legal Free Legal Advice

[Wolf]

thanks for the info sir. sinabihan din ako ng friend ko who's in law school right now that my girlfriend's mom can make a complaint against the act of concubinage and makukulong daw si dad and his 2 bitch-kabit? hehe, if this true, then we would love to see these 3 go to jail.. hahaha!

You're welcome.

 

The thing with concubinage is that only the guilty married man will go to jail.

The concubine will be punished only with destierro, that is, she will be prohibited to go to a certain place within a time period. No imprisonment for the concubine. :thumbsdownsmiley:

[Wolf]

doing this for a friend

 

Mrs.M and her husband are both living separately, with the husband working overseas in the US.

 

Mrs.M has her 2 kids with her (aged 8 & 5), she does not have a job right now, she is living with her mother (biological).

 

Mrs.M is aware that her husband is having an affair and has already filed for annulment, but unfortunately, the husband had it cancelled.

 

And the financial support that the husband is supposed to give to Mrs.M and their 2 kids is being coursed thru the mother-in-law (her husband's mother), which Mrs.M believes is unfair since she is still the legal wife. She strongly believes that both her husband & her mother-in-law are conniving & are intentionally doing this.

 

now my questions for the in-house lawyers are..

 

1st question... can Mrs.M file for annulment herself when she has proven that her husband has a relationship outside of their marriage even though she doesn't have solid proof?

 

2nd question... can she file a case against her husband citing R.A.9262?

 

3rd question... should she win & the annulment takes effect, can the wife still file for child support (she has 2 kids)? can she ask the court to course the monetary support thru her and not thru the mother-in-law?

thanks in advance for your assistance, more power to you :goatee:

 

Q1: No. By itself, infidelity is NOT a ground for annulment of marriage or declaration of nullity of marriage. At best, it is a ground for legal separation only.

 

Q2: Yes, definitely.

 

Q3: Yes, the kids will still be entitled to support from the father and it can be coursed through the mother (but this should be alleged and proven with merit).

[wattleferdz]

A friend of mine who works for a company who has a intrasite where in they post the regulations of the company. Including a section stating that all forms of unions are strictly prohibited (such as credit, labor and others) First offence will be issued a notice to decease, 2nd Offence Termination.

 

Does this fall under unfair labor practice? If so how can he document it and where to file the complaint or case?

 

 

Yes, it is a classic example of unfair labor practice by the employer and a clear violation of one's right to peaceably assemble.

 

Suggest that you print such regulation, file a complaint with the NLRC and attach said printed copy as proof.

[dudsi]

i issued a check for 100,000 pesos as guarantee of payment to my loan to an individual. though, we have a verbal agreement that it will only serve as acknowledgement of my obligation since he is aware that i am not still capable of funding the check.

 

my question is:

 

if in case he deposited the check without my consent, what will be the corresponding penalty under bp22? can i be charged for estafa even if there was a verbal agreement that the check issued was only to serve as guarantee of payment since no agreement was entered during the granting of loan.

[jojoendejr]

Thanks for the advice wattleferdz. actually I already talked to them matagal na. the problem is the bank can't produce the statement of account i'm requesting. kasi daw it takes a month bago daw magawa un dahil nasa archve na daw nila un. how can i able to check how much really i'm goin to pay kun wala un? ok lang sana kun ang bill is about double lang ng remaining balance ko kaya lang sagad sa buto un bill nila.

 

Points of fact:

 

1. If u used a credit card, all of the amounts u used will earn interest and if u don't pay in time, there is such a thing as interest earning interest (that's the simplest way I know to explain it. It's called compounded interest). This explains why astronomical ang laki ng sinasabi nilang utang mo.;

 

2. Once hindi ka nila mapilit na magbayad for quite sometime, most likely ay ilalagay nga nila sa archives ang utang mo and will be considered as old account. If this is the case, the company will take either option: File a collection case against u or refer your account sa isang collection agency.

 

3. The contract of a collection agency with the lending company (bank or any financing company) is that the collection agency will get a collection commission (percentage) in the amount actually collected. (This will explain why they will resort to all kinds of scheme para takutin ang borrower). If the collection agency will find it almost impossible to collect from you, soon they will stop harassing you. Reason: They are not getting paid from collection from you. Bottomline: Ignore them.

 

4. The bank or lending company will almost always refuse to give you a latest statement once nai-refer na nila sa collection agency ang account mo. Probable reason: Nai-declare na nila na "bad debts" ang utang mo, meaning, hindi na ma-collect. This is actually the real reason kaya inilapit na nila ito sa collection agency.

 

Hope this tidbits enlighten u. I should know...part ito ng trabaho ko as a lawyer. Hehe...

[M16A2]

I just want to ask those who graduated in law school or who is now a legal practitioner about career opportunities in the legal profession.

 

1. What job position did you start and where are you now?

 

2. What do you do in your past and/or present position?

 

3. How much do you earn per month? bonuses? privileges? perks?

 

Thanks

Edited July 26, 2007 by M16A2

[seikokinetic]

i issued a check for 100,000 pesos as guarantee of payment to my loan to an individual. though, we have a verbal agreement that it will only serve as acknowledgement of my obligation since he is aware that i am not still capable of funding the check.

 

my question is:

 

if in case he deposited the check without my consent, what will be the corresponding penalty under bp22? can i be charged for estafa even if there was a verbal agreement that the check issued was only to serve as guarantee of payment since no agreement was entered during the granting of loan.

 

 

You will still be liable for BP 22 but not for estafa.

[HimuraButosay]

THERE IS NO CALL FOR YOU TO BE UNPLEASANT ... IT WAS PROBABLY JUST A MISTAKE, YOU KNOW.

 

Edited July 30, 2007 by Wyld

[HimuraButosay]

Q1: No. By itself, infidelity is NOT a ground for annulment of marriage or declaration of nullity of marriage. At best, it is a ground for legal separation only.

 

Q2: Yes, definitely.

 

Q3: Yes, the kids will still be entitled to support from the father and it can be coursed through the mother (but this should be alleged and proven with merit).

 

 

Salamat sa reply...

 

One more clarifcation, what instance can Mrs.M cite in R.A. 9262 (e.g. battery, psychological violence) when she files a case against her husband?

Edited July 28, 2007 by HimuraButosay

[Wolf]

Salamat sa reply...

 

One more clarifcation, what instance can Mrs.M cite in R.A. 9262 (e.g. battery, psychological violence) when she files a case against her husband?

 

RA 9262:

 

SEC. 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

x x

 

i. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children. x x

[jbcast86]

Mga Sir,

 

Tanong lang po, I am planning to buy a piece of land in quezon city, yung TCT naka pangalan sa Ama (who passed away last 2003) yung INA (Buhay pa) 8 yung anak ( 2 ang nasa abroad) What are the documents that i need to ask from the seller represented by one of the Anak (who have SPA from the 2 kapatid who is in abroad)

 

I agree to pay 30 % DP and full payment upon TCT transfer in my name.

 

The ANAK plan is to tranfer first the TCT to her INA and 8 anak, then it will be tranfer to my name.

 

Thanks in advance

[Dr_PepPeR]

Mga Sir,

 

Tanong lang po, I am planning to buy a piece of land in quezon city, yung TCT naka pangalan sa Ama (who passed away last 2003) yung INA (Buhay pa) 8 yung anak ( 2 ang nasa abroad) What are the documents that i need to ask from the seller represented by one of the Anak (who have SPA from the 2 kapatid who is in abroad)

 

I agree to pay 30 % DP and full payment upon TCT transfer in my name.

 

The ANAK plan is to tranfer first the TCT to her INA and 8 anak, then it will be tranfer to my name.

 

Thanks in advance

 

Based on what you posted, the property will have to be subject to an extrajudicial settlement among the heirs of the AMA, who seem to be the INA and ANAK. The estate taxes will have to be settled with the BIR and the property will now be owned by the heirs, so the heirs have to execute a Deed of Sale in your favor. My theory is the 30% down payment will be used to settle the estate tax, the capital gains tax, transfer tax, and documentary stamp tax as well as all other fees and expenses. So the documents you will need to see are the following:

 

Transfer of title to the Heirs:

1. Deed of Extrajudicial Settlement

2. Proof of Payment of Estate Tax

3. Proof of Publication

 

Transfer of title from Heirs to Buyer:

1. Deed of Sale

2. SPAs of Heirs who are aborad

3. Certificate Authorizing Registration from the BIR (given when Capital Gains Tax is paid)

4. TCT in your name

5. Tax Declaration in your name.

[jbcast86]

Thanks a lot sir, the info that you give is very informative and helpful !!!!

 

If may i ask one last question,

 

1. What is the basic duties and responsibilities of a BROKER?

 

2. What is the prevailing rate of a broker commission (a licensed and a not a licensed one)

 

Again, Maraming Salamat for the reply

[doctorBB]

Points of fact:

 

1. If u used a credit card, all of the amounts u used will earn interest and if u don't pay in time, there is such a thing as interest earning interest (that's the simplest way I know to explain it. It's called compounded interest). This explains why astronomical ang laki ng sinasabi nilang utang mo.;

 

2. Once hindi ka nila mapilit na magbayad for quite sometime, most likely ay ilalagay nga nila sa archives ang utang mo and will be considered as old account. If this is the case, the company will take either option: File a collection case against u or refer your account sa isang collection agency.

 

3. The contract of a collection agency with the lending company (bank or any financing company) is that the collection agency will get a collection commission (percentage) in the amount actually collected. (This will explain why they will resort to all kinds of scheme para takutin ang borrower). If the collection agency will find it almost impossible to collect from you, soon they will stop harassing you. Reason: They are not getting paid from collection from you. Bottomline: Ignore them.

 

4. The bank or lending company will almost always refuse to give you a latest statement once nai-refer na nila sa collection agency ang account mo. Probable reason: Nai-declare na nila na "bad debts" ang utang mo, meaning, hindi na ma-collect. This is actually the real reason kaya inilapit na nila ito sa collection agency.

 

Hope this tidbits enlighten u. I should know...part ito ng trabaho ko as a lawyer. Hehe...

 

What if I signed a document restructuring the loan but did not finish paying it? Until now, I still receive a statement of account from them and the amount ballooned to unreasonable figures. BTW, I almost payed 30% of my total loan obligation when I stopped due to depression and haven't paid them for one year. So this means that they haven't written off my debt? Do these credit card companies really file for civil/criminal cases in court? Do you know a credit card company who does? I moved out of our house so I don't personally receive any mails. My spouse delivers all my letters to my present address.

[Dr_PepPeR]

Thanks a lot sir, the info that you give is very informative and helpful !!!!

 

If may i ask one last question,

 

1. What is the basic duties and responsibilities of a BROKER?

 

2. What is the prevailing rate of a broker commission (a licensed and a not a licensed one)

 

Again, Maraming Salamat for the reply

 

]The Broker merely brings the Buyer and Seller together. For the documentation, it is up to the agreement of the parties. In my experience, brokers charge 3-5% of the purchase price.

Edited August 3, 2007 by Dr_PepPeR