legal Free Legal Advice

[M16A2]

Can law enforcers legally confiscate your driver's license if you were caught of a traffic violation? Then get the same upon paying the violation in a redemption area (e.g LTO office).

 

I cant recall if there is a law barring law enforcers doing this

[rocco69]

according to the law one of the restricted/prohibited items for import is:

 

Written or printed articles, negatives or film, photographs, engravings, lithographs, objects, paintings, drawings, or other representation of an obscene or immoral character.

 

quoted from: http://www.philexport.ph/philippines.html

 

but with the sites heading (Doing Business in the Philippines) it seems this is limited only to corporations or business. is it?

 

i'm asking because i'm planning to order internationally adult materials. for personal use of course.

 

i'm i covered by this law or any other laws? tnx.

 

According to Customs officials I have queried regarding this matter, you can bring pornographic materials into the Philippines if it is for personal use. The rule of thumb at the Bureau of Customs is that personal use means "not more than 12 items of the same kind"

[ncd]

good morning po me balita po ba kayo kung kelan release ng bar exam results? tnx po

[R@v3n]

How could one reformat and reinstall an OS on a hard drive if the optical drive of the computer is not working? Do I have to take out the HD?

 

Although I haven't tried it, you could use a USB drive (1GB above...) that contains the files from your installation CD and boot there if your motherboard supports it... :headsetsmiley:

[rocco69]

Can law enforcers legally confiscate your driver's license if you were caught of a traffic violation? Then get the same upon paying the violation in a redemption area (e.g LTO office).

 

I cant recall if there is a law barring law enforcers doing this

 

In Metro Manila, law enforcers may not confiscate a driver's license if he is caught committing a traffic violation. Section 5 of PD 1605 specifically provides:

 

Section 5. In case of traffic violations, the driver's license SHALL NOT BE CONFISCATED but the erring driver shall be immediately issued a traffic citation ticket prescribed by the Metropolitan Manila Commission which shall state the violation committed, the amount of fine imposed for-the violation and an advice that he can make payment to the city or municipal treasurer where the violation was committed or to the Philippine National Bank or Philippine Veterans Bank or their branches within seven days from the date of issuance of the citation ticket.

 

xxx xxx xxx

 

This prohibition to confiscate has been confirmed by the Supreme Court in Metropolitan Traffic Command v. Gonong (187 SCRA 432 [1990]) and in SolGen v. MMA (Sept. 11, 1991), and most recently reiterated in MMDA v. Garin (G.R. No. 130230, April 15, 2005)

[author]

Need an advice about this situation, a friend and his family own a house but not the land where it is situated. The owner of the land has been harassing them, asking them to buy the land but they refuse, saying that they can't afford it. Now, the owner of the land wants them to sign a waiver which declares that they agree to the landowner's plan to sell the land to an interested buyer, saying that once the sale is done, the new owner of the land can evict them anytime. Is this true? Do my friend and his family have the right to refuse to sign the waiver? Can the original landowners evict them? My friend's family have been on that land for almost forty years now. They want to own the land(priced at almost two million) but they just can't afford it. Is there a way for them to acquire the land that won't be too much of a financial burden for them?

[Aspire10]

help naman po.kasi po pag magpaplay ako ng dvd or cd sa pc ko diko sya makita sa my computer.then pag tingin ko naman sa device manager may nakayellow na ! mark sa slimtype DVDRW SSM-8515S don sa dvd drive ko.kahit anong gawin ko diko marecover at diko alam kung anong gagawin.sira napo ba ang cd drive ko? thanks in advance po sa sasagot.

[booby_trap]

good morning po me balita po ba kayo kung kelan release ng bar exam results? tnx po

 

 

sources say april 3. *jitters*jitters*

 

good luck to all the soon-to-be lawyers out there!

[rocco69]

Need an advice about this situation, a friend and his family own a house but not the land where it is situated. The owner of the land has been harassing them, asking them to buy the land but they refuse, saying that they can't afford it. Now, the owner of the land wants them to sign a waiver which declares that they agree to the landowner's plan to sell the land to an interested buyer, saying that once the sale is done, the new owner of the land can evict them anytime. Is this true? Do my friend and his family have the right to refuse to sign the waiver? Can the original landowners evict them? My friend's family have been on that land for almost forty years now. They want to own the land(priced at almost two million) but they just can't afford it. Is there a way for them to acquire the land that won't be too much of a financial burden for them?

 

We have got to know first how they became "owners" of the house, as their good faith or bad faith determines the rights of the owners of the house and of the lot. Also, how much is the house, as its value vis-a-vis the land may also be impt.

[Google]

help naman po.kasi po pag magpaplay ako ng dvd or cd sa pc ko diko sya makita sa my computer.then pag tingin ko naman sa device manager may nakayellow na ! mark sa slimtype DVDRW SSM-8515S don sa dvd drive ko.kahit anong gawin ko diko marecover at diko alam kung anong gagawin.sira napo ba ang cd drive ko? thanks in advance po sa sasagot.

 

winxp ba ang operating system mo? afaik, dapat detected sya sa winxp automatically.

but then, here is what you can do.

right click mo yung device manager mo na naka yellow na may ! mark.

click properties, go to the driver tab, and click update driver. your driver should be in the floppy. yun ang magiging source nya.

 

pag hindi gumana, remove the actual device sa device driver, reboot your pc, and try to have it automatically detected.

[Google]

Although I haven't tried it, you could use a USB drive (1GB above...) that contains the files from your installation CD and boot there if your motherboard supports it... :headsetsmiley:

 

yup. this one should work. just make sure your installation CD as well as your recovery CD image is stored dun sa USB drive. during the boot up sequence, ensure that your USB drive is the top most priority.

[Dr_PepPeR]

In Metro Manila, law enforcers may not confiscate a driver's license if he is caught committing a traffic violation. Section 5 of PD 1605 specifically provides:

 

Section 5. In case of traffic violations, the driver's license SHALL NOT BE CONFISCATED but the erring driver shall be immediately issued a traffic citation ticket prescribed by the Metropolitan Manila Commission which shall state the violation committed, the amount of fine imposed for-the violation and an advice that he can make payment to the city or municipal treasurer where the violation was committed or to the Philippine National Bank or Philippine Veterans Bank or their branches within seven days from the date of issuance of the citation ticket.

 

xxx xxx xxx

 

This prohibition to confiscate has been confirmed by the Supreme Court in Metropolitan Traffic Command v. Gonong (187 SCRA 432 [1990]) and in SolGen v. MMA (Sept. 11, 1991), and most recently reiterated in MMDA v. Garin (G.R. No. 130230, April 15, 2005)

 

I seem to recall that MMDA vs Garin, SolGen vs MMA and MTC vs. Gonong were rulings on the legislative/police authority of the Metro Manila Authority/Development Authority. I believe that law enforcement agencies can validly confiscate an erring driver's license. Take a look at this link, it may prove interesting:

 

http://www.congress.gov.ph/download/resear...rrb_0302_11.pdf

 

Edited April 2, 2007 by Dr_PepPeR

[rocco69]

I seem to recall that MMDA vs Garin, SolGen vs MMA and MTC vs. Gonong were rulings on the legislative/police authority of the Metro Manila Authority/Development Authority. I believe that law enforcement agencies can validly confiscate an erring driver's license. Take a look at this link, it may prove interesting:

 

http://www.congress.gov.ph/download/resear...rrb_0302_11.pdf

 

 

That is precisely why my answer states that "in METRO MANILA, law enforcers may not confiscate a driver's license if he is caught committing a traffic violation. In Metro Manila, it is PD 1605 which governs, rather than RA 4136 (Land Transportation and Traffic Code) since PD 1605 transfers all the powers of the LTO/LTFRB to the MMDA (with regarda to Metro Manila) and then goes on to specifically state in Section 5 thereof that licenses may not be confiscated here in Metro Manila.

 

Note that in Solicitor General v. MMA (Dec. 11, 1991) the Supreme Court noted that police authorities had been confiscating drivers licenses in Metro Manila. It then declared, in the dispositive portion of Solicitor General v. MMA that judgment is hereby declared enjoining ALL law enforcement authorities in Metropolitan Manila from removing the license plates of motor vehicles (except when authorized under LOI 43) and CONFISCATING DRIVER LICENSES for traffic violations within the said area.

 

As for the argument that RA7924 grants the MMDA the power to “install and administer a single ticketing system, fix, impose and collect fines and penalties for all kinds of violations of traffic rules and regulations, whether moving or nonmoving in nature, and CONFISCATE and suspend or revoke DRIVER’S LICENSES in the enforcement of such traffic laws and regulations, THE PROVISIONS OF Rep. Act No. 4136 and P.D. No. 1605 TO THE CONTRARY NOTWITHSTANDING," MMDA v. Garin has specifically declared that the MMDA has no police power and in the absence of any other law allowing them to confiscate drivers licenses, they cannot do so (in the Metro Manila area).

 

However, there is no argument that in other parts of the country, law enforcers may validly confiscate driver's licenses.

[Aspire10]

winxp ba ang operating system mo? afaik, dapat detected sya sa winxp automatically.

but then, here is what you can do.

right click mo yung device manager mo na naka yellow na may ! mark.

click properties, go to the driver tab, and click update driver. your driver should be in the floppy. yun ang magiging source nya.

 

pag hindi gumana, remove the actual device sa device driver, reboot your pc, and try to have it automatically detected.

yes windows xp po ang operating system ko.thanks po try ko po yan. :cool:

[author]

We have got to know first how they became "owners" of the house, as their good faith or bad faith determines the rights of the owners of the house and of the lot. Also, how much is the house, as its value vis-a-vis the land may also be impt.

 

Thanks for the reply. The original owners of the house was my friend's grandparents. The grandparents built it on that lot with the landowner's permission several decades ago. The house was then given to my friend's parents. The house had underwent several renovations and is probably around 1.5 million pesos worth now.