legal Free Legal Advice

[SonBorj]

Any advise on where to do research as to the guidelines on how to go about the sharing of assets (when there was no will) of a deceased father among family members both from legal wife and mistresses?

[rocco69]

Any advise on where to do research as to the guidelines on how to go about the sharing of assets (when there was no will) of a deceased father among family members both from legal wife and mistresses?

 

See Art. 978-1014, Civil Code.

 

Ang importante lang, pag ganyang walang will, hahatiin muna ang ari-arian ng mag-asawa (1/2 pag-aari ng lalaki, 1/2 pag-aari ng babae).

 

Yung 1/2 na pag-aari ng lalaki, mapupunta sa kanyang tagapagmana. Ito yung kanyang mga anak tsaka yung asawa.

 

Bale, sa ari-arian ng lalaki, kalahati mapupunta sa mga tunay na anak (paghahati-hatian nila yun). Kung ano ang parte ng isang tunay na anak, ganun din ang parte nung asawa (kukunin ang parte ng asawa sa naiiwang parte).

 

Yung mga anak sa labas, ang makukuha, kalahati nung share ng tunay na anak (ex. kung 1.2M ang napunta sa lalaki at dalawa ang tunay nyang anak at dalawa din ang anak sa labas - 600T mapupunta dun sa dalawang tunay na anak (tig 300T sila). Yung asawa 300T din. Yung mga anak sa labas, kalahati lang ng 300T, bale tig 150T sila). Note that kung sobrang dami ng anak sa labas, paghahati-hatian na lang nila ang maiiwang parte after makuha ng mga tunay na anak at asawa ang parte nila (eg. kung apat ang anak sa labas, instead of dalawa lang dun sa dati nating example, tig 75T na lang sila.

 

Yung mga kabit, wala silang makukuha.

 

Kung magkakasundo-sundo ang mga heredero, pwede nilang gawin ang hatian sa pamamagitan ng "Extrajudicial Settlement of Estate", isa itong kasulatan kung saan nakasaad ang napag-usapang hatian ng mga heredero. Kung di sila magkasundo, kelangan pumunta sa korte para huwes na ang maghati-hati ng mga naiwang ari-arian ng namatay.

[webmaster_ph]

Any advise on where to do research as to the guidelines on how to go about the sharing of assets (when there was no will) of a deceased father among family members both from legal wife and mistresses?

 

its a big hassle when you're loved ones didn't leave a will.

 

in relation to this: how does one go about declaring/filing a will?

[Google]

in sec registration of business partnerships:

 

is it possible to have more than one partner?

it will be a corporation already if you have more than one partner.

[webmaster_ph]

@google: thanks for the info.

[bonito99]

minimum of incorporators is 5.

 

max is 15.

[webmaster_ph]

minimum of incorporators is 5.

 

max is 15.

 

so the term partnerships are literal in meaning.

 

good info bro.

[rico_chet]

it will be a corporation already if you have more than one partner.

 

 

with all due respect, I disagree, there is no general law stating that if you have more than one partner, our general partnership will be a corporation.

 

It will be a corporation, if you incorporate. If you add in another general partner, the legal effect would be the dissolution of the old partnership and the creation of another, however, there is really no actual requirement for this, except for accounting purposes.

[Dr_PepPeR]

its a big hassle when you're loved ones didn't leave a will.

 

in relation to this: how does one go about declaring/filing a will?

 

There are two ways to make a will:

 

1. Holographic Will - entirely written dated and signed by the testator.

 

2. Notarial Will - complies with all the civil code requirements for a notarial will.

 

In both cases, the wills must be presented for probate in court. This can be done even while the testator is still alive, so that he/she knows the will is valid.

[Dr_PepPeR]

with all due respect, I disagree, there is no general law stating that if you have more than one partner, our general partnership will be a corporation.

 

It will be a corporation, if you incorporate. If you add in another general partner, the legal effect would be the dissolution of the old partnership and the creation of another, however, there is really no actual requirement for this, except for accounting purposes.

 

I tend to agree. It's up to you whether to organize as a partnership or corporation.

[senestroring]

Guys, I've read this item in the pickup thread, how can we defend ourselves in situation such as the one listed below:

 

"Mga MTC members warning lang sa inyo about working girls for hire na in the end huli-dap pala na scam. Ang pangalan ni ay KC around 5ft mukang bata itsura around 18. My friend got her services about 2-3 months ago. My friend paid 3500 pesos for their first two encounters. But on the third service, she said lets meet up around sta mesa area in quezon city. He met my friend at SM sta mesa around 8pm. My friend said that lets just go to pasig, mas marami kasing motel dun. KC said wag nalang dito nalang sa sta mesa, ayaw ko rin kasi lumayo. Then, they went to a sta mesa motel. Once checked in, my friend notice na constant ang gamit ng cell phone ni KC, text ba ng text. They finally did it, after a few minutes nag text uli si kc to someone. Then suddenly someone came knocking hard at the door. When he opened it, there were policeman outside on civilian clothes. Para bang raid yung dating. They took pictures of my friend and KC naked, and even got the condom for evidence daw. My friend was brought to a police station somewhere in Manila. He was put into jail. The police said he was being charged with abduction. My friend was so confuse and don't know what to do. He said abduction, I didn't abduct anybody. I was with KC and I didn't abduct her. My friend finally realized that he was sucked into a huli-dap scam. KC was nowwhere to be found. He tried calling KC but her cell phone is already turned off. KC and the manila police station were in connivance in the scam. The kept telling my friend that he should just settle it with KC's aunt para di na ituloy yung charges na abduction. Kasi sabi ng police na wag na nating paabutin ng umaga ito kasi baka may media na dumating and gumawa ng report sa kaso mo. Sabi rin ng police para hindi narin ma inquest ito sa judge and di ka mag karoon ng record. You can really smell that lots of members of that police station were part of the scam scheme. KC's aunt finally arrived at the police station. Isang lingo na daw na hinahanap si KC, may nakapag tip daw sa kanya na may naka ikita ka KC sa motel sta mesa. Hmmm, grabe itong scam na ito pati police station sangkot. Pati yung police womens desk kasama sa scam. Kasi siya yung nag initiate na kausapin nalang yung aunt ni KC na ayusin nalang yung problema. Pumunta yung babain police sa room with supposedly aunt daw ni KC. After 30 minutes bumalik sa friend ko na payag daw i-atras yung kaso sa friend ko for 100 thousand. Wow nagulat friend ko. Wow grabe, ang sabi niya, hindi ko ini-abuct yung si KC sumama siya sa akin ng kusa. Well, my friend negotiated the price for an hour from 100k, they lowered it to 50k, and finally to 25k. Yung lang kasi pera ng friend ko sa atm account niya He paid the supposedly aunt of KC and he was release 30 minutes after. After the incident, he said to me, pare ang mahal na call girl yun ha 25k. I think the police station is in sta cruz or sta ana. Basta its beside the church. Grabe yung scam na ito. Guys heads up lang tayo sa ganitong scam. Gusto sanang balikan ng friend ko yung police station at i complain sa media kaya lang lalabas kasi pangalan niya and malalaman ng family niya. Kinuha nalang ng friend ko yung plate number nung private blue motorcyle ng police para pag nakita niya sa daan, sasagasaan nalang niya. Ang plate number pala is OY 5305. I'll post also the picture of KC (the call girl scam artist). Wala na yung cell number niya, di na gumagana. So guys, take a look at this picture para hindi kayo ma scam for 25k and di kayo makulong for 3 hrs with hoodlum. Grabe nakaka takot daw sa kulungan. "

[webmaster_ph]

good afternoon to all.

 

is it required to register a business w/ sec on single proprietorship?

 

if not, so that means the business has only to register w/ dti.

 

is this correct?

[Dr_PepPeR]

good afternoon to all.

 

is it required to register a business w/ sec on single proprietorship?

 

if not, so that means the business has only to register w/ dti.

 

is this correct?

 

Correct

Edited November 17, 2007 by Dr_PepPeR

[Larry]

hey legal dudes/dudettes

 

don't know if this has been asked before, but I just wanna know if you guys have any advice on non-compete clauses.

 

our company is trying to get an executive from a competitor, but he's currently under a non-compete agreement with his current employer. I know this usually doesn't mean anything but is really more of a tool to scare people out of leaving the company, but mr. executive won't move unless I figure out a way around this.

 

do you guys know of any way to get around a non-compete clause?

[webmaster_ph]

hi to all,

 

how much does bir deduct from business' gross sales? 12%? 20%?

 

what is withholding tax? is that deductible too? afaik, its only related to employee income.

 

does bir have the authority to tax business income when it comes from overseas?

 

thanks in advance.