP250,000.00 (eto na ngayon yung pwede pa nilang paghati-hatiang mag-aama or pwedeng ipamahagi sa mga kaibigan, kamag-anak o i-donate sa mga charities)

 

Please do note however that the foregoing illustration will only apply if the deceased is survived by two (2) legitimate children together with the surviving spouse. Mag-iiba na kasi ang sharing ng surviving spouse kung isa lang yung naiwang legitimate child. Nevertheless, the surviving legitimate children shall always be entitled to half (50%) of the hereditary estate of the deceased while illegitimate children shall be entitled to 1/2 of a legitimate child's share.

 

Sana nakatulong ito.

Also keep in mind Art. 103/130 of the Family Code, no settlement of the estate of the deceased, the surviving spouse cannot dispose/encumber the property. Any such disposition/encumbrance would be void.

Edited July 4, 2020 by rocco69

[MassiveTotal]

Ano usual rate ng lawyer pagdating sa discovery pa lang kung meron case? May lawyer ako ininquire, quote sakin is 150k for discovery, and another 150k to file.

[MartinDomingo]

Any lawyers in the house?

Just want to ask , We bought a property a fews years back , the title was clean; no encumbrances, no pending case or dispute.

But now, some squatter who was living in a different property , located at the back of ours claimed that it is his. and started barricading it and then chained the gate to our property.

We have complete documents and title

all he has is a mother title.

what case can I file against them? criminal trespassing?

I know land cases in the philippines, takes forever to get solved.

Or can we just send a gang and rough them up

[wildswans]

Good day to all lawyers here. I just have some quick questions.

 

1. My girlfriend informed her boss on July 2, 2020 that she will be resigning at the end of September but her boss told her that he won't be able to get a replacement at this time and asked her to resign next year. Deep inside I know that it's not my girlfriend's responsibility to look for a replacement and no employee should be barred from leaving even without a replacement, I decided to call DOLE's hotline to confirm. The officer I talked to told me that an employee need to inform her boss/employer by writing a resignation letter a month before the effective date of resignation and the boss will be the one to look for a replacement. If the boss failed to find a replacement or he/she refused to look for a replacement then the resigning employee should be allowed to leave and not take it against the employee. The officer added that an employer/boss shouldn't control what his/her employees want to do on their day off when I told her that my gf and her colleagues are not allowed to go out on their day off for 4 months now and counting even in GCQ. The female employees are all stay in while all the male employees are stay out. Some employees told me that the boss is afraid that if the female employees are allowed to go out, they might go home and not come back.

 

Now, my question is, if my girlfriend will submit a letter of resignation, should she let someone receive it? If so, who? They have a supervisor but they always asked the boss or owner of the business if they want to leave. So I'm afraid that the supervisor will pass her to the owner. Next, what if the boss or whoever is in the office refused to receive the resignation letter then what are her option? How can she secure a proof that nobody wants to receive her resignation letter?

 

 

2. My girlfriend's dad inherited a piece of land from his father. The dad divided the land (without any fencing or marker) among his children including my gf. Her mother is still alive and the father didn't execute any will as it is not famous among poor families in the province. So my gf's father only verbally said which piece of land belongs to who. My gf is afraid that one of her brother might get (agawin) other siblings piece of land including hers. Is there anything she can do to prevent that from happening? If she decided to erect fences around the small piece of land, will it deter someone from taking over? Is there anything her mother can do as a parent? I think the title is still in my gf's grandfather's name but he passed away already and I think the title is with the grandmother but nobody know where she kept it.

 

 

Any information will be highly appreciated.

[Mr.Potatoes]

Good day to all lawyers here. I just have some quick questions.

 

1. My girlfriend informed her boss on July 2, 2020 that she will be resigning at the end of September but her boss told her that he won't be able to get a replacement at this time and asked her to resign next year. Deep inside I know that it's not my girlfriend's responsibility to look for a replacement and no employee should be barred from leaving even without a replacement, I decided to call DOLE's hotline to confirm. The officer I talked to told me that an employee need to inform her boss/employer by writing a resignation letter a month before the effective date of resignation and the boss will be the one to look for a replacement. If the boss failed to find a replacement or he/she refused to look for a replacement then the resigning employee should be allowed to leave and not take it against the employee. The officer added that an employer/boss shouldn't control what his/her employees want to do on their day off when I told her that my gf and her colleagues are not allowed to go out on their day off for 4 months now and counting even in GCQ. The female employees are all stay in while all the male employees are stay out. Some employees told me that the boss is afraid that if the female employees are allowed to go out, they might go home and not come back.

 

Now, my question is, if my girlfriend will submit a letter of resignation, should she let someone receive it? If so, who? They have a supervisor but they always asked the boss or owner of the business if they want to leave. So I'm afraid that the supervisor will pass her to the owner. Next, what if the boss or whoever is in the office refused to receive the resignation letter then what are her option? How can she secure a proof that nobody wants to receive her resignation letter?

 

 

2. My girlfriend's dad inherited a piece of land from his father. The dad divided the land (without any fencing or marker) among his children including my gf. Her mother is still alive and the father didn't execute any will as it is not famous among poor families in the province. So my gf's father only verbally said which piece of land belongs to who. My gf is afraid that one of her brother might get (agawin) other siblings piece of land including hers. Is there anything she can do to prevent that from happening? If she decided to erect fences around the small piece of land, will it deter someone from taking over? Is there anything her mother can do as a parent? I think the title is still in my gf's grandfather's name but he passed away already and I think the title is with the grandmother but nobody know where she kept it.

 

 

Any information will be highly appreciated.

 

 

1. You are correct that an employee can leave after one (1) month from tendering her resignation. I would recommend treating the comment of the boss to resign next year as a plea for her to stay rather than a command.

 

The supervisor may be forced to accept the letter IF the supervisor will direct your girlfriend to the owner who will receive it. He might have no power/responsibility over recruitment. In case the owner still refused to receive it and as a LAST resort, a picture of the owner with the letter is sufficient. You do not need to prove that the boss received it. You just need to "tender" or submit the resignation letter.

 

Just to note, in case the boss will claim that your girlfriend did not tender her resignation, the boss may just file a civil case for damages against your girlfriend. A boss is not that unreasonable as it will cause him more to litigate. However, a not-so-cordial separation may just be a tiny bit harmful in case the next employer will call the previous employer.

 

2. Regarding the land and title. The proper recourse here is to settle the estate of your grandfather and grandmother including the lot. Your grandmother, if she is still alive, will still have a share in the lot since there is no will. Intestate (no will) rules will govern. I recommend an extrajudicial settlement where all the surviving heirs will talk with each other on how to separate the property. With this, the land will be split up and individual titles will now be issued in favor of your gf and her siblings. Please note that since it is under the name of the grandfather, ALL of the children of your grandfather and not just gf's dad should be included. If they will not be included, they should renounce their share over the property. Now, to answer your individual questions:

 

Is there anything she can do to prevent that from happening? as far as the law is concerned, your gf does not own any specific portion of the land. She is only a part owner with no definite spot on the property. What you can do is to settle the estate of the grandfather. I recommend doing this as soon as possible to take advantage of the estate tax amnesty.

 

If she decided to erect fences around the small piece of land, will it deter someone from taking over? No, it will not deter anyone from taking over. First off, it is illegal for her to erect fences on a land that is not legally hers. It could cause friction and "agawan" with her brothers. I recommend settling the estate of the grandfather.

 

Is there anything her mother can do as a parent? None. This is the property of the dad. The dad would have a better right over the property is he is still alive. The mother can only support and encourage the settlement of the estate.

 

I think the title is still in my gf's grandfather's name but he passed away already and I think the title is with the grandmother but nobody know where she kept it. The title is important. Please see to it that the title is located. In case it is lost, you can file a judicial reconstitution of title with the relevant courts.

[Mr.Potatoes]

 

Any lawyers in the house?

Just want to ask , We bought a property a fews years back , the title was clean; no encumbrances, no pending case or dispute.

But now, some squatter who was living in a different property , located at the back of ours claimed that it is his. and started barricading it and then chained the gate to our property.

We have complete documents and title

all he has is a mother title.

what case can I file against them? criminal trespassing?

I know land cases in the philippines, takes forever to get solved.

Or can we just send a gang and rough them up

 

 

You can file a case for forcible entry if the action is filed within 1 year from the illegal entry. In case it is more than 1 year, accion publiciana. Apologies but the distinction is relevant for the proper courts. I recommend going to a lawyer to discuss regarding this case especially due to the presence of the "Mother Title". I also recommend checking the city hall to see the mother title and how it was distributed, if it was.

[Mr.Potatoes]

Ano usual rate ng lawyer pagdating sa discovery pa lang kung meron case? May lawyer ako ininquire, quote sakin is 150k for discovery, and another 150k to file.

 

It depends on the lawyer. The rates depends on the lawyer and how complicated the case it. I will not comment on the 150K price tag but I will recommend you to clarify what it includes such as if the 150K to file includes the filing of all pleadings, attendance to all hearings, and possible appeal.

 

The last say will be yours but you may also look for other lawyers.

[Rickyboyyy]

For marriage inquiry po. I'm 22 and planning na mag pakasal and according sa article na nabasa kailangan ko ng "parental advice" since below 25 ako. If mag pakasal kami through civil or through church without the "parental advice" valid ba yung marriage?