legal Free Legal Advice

[Phrozhen.Khold]

Hello... this was txted to me by a friend... please advise... TIA

 

May friend kasi ako, bale 2nd family sila. Yung father nila dedz na. Pinamanahan sya ng car at condo unit. Yung kasal nung father nila sa 1st wife was already annulled. Yung title was already transferred to his name. Ngayon, yung 1st wife kinukuha yung car at condo unit. May habol ba yung 1st wife kasi annulled na yung kasal at nasa pangalan na na nila yung condo at car ngayong pinamana na sa kanila yon? Nabayaran yung dating lawyer at ngayon kinasuhan sila ng forgery at falsification

[pogingpogi2x]

how to remove BRONTOK or BACA BRO virus?

[shinta]

Good pm!

 

I posted earlier about my hitting a car in front of mine.

 

What happened was I received a letter from the vehicle owner's lawyer demanding I pay the total cost of the repair. The receipt they provided me with says that they only paid for the participation cost. So to avoid further problems, we setled on the amount I was to pay them. After settling the amount, I was given a release letter.

 

The problem now is, I just received a demant letter from the insurance company's lawyer telling me I should pay them the total amount (again)! What gives? I thought that's already been settled? Do I pay both the owner of the vehicle AND the insurance? I really need your advice. Thanks in advance!!

[jojoendejr]

Good pm!

 

I posted earlier about my hitting a car in front of mine.

 

What happened was I received a letter from the vehicle owner's lawyer demanding I pay the total cost of the repair. The receipt they provided me with says that they only paid for the participation cost. So to avoid further problems, we setled on the amount I was to pay them. After settling the amount, I was given a release letter.

 

The problem now is, I just received a demant letter from the insurance company's lawyer telling me I should pay them the total amount (again)! What gives? I thought that's already been settled? Do I pay both the owner of the vehicle AND the insurance? I really need your advice. Thanks in advance!!

 

There are questions I want you to answer first:

 

1. Was there an investigation report issued by the traffic division of nearest police headquarters? If so, is ti indicated there that u are to blame for teh traffic mishap?

 

2. Please post the entire release letter you mentioned. Gusto ko makita ang entire entry. If it is a total release from any obligation, that will bar the other party from makign any claim against you. We call that "estoppel" in legal term.

 

3. If the release paper indeed released you from any and all liabilities arising from the incident, and that your payment is considered by the other party as total payment, that letter will work against the other party.

 

4. If in that same release letter, the other party considered your payment as full payment of the damage you caused, the insurance company cannot lay claim AGAIN. That may constitute double compensantion. In other word, pakita mo muna iyung entire release paper sa akin. Pwede?

[shinta]

1. Yes. The traffic report said I bumped the other car at the back.

 

2. Here's a copy of ht e release and quit claim (I typed it with some edits of the intro... if you need a scanned copy, I can send it to you):

 

Know all men by these presents:

That **company** , a corporation duly organized and existing under the Philippine laws with office... (address) hereby declares as follows:

 

That **company** is the lawful and registered owner of a motor vehicle, more particulary described as -edit-, and that said vehicle while traversing SLEX and being driven by -company driver- figured in an accident with a -my car- being driven by -me-.

 

That in order to abbreviately, expenditiously, and amicably setle **company**'s claim for expenses of repair, **company** accepts, as it hereby accepts, the total sum of PXXXXX representing the equivalent, full and complete value and sttlement amount of the first said damaged or repair expense;

 

That by virtue of the said settlement amount, **company** hereby absolutely and completely relinquish and waive any and all rights and/or actions whatsoever it has in relation to the aforesaid vehicular accident;

 

That as a consequence thereof, **company** herein completely and absolutely discharge and release -me-, his agents, successors and assigns from all liabilities or obligations arising, wholly or partially, directly of indirectly, from said vehicular accident.

 

In witness thereof, I have hereunto set my hand...

 

Signs by the General Manager of **company**

 

_____________________________________-

 

**company** is the company which owns the vehicle I bumped.

 

Today I received a letter from their insurance asking that I pay them for the damages within 10 days from receipt of their letter.

 

I understand from your post above that this would constitue a double compensation. But I noticed that this release and quit claim pertains only to obligations to the company and not to their insurance agent. Can I still be sued by the insurance if I decide not to pay them? I'm planning on writing to them tomorrow to explain that I have already paid the company for the damages...

[fauxhead]

Attach the quitclaim to the letter you will be sending to the insurance company.

 

The insurance company cannot sue you anymore because you were already released from all obligations arising from the incident. I think what happened here is that the company who owned the car you bumped claimed from you and from the insurance company.

 

Because you were already released by the company, the subrogation of the insurance company in place of the owner of the car cannot be effected. This is because the principle of subrogation, upon which the claim of the insurance agency rests, only puts the insurance company in the shoes of the offended party. Wala ka nang atraso sa may-ari ng kotse dahil sa release and quitclaim, it follows na wala na ring claim yung insurance company.

 

The proper recourse for the insurance company is to demand from the owner of the car the amount it paid. Labas ka na dun.

 

1. Yes. The traffic report said I bumped the other car at the back.

 

2. Here's a copy of ht e release and quit claim (I typed it with some edits of the intro... if you need a scanned copy, I can send it to you):

 

Know all men by these presents:

That **company** , a corporation duly organized and existing under the Philippine laws with office... (address) hereby declares as follows:

 

That **company** is the lawful and registered owner of a motor vehicle, more particulary described as -edit-, and that said vehicle while traversing SLEX and being driven by -company driver- figured in an accident with a -my car- being driven by -me-.

 

That in order to abbreviately, expenditiously, and amicably setle **company**'s claim for expenses of repair, **company** accepts, as it hereby accepts, the total sum of PXXXXX representing the equivalent, full and complete value and sttlement amount of the first said damaged or repair expense;

 

That by virtue of the said settlement amount, **company** hereby absolutely and completely relinquish and waive any and all rights and/or actions whatsoever it has in relation to the aforesaid vehicular accident;

 

That as a consequence thereof, **company** herein completely and absolutely discharge and release -me-, his agents, successors and assigns from all liabilities or obligations arising, wholly or partially, directly of indirectly, from said vehicular accident.

 

In witness thereof, I have hereunto set my hand...

 

Signs by the General Manager of **company**

 

_____________________________________-

 

**company** is the company which owns the vehicle I bumped.

 

Today I received a letter from their insurance asking that I pay them for the damages within 10 days from receipt of their letter.

 

I understand from your post above that this would constitue a double compensation. But I noticed that this release and quit claim pertains only to obligations to the company and not to their insurance agent. Can I still be sued by the insurance if I decide not to pay them? I'm planning on writing to them tomorrow to explain that I have already paid the company for the damages...

[jojoendejr]

1. Yes. The traffic report said I bumped the other car at the back.

 

2. Here's a copy of ht e release and quit claim (I typed it with some edits of the intro... if you need a scanned copy, I can send it to you):

 

Know all men by these presents:

That **company** , a corporation duly organized and existing under the Philippine laws with office... (address) hereby declares as follows:

 

That **company** is the lawful and registered owner of a motor vehicle, more particulary described as -edit-, and that said vehicle while traversing SLEX and being driven by -company driver- figured in an accident with a -my car- being driven by -me-.

 

That in order to abbreviately, expenditiously, and amicably setle **company**'s claim for expenses of repair, **company** accepts, as it hereby accepts, the total sum of PXXXXX representing the equivalent, full and complete value and sttlement amount of the first said damaged or repair expense;

 

That by virtue of the said settlement amount, **company** hereby absolutely and completely relinquish and waive any and all rights and/or actions whatsoever it has in relation to the aforesaid vehicular accident;

 

That as a consequence thereof, **company** herein completely and absolutely discharge and release -me-, his agents, successors and assigns from all liabilities or obligations arising, wholly or partially, directly of indirectly, from said vehicular accident.

 

In witness thereof, I have hereunto set my hand...

 

Signs by the General Manager of **company**

 

_____________________________________-

 

**company** is the company which owns the vehicle I bumped.

 

Today I received a letter from their insurance asking that I pay them for the damages within 10 days from receipt of their letter.

 

I understand from your post above that this would constitue a double compensation. But I noticed that this release and quit claim pertains only to obligations to the company and not to their insurance agent. Can I still be sued by the insurance if I decide not to pay them? I'm planning on writing to them tomorrow to explain that I have already paid the company for the damages...

 

 

Fauxhead's comment is true. If u wish to reply to the letter from the insurance company, just tell them that the other party had already released you from all liabilities and since that party is the principal, the insurance company cannot have a superior right over their insured client. The insurance company can only step into the shoes of their client and since their client already released you t the point of saying na the amount you paid constitutes the full settlement of your obligation, the insurance company canot sue you or demand any payment from you. As fauxhead suggested, just attached a xerox copy of that release letter to the letter you will send to the insurance company.

[ucantseeme]

im married for less than a year, civil wedding... at manila city hall, arranged by by father in law(ala shotgun wedding)... me and my wife just walked in, signed some documents, then proceeded with the wedding, no seminars, no preparation whatsoever (no ring as well).. I paid less than 5k for the whole thing... what my concern is that when you look at my wedding certificate, there are a lot of things that i think is wrong 1. no signature from any one from my side not even the ninongs, their names is just written there... 2. place of wedding is somewhere in san juan and they say that it was my residence... 3. the official who facilitated the wedding doesnt seem and doesn't look like someone who is really authorized to wed couples... my question is this... since most things on our wedding certificate is wrong would that be a ground of having the whole thing null and void? if thats the case, who will i go to to certify that it is void... the reason why i ask is that my wife wants us to part ways... due to things i did which she can never forgive... im still trying to win her back, but if worse comes to worst... i just wanna be prepared.... also, what is the best way to win custody of our kid?

[shinta]

Thanks fauxhead and jojoendejr!! ;D

[M16A2]

Sorry for the confusion, but it should be mandatory for a policeman NOT TO CONFISCATE YOUR LICENSE when you are in Metro Manila (although as pointed out by Dr. Pepper, we do need to educate law enforcers about this, in other words, makikipag-away ka talaga at makikipagmatigasan muna sa pulis tungkol dito, kasi karamihan sa kanila di alam ito).

 

As for PNCC enforcers, following the rules enunciated by the Supreme COurt, pag labas na ng Metro Manila, pwede na silang magconfiscate.

 

 

Makikipagaway talaga tayo sa mga pulis. Its really ironic that law "enforcers" are the ones who are

grossly ignorant of the law.

[complicated8]

yup mga pulis talaga ang bobo sa law...

Edited April 14, 2007 by complicated8

[friendly0603]

Can anyone help me here? Are job offer letters binding?

 

What does this mean?

 

Termination of employment: Upon successful completion of the probationary period, either party may terminate employment for any reason with one calendar month's notice in writing or one month's salary may be paid in lieu of notice.

 

Can I still resign before the completion of the probationary period? Does this mean that I'm under contract to complete the probationary period?

[friendly0603]

Fauxhead's comment is true. If u wish to reply to the letter from the insurance company, just tell them that the other party had already released you from all liabilities and since that party is the principal, the insurance company cannot have a superior right over their insured client. The insurance company can only step into the shoes of their client and since their client already released you t the point of saying na the amount you paid constitutes the full settlement of your obligation, the insurance company canot sue you or demand any payment from you. As fauxhead suggested, just attached a xerox copy of that release letter to the letter you will send to the insurance company.

 

This is the problem with the police report. Insurance will claim from you talaga. This happened to a friend of mine.

 

His brother bumped a new car (same year) - Altis. So the owner wanted a police report. Amicable agreement, they will claim from insurance and they pay his participation. 7k nga yata. Then eto nag-claim insurance sa kanila since the other party (at fault) has no insurance. then nagbayad pa uli. Wala sila letter. I think 4k or less ang participation. So they asked the balance from the other party (aggrieved) and ang sabi is consuelo na lang daw for not having a car. f#&k, mayaman na nga - (ang daming kotse) - namemera pa.

 

I always advice if the other party is willing to pay. Wag na mag-police report kasi ikaw pa din ang may kasalanan and liable for anything. Pero that document would help.

 

Forced naman sila to pay the participation anyway. Good learning. let us know what happened kung nahabol ka pa ng insurance.

[bonito99]

Can anyone help me here? Are job offer letters binding? ****NOPE****

 

What does this mean?

 

Termination of employment: Upon successful completion of the probationary period, either party may terminate employment for any reason with one calendar month's notice in writing or one month's salary may be paid in lieu of notice.

 

Can I still resign before the completion of the probationary period?****YES****

 

Does this mean that I'm under contract to complete the probationary period?****NO****

[singkit`]

Can anyone help me here? Are job offer letters binding?

 

What does this mean?

 

Termination of employment: Upon successful completion of the probationary period, either party may terminate employment for any reason with one calendar month's notice in writing or one month's salary may be paid in lieu of notice.

 

Can I still resign before the completion of the probationary period? Does this mean that I'm under contract to complete the probationary period?

 

Parang ganon na nga. Gaano ngayon katagal yung probationary period (longest is 6 months i think).