legal Free Legal Advice

[Dr_PepPeR]

hello there.... just wanna ask kung sino may kilala sa nso(national statistic office)?? i got a problem kasi sa birth certificate ko(last letter ng surname ko pati sa mom and dad ko ganun)... and nalaman ko sa cousin ko (had the same problem) na it took her a year bago na ayos yung sa kanya..of course naghire sya ng lawyer... nag attend sya ng hearing twice...and it cost her 20 thousand all in all.... (yaiks ) dapat kasi i- fix as early as possible cuz i really need to get a visa kasi...now,kaya ako nag aask about anyone fron nso is para mapabilis yung process(pwede a month?or less than?) ...o does anyone knows how to make it fast lang kahit walang kilala sa loob ng nso.....pls need to know po..thanks

note:

nung college ako prob ko na sa registrar yun..pero hindi sa surname ko...kundi sa bir thday ko nung una.cuz yung day is binura and pinatungan lang using a pen ng mom ko...nung kumuha ako ng copy sa munisipyo ok naman pala sa date ng birthday but sa surname naman nagkaproblem...which dun sa old certificate na hawak namin is wala naman prob...kakainis naguguluhan ako....

 

Hi Kizzite! Changing a letter in the surname may not be considered as a simple typographical error which can be done administratively. If you have the surname changed (yes, even by changing a letter), you may have to go to court to petition the Local Civil Registrar to correct your birth certificate. I don't know if it can be done just through the NSO. I'll try to ask around.

[Dr_PepPeR]

I would like to ask your opinion on what is the best book on obligations and contracts and who is the author? Jurado? Tolentino?, etc.

 

Thanks

 

What do you intend to use it for? I find Paras the easiest to read.

[jopoc]

yup...but i still got my old certificate na dont huv problem sa surname....pwede ba iconsider yun??? :cry: ... i thought

kasi wala nang prob kasi ok naman dun sa unang problema which is yung sa sa day ng birthday ko....tapos bigla na lang napunta sa surname.... i even got a copy sa nso,ayun!!! kung ano yung nakuha ko na copy sa munisipyo ganun din sya...which is iba naman sa old certificate na hawak ko.... tingin nyo??? mahabang process ba yung pag ayos nun?? aprox how much ba dapat ihanda ko.... gusto ko sana yung mabilis.....pls pls.... meri xmas nyo na lang po.... :cry:

 

 

hello...

 

 

let me get this staright, yung old birth cert mo, mali yung bday, pero yung bago, tama na ang bday pero mali and surname?

 

kasi kung surname lang ang mali, tulad ng sinabi ni doc pepper, you just have to file it sa local civil registrat mo. pero kung bday ang mali, kahit typo yan, medyo malaki problem natin. hindi yan naayos sa simpleng administrative action. me judicial hearing pa yan.

 

 

eniwey, kung speed ang problem mo, i suggest na start working on it now. looking for an insider sa NSO might just end up a waste of time. mas mabuti maghanap ka na lang ng kilala sa LCR.

 

in any way, consulting or acquiring the services of a lawyer to assist you will definitely be a plus. yes, there may be expenses (unless you get a pro-bono), pero it will really be a lot of help on your part..

[rocco69]

Assuming na law student ka, the best book on ObliCon is...

 

The book being used by your prof in making exams, and where he draws questions for recitation in class. Para naman maganda ang grade mo sa recitation (kung wala namang weight sa prof mo ang recitation, di yung librong ginagamit niya para sa exams). Note that some profs announce what book will be the reference during the sem but they use the examples/illustrations from a different book for exams (what a dirty trick!). Kung sarili niyang exam questions, malas mo! (Get old exams from upperclassmen na lang)

 

For other purposes, as stated by Dr. Pepper, Paras is easy to read, while Tolentino exhaustively discusses the topic. Kumbaga sa encyclopedia, si Paras ay Colliers habang si Tolentino ay Encyclopedia Brittanica.

 

I syuggest you use the book preferred by your prof, then, when it comes to provisions that you have difficulty in understanding, read Paras together with the book you are using.

 

this coincides

I would like to ask your opinion on what is the best book on obligations and contracts and who is the author? Jurado? Tolentino?, etc.

 

Thanks

[colokem]

HELLO:

 

What is the process involved in registering a trademark/brandname? Any help would be much appreciated.

[molato]

question to all the bright legal minds of mtc:

 

here's the situation: year 2000 2 filipinos, june and ana, got married here in the philippines, in 2002 they became american citizens and lived in the states. year 2004 they got divorced in the states. they have not availed of dual citizenship and have only remained american citizens.

 

right now june wants to get married to a filipina citizen, maria, here in the philippines.

 

questions: are june and ana still considered married in the philippines? was their divorce recognized here in the philippines? do june and ana still need to get annulled here in the philippines, so that june can marry maria validly?

 

different lawyers i have asked provided different answers.

 

thanks in advance to all the mtc legal minds.

[rocco69]

go to www.ipophil.gov.ph and see their page on "how to file applications" in their trademark section. the application forms can also be downloaded from there

 

HELLO:

 

What is the process involved in registering a trademark/brandname? Any help would be much appreciated.

[rocco69]

1. are june and ana still considered married in the philippines?

 

They are no longer considered married because they have divorced each other.

 

2. was their divorce recognized here in the philippines?

 

Yes, their divorce will be recognized and given effect by the Philippines.

While Philippine law does not recognize divorce, this rule applies only to Filipino citizens.

 

Art. 15 of the Civil Code provides:

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

 

This provision has been interpreted to mean that Filipinos will be governed by Philippine laws while foreigners will be governed by their own laws. Since June and Ana are now American citizens, they are governed by American law. Under their law, their divorce is valid, hence the Philippines will have to recognize the validity of that divorce. The fact that they were Filipinos at the time they married each other is immaterial. The case would have been different if they remained Filipinos, in which case, thedivorce cannot be recognized and given effect since there is no divorce under Philippine law. But as you said yourself, they are already Americans, so American law will apply to them, and since under American law, their divorce is valid, then they are considered as no longer married to each other.

 

3. do june and ana still need to get annulled here in the philippines, so that june can marry maria validly?

 

there is no more need for them to annul their marriage since under their law they are no longer married to each other. For June to marry Maria validly, he should just get a certified true copy of the divorce decree, authenticated by a Philippine consul, as well as a certification from State authorities that says that said State's law provides that when a person is divorced he has capacity to remarry (see Garcia v. Recio, 366 SCRA 437). He must also get a certificate of legal capacity to marry from US Embassy officials, sine Art. 21 of the Family Code provides:

 

Art. 21. When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials.

Stateless persons or refugees from other countries shall, in lieu of the certificate of legal capacity herein required, submit an affidavit stating the circumstances showing such capacity to contract marriage. (66a)

 

Hope this helps.

 

 

question to all the bright legal minds of mtc:

 

here's the situation: year 2000 2 filipinos, june and ana, got married here in the philippines, in 2002 they became american citizens and lived in the states. year 2004 they got divorced in the states. they have not availed of dual citizenship and have only remained american citizens.

 

right now june wants to get married to a filipina citizen, maria, here in the philippines.

 

questions: are june and ana still considered married in the philippines? was their divorce recognized here in the philippines? do june and ana still need to get annulled here in the philippines, so that june can marry maria validly?

 

different lawyers i have asked provided different answers.

 

thanks in advance to all the mtc legal minds.

[RECIDIVIST_21]

question to all the bright legal minds of mtc:

 

here's the situation: year 2000 2 filipinos, june and ana, got married here in the philippines, in 2002 they became american citizens and lived in the states. year 2004 they got divorced in the states. they have not availed of dual citizenship and have only remained american citizens.

 

right now june wants to get married to a filipina citizen, maria, here in the philippines.

 

questions: are june and ana still considered married in the philippines?ANSWER NO was their divorce recognized here in the philippines? ANSWER YES do june and ana still need to get annulled here in the philippines, ANSWER NO so that june can marry maria validly? ANSWER YES

 

different lawyers i have asked provided different answers.

 

thanks in advance to all the mtc legal minds.

[younghermit]

lufwaffe, under the new developments of the law, stalking is already a crime. Your friend's ex bf may be qualified as a stalker since having prevuious dating relationship as defined under the law is, among others, a very important element. Your friend could ask for police assistance.

R.A. 9262 "Anti-Violence Against Women and Children

 

Look it up.

[jake_roxas]

I would like to ask your opinion on what is the best book on obligations and contracts and who is the author? Jurado? Tolentino?, etc.

 

Thanks

Tolentino

[Waterbearer]

I'm going to Catmon Cebu next year to settle certain inheritance issues. I have to following lands to be divided amongst parties....

 

1. Beachfront property - 240sqm divided into 3

2. Farm land near the town hall - 6 hectares divided into 3

3. Farm land within the mountains - 2 hectares within NPA territory divided into 3.

 

These properties were named after my great grandparents.....now that they have been transferred to my grandparents.....I am to pay for all the expenses so that it can be transferred to my mother's name as well as my auntie's name. When it was transferred to my grandparents, it was just a declaration...I am not sure if there was a title to this....siguro naman meron ....my question is this.....Could you give me a rough estimate as to how much am i going to pay for this.....kahit hindi ko muna ipapatitulo.... It's just in the northmost part of Cebu so its not really a prime land.....It just so happened that after 35 years, the municapility discovered and declared that the properties rightfully belonged to us. Am I looking at a sum total of Php20k or more? Thanks.

Edited November 20, 2006 by Waterbearer

[rickyv]

makakapag file ka pero problema mo kung paano e -enforce yun kung mananalo ka, baka kasi mapagatos ka lang. unless na may pera sister mo dito sa pilipinas pwede natin ipa garnish to satify your due o kaya property na ipaattach kaya mas maganda kng sa america ma file. di kasi pwede habulin ng batas natin kasi territorial ang enforcement dyan.

 

 

mga sir, yung binigay sa akin na copy ng last will and testament ay hindi notarized ah since its a scan of the original one I think hindi rin notarized ang original. pagka ganito ba ang document eh is still binding or is it void?

[rickyv]

makakapag file ka pero problema mo kung paano e -enforce yun kung mananalo ka, baka kasi mapagatos ka lang. unless na may pera sister mo dito sa pilipinas pwede natin ipa garnish to satify your due o kaya property na ipaattach kaya mas maganda kng sa america ma file. di kasi pwede habulin ng batas natin kasi territorial ang enforcement dyan.

 

 

mga sir, yung binigay sa akin na copy ng last will and testament ay hindi notarized ah since its a scan of the original one I think hindi rin notarized ang original. pagka ganito ba ang document eh is still binding or is it void?

[rickyv]

makakapag file ka pero problema mo kung paano e -enforce yun kung mananalo ka, baka kasi mapagatos ka lang. unless na may pera sister mo dito sa pilipinas pwede natin ipa garnish to satify your due o kaya property na ipaattach kaya mas maganda kng sa america ma file. di kasi pwede habulin ng batas natin kasi territorial ang enforcement dyan.

 

 

mga sir, yung binigay sa akin na copy ng last will and testament ay hindi notarized ah since its a scan of the original one I think hindi rin notarized ang original. pagka ganito ba ang document eh is still binding or is it void?

 

mga modes paki delete nalang kung paulit ulit ang post kasi nagloloko yung server eh akala ko di pa napost, thanks

Edited November 20, 2006 by rickyv