legal Free Legal Advice

[juniperxxx]

There are incidences of police planting marijuana leaves inside a car during a checkpoint; what are the things (legal rights and provisions of law) that we must be aware of? Will possession of Marijuana land you in detention? Assuming it's bailable,what if it occurs on a Friday night?

How does this change if it's a drug - ecstasy,shabu Etc...

[engrlee]

meron po ba tayong lawyer na naghahandle ng DOLE cases? especially union matters?

[GARYLYN]

Good day sa mga MTC lawyers,

 

I have a problem and hope I can get some advice from here. My wife and I is not in good term and we are not communicating to each other for almost 4 years now. I am planning to file a legal separation or divorce or whatever that will kept me separate from her. My problem now is my wife was involve in a legal battle and being the husband, the complainant included me in their legal battle. I am na OFW and currently working abroad and I have so far no involvement in their trouble except that I am the husband. What are the action I have to take to depend myself and how can I depend myself considering I am abroad?

 

Thanks

First, you must know what civil action was filed against your wife? Second, what will be your ground for the filing of an annulment case? You must divulge the entire story so that you may be properly advised for the action(s) to be taken against your wife and subsequently for the proper defense of your case.

[jdm922]

ask lng po ako ng opinions mga bosing.

 

last year po i bought a car from a used car dealership in bulacan. assume balance po ang payment (35 Payments) with a DP of 290K. since under bank financing pa sya, under pa rin sya ng name of the original owner. kaso lng po, ung deed of sale is between me and the dealership. ok lng po ba to or should i get a deed of sale from the owner?

 

follow-up lng po. pwede na po ba i-transfer sa name ko ung car sa next registration nya even though di pa tapos bayaran sa bank?

 

thanks po...

[mlpf]

There are incidences of police planting marijuana leaves inside a car during a checkpoint; what are the things (legal rights and provisions of law) that we must be aware of? Will possession of Marijuana land you in detention? Assuming it's bailable,what if it occurs on a Friday night?

How does this change if it's a drug - ecstasy,shabu Etc...

 

The case falls under the Comprehensive Dangerous Drugs Act (RA 9165). During a checkpoint, the police are only authorized to make a visual search. They cannot ask you to open your trunk or ask you to step down unless they have reason to suspect you are carrying contraband. Hence, make sure nothing suspicious in your car is in plain sight. If you are asked to open your trunk, ask them for the reason for the search. Make sure that you personally witness the inspection of your trunk.

 

Possession of marijuana will land you in detention. Possession of dangerous drugs in punishable under Section 11 of RA 9165. Possession is usually bailable (around Php 200,000.00). However, if the quantity of drugs found is large (i.e. 500 grams for marijuana), the crime is non-bailable. The police will bring you to the Station and later refer you to a fiscal for inquest proceedings. The inquest fiscal may file a case against you or refer the case for further investigation (and order your release). Call your lawyer. Make him accompany you during the inquest. Question immediately your arrest even before the inquest prosecutor. If you are arrested on a Friday evening, you will be inquested that same night or during the weekend. However, you will probably spend the entire weekend in jail for the Chief Inquest Prosecutor will be available on Monday.

 

If it is ecstacy or shabu, the quantity is much lower (around 10 grams) for the case to be non-bailable.

 

If the policeman is found to have planted evidence, this is punishable by death (Sec. 29, RA 9165). But, this will be difficult to prove. Policemen are presumed to have performed their duty without any malice. It will be difficult to rebut this.

[Google]

ask lng po ako ng opinions mga bosing.

 

last year po i bought a car from a used car dealership in bulacan. assume balance po ang payment (35 Payments) with a DP of 290K. since under bank financing pa sya, under pa rin sya ng name of the original owner. kaso lng po, ung deed of sale is between me and the dealership. ok lng po ba to or should i get a deed of sale from the owner?

 

follow-up lng po. pwede na po ba i-transfer sa name ko ung car sa next registration nya even though di pa tapos bayaran sa bank?

 

thanks po...

 

because you bought the car, a deed of sale should be available, signed by both parties and notarized. otherwise, baka pwedeng puntahan ka na lang nung former owner and bigla na lang kunin yung car. hehehehe. what would be the proof between you and the buyer that you bought the car?

 

and besides, kailangan mo yan sa transfer of ownership.

 

yes, it can be transferred to your name, but the CR will be "encumbered to" the bank.

[Dr_PepPeR]

The case falls under the Comprehensive Dangerous Drugs Act (RA 9165). During a checkpoint, the police are only authorized to make a visual search. They cannot ask you to open your trunk or ask you to step down unless they have reason to suspect you are carrying contraband. Hence, make sure nothing suspicious in your car is in plain sight. If you are asked to open your trunk, ask them for the reason for the search. Make sure that you personally witness the inspection of your trunk.

 

Possession of marijuana will land you in detention. Possession of dangerous drugs in punishable under Section 11 of RA 9165. Possession is usually bailable (around Php 200,000.00). However, if the quantity of drugs found is large (i.e. 500 grams for marijuana), the crime is non-bailable. The police will bring you to the Station and later refer you to a fiscal for inquest proceedings. The inquest fiscal may file a case against you or refer the case for further investigation (and order your release). Call your lawyer. Make him accompany you during the inquest. Question immediately your arrest even before the inquest prosecutor. If you are arrested on a Friday evening, you will be inquested that same night or during the weekend. However, you will probably spend the entire weekend in jail for the Chief Inquest Prosecutor will be available on Monday.

 

If it is ecstacy or shabu, the quantity is much lower (around 10 grams) for the case to be non-bailable.

 

If the policeman is found to have planted evidence, this is punishable by death (Sec. 29, RA 9165). But, this will be difficult to prove. Policemen are presumed to have performed their duty without any malice. It will be difficult to rebut this.

 

A few tips about checkpoints. First is composure. Checkpoints will normally have signs and manned by uniformed PNP or military personnel. If you act nervous, or smell of alcohol, or seem under the influence of drugs, that is an automatic red flag for the police to ask you to step out of the car. Act righteously but politely. Second, as mlpf has said, the police are only allowed to make a VISUAL search, which means that they should not be the ones going through your stuff, although they can ask you to slide your seat back, open the glove compartment, open the trunk but you should be the one moving your things around, not them. Third, cooperate as much as possible, but do not be intimidated, just be polite about it and don't offer anything other than what is being asked of you.

[jdm922]

because you bought the car, a deed of sale should be available, signed by both parties and notarized. otherwise, baka pwedeng puntahan ka na lang nung former owner and bigla na lang kunin yung car. hehehehe. what would be the proof between you and the buyer that you bought the car?

 

and besides, kailangan mo yan sa transfer of ownership.

 

yes, it can be transferred to your name, but the CR will be "encumbered to" the bank.

 

 

thanks po sa reply sir.

 

i'll raise the issue with the manager of the dealership. anyway he's a close friend of mine. i just asked so that i would be sure i had my bases covered just in case.

 

thanks po ulit.

[rich_girl]

i have two questions:

 

first, saan may lawyer na FREE ang consultation?

 

second, i have an illigitimate child and she's 8y/o now, there was no communication between her and her biological father for the last 5yrs, no financial support either. Now i have heared that her father is planning to get her, he is in US now and will be an immigrant soon.. may habol ba sya?

 

i am married already w/ another man and may nakapagsabi sa akin na pwede daw ampunin ng husband ko yung anak ko, pero kelangan ng consent galing dun sa biological father nya (w/c im sure he'll never give) ano ba pede namin gawin?

 

I AM SO WORRIED pls help

Edited March 11, 2008 by rich_girl

[mlpf]

i have two questions:

 

first, saan may lawyer na FREE ang consultation?

 

second, i have an illigitimate child and she's 8y/o now, there was no communication between her and her biological father for the last 5yrs. Now i have heared that her father is planning to get her, he is in US now and will be an immigrant soon.. may habol ba sya? I AM SO WORRIED pls help

 

Since the child is illegitimate as you state, you, the mother, have parental authority. Unless there are grounds to challenge your fitness as a mother, I think the father has no case.

Edited March 11, 2008 by mlpf

[rich_girl]

can may husband adopt my child w/o a consent coming from her biological dad?

 

.. thanks for your fast reply

[mlpf]

can may husband adopt my child w/o a consent coming from her biological dad?

 

.. thanks for your fast reply

 

Thanks for the modified post. I get the picture now. As a rule, both husband and wife must jointly adopt. If your husband wishes to adopt your illegitimate child, you will have to do it together. As a rule, the consent of the natural father is necessary for adoption. However, the consent of the natural parent who has abandoned the child is not necessary.

[GARYLYN]

Thanks for the prompt reply. First, I would like to address my reason of filing an annulment or whatever is most appropriate. It is a very long story but I would like to summarize as short as possible. While I am abroad, I was able to acquired some properties (car and house and lot). While I'm away my wife quarreled with our neighbors. During my annual vacation, she proposed to transfer to another location and by believing that our neighbors might be the problem. We decided to acquire another house in another location. In short, my wife and my children transfered to the new house. After few years of stay in the new house, she again quarreled with the neighbors. She was also able to sell my car without my permission. The worst thing is she used the proceeds the car on her personal business and portion of it was lent to our neighbor which causes their trouble. I didn't have any knowledge of all what happened until such time that the trouble with our neighbor became worst that lead to a legal trouble. Since our neighbor is also known as trouble maker, and was treathening my family, my wife decided to return back to our original house. During again my vacation, she proposed to sell the 2nd house since they don't want anymore to stay in that house and nobody will take care of the property. I agree to sell the house and before I return to my work, the deal was done however, the payment was handled by her since she doesn't want to put it in my personal account. I strictly instructed her not to touch the money and put it on a time deposit account. All my instruction was not followed and she spent again the proceeds of the house in her personal business and the other part acquired in getting a new house with outstanding amortization and outstanding payment to the owner. I was so very angry this time and from that on I decided to separate myself from her. All my savings had gone and now she is putting me in a financial obligation without my knowledge. I resigned from my job abroad and got some amount from my separation pay. I buy a van mainly for transport business purposes and second to teach them how to fish instead of just getting the monthly supply of fish from me. I got another job abroad and I told my family that I will pay the monthly amortization of the van and the income of the van is where they will get their monthly expenses. I have a driver then who used to drive the van and give my family a daily boundary. However for unknown reason again, my wife forcely get van from my driver and want to manage by herself. My son-in-law is the one driving now the van and giving money to my wife. Now she doesn't want this arrangement and she want to take cash from me of which I can not do since my salary is just enough for the amortization of the van. She is now treathening to sue me and remove from my job (I don't if she is capable for that) and destroying my credibility to her friends, neighbors and pretending and she's good and I'm bad. I already lost my respect on her and I will not in anyway reconcile with her. I am here again abroad trying to recover from the losses she made but she continously pulling me down. Due to this situation, I wan't to totally separate from her in order for me to move on and start a new life and avoid any litigation that she gets involve with.

Well, it was a very very long story. You have a very legitimate reason, however, it is to my humble that we need to dig more for a very good ground to file for an annulment. Secondly, do not be afraid that your wife could have you terminated from work. Just concentrate on your work. I suggest you have to hire a private investigator to dig deeper about your wife, and smell some fishy things on her. Just feel free to personally send a message to me for further advice. Anyway, we have good lawyers in this thread. Best regards.

[serolf]

anybody who could give me his opinion about my situation? my wife has several personal bank loans covered by pdcs(personal nya at 1 na joint kami). my wife died last Feb 26. Am i liable sa balance ng mga personal loans nya, particularly doon sa bank where she issued a check na joint acct namin? ur advice would be greatly appreciated

[Google]

anybody who could give me his opinion about my situation? my wife has several personal bank loans covered by pdcs(personal nya at 1 na joint kami). my wife died last Feb 26. Am i liable sa balance ng mga personal loans nya, particularly doon sa bank where she issued a check na joint acct namin? ur advice would be greatly appreciated

 

 

yes...because you are the surviving heir.