legal Free Legal Advice

[mlpf]

Good day po.! admissible po ba as evidence kung sakaling may nakitang samurai and mga bullets sa loob ng isang bahay. considered bang illegal weapons yun? for example may search warrant yung police tpos pumasok sila sa bahay then nakakita sila ng samurai or rambo knives or assorted blades tapos may mga bullets din ng baril pero walang baril.. manghuhuli ba sila? and confiscate ba yung mga makikita nila? yung mga knives and blades eh collection yun galing ibang bansa. kailangan pa ba ng permit dun? dapat din po ba na nakalagay sa warrant kung ano yung isesearch nila? and pano malalaman kung authentic yung warrant..? Thanks po!

 

If the police execute a search warrant, the object of the search is specified. The occupants of the house have to accompany the police during the search. However, if during the course of their search, they chance upon or stumble across contraband or illegal items "in plain view", they can confiscate it and file the appropriate charges.

 

Possessing ammunition (even without a gun) without a license is a crime. It is covered under the law on "Illegal Possession of Firearms and Ammunition" (PD 1866 as amended by RA 8294). However, I have doubts regarding the confiscation of the samurai sword and the blades. Possession in public of deadly weapons such as knives and swords is not punishable under the Revised Penal Code. However, it is usually punishable under City Ordinances. For example, in Quezon City, possessing a deadly weapon in a public place which is not used for any livelihood is a crime. In the case you mentioned, it was just part of a private display at home. Hence, I think the police were not justified in confiscating the bladed weapons.

 

I suggest that the person involved hires a lawyer to verify the authenticity of the warrant. Find out which court issued the warrant and get a certified true copy from the court itself. Have the lawyer file a "Motion to Quash" the warrant especially with respect to the knives and the sword.

Edited April 8, 2008 by mlpf

[rocco69]

di natin masabi kasi ang singilan ay depende sa abugado. may abugadong mataas ang singil, meron ding mura. pag sikat na law firm o pag me pangalan, mas mahal.

 

Shop around. Note that while it is easy to choose a lawyer who is friendly and supportive, without conducting research into his or her background and experience, hindi po ito tama, and may lead to much dissatisfaction later.

 

Ask friends, teachers, employer, co-workers, relatives, neighbors or anyone you trust which lawyer(s) they have used and if they did a good job.

 

Discuss with the lawyer how much experience he/she has in dealing with cases similar to yours.

 

Make sure the lawyer fully identifies and explains the situation you currently face. The lawyer should give you some idea of the amount of money required in legal fees as well as expenses for the action that he/she is going to take for you.

 

Again, ask the lawyer how long it has taken him/her to bring cases similar to yours to a conclusion in the past. Ask if your case involves issues more complex than his/her previous cases and whether or not that will affect the expected time to bring this case to a conclusion.

 

Ask him/her to explain the law as it relates to your case and the effect which existing laws may have on your case. It is extremely important that both the client and lawyer fully understand each other with regard to the results expected.

 

Legal experts,

 

any idea kung magkano ma spend ko on "legal adoption"??

 

magkano ba usually charge ng mga attorneys sa ganitong case?? total na??

 

thanks sa mga sasagot!!

[dylandark]

Thanks po! you sure helped me a lot!

[dSouperMan]

For the Legal Pros,

 

What options can I take regarding a friend who owes me a certain amount of money, like 6 digits. I trusted him since we were friends way back 1st yr college. Anyway, he gave me 2 post dated cheques as sort of assurance, but sadly, both went *poof* without him giving me any infos about it! And all I can get from him till now are empty promises. This has been over a year already.

 

What should I do? HELP! Getting tired of this.

 

Thanks!

[mlpf]

First, deposit the checks and see if they will bounce. If they do bounce and the checks are returned to you by the bank, write your friend a written notice of dishonor (demand letter). Place in the letter that the checks he issued bounced (specify the check nos, dates, and amounts) and that you are giving him 5 banking days to make good on the check. Try to have him personally receive the letter and have him acknowledge receipt in your file copy. As an alternative, send the letter to him by registered mail with return card. However, personal service is preferable. If he fails to make good on the checks, you can then file a complaint against him for two (2) counts of Violation of Batas Pambansa Blg. 22 (the Bouncing Checks Law). File it in the Prosecution Office in the city or province where he gave you the checks. Have a lawyer draft your complaint-affidavit and your notice of dishonor.

[jojoendejr]

And if may I add to that, don't sleep on it. You only have four (4) years to file the criminal case (Anti-Bouncing Check) from the time the checks bounced. After that period, you can no longer file the criminal case except for collection of the amount involved (civil case).

[pussyeater69ph]

Help lang po sa mga lawyers natin just wanna ask po

 

here is my story way back 2006 a cousin of mine borrowed an amount of money in a certain financing company for her travel expenses she an ofw since she need two co borrower me and my brother eh pumayag na maging co borrower nya we prepared all documents etc we went to a certain to open an account and signed post dated check kasi dun sa account dun nya ipapasok yung downpayment sa inutang nya afterward we went back to the financing company to get her loan money after that she went to malaysia but after a days lang bumalik sya dahil yung employer nya eh inaapi daw sya. our problem started nun hindi sya nakakabayad eventually demand letter eh dumating sa amin 3 sa kanya at sa amin magkapatid nakusap sya sa company kung pwede hulugan so pumayag naman yung company pero dami nya lapses as in dami sa paghuhulog then another demand letter dumating sa amin mas lalo lumaki utang nya nag iinterest kasi so nakiusap sya uli eventually hindi naman sya nakabayad then last feb 2008 may dumating na subpoena from the office of prosecutor of pasig city eh mukha ala talagang balak magbayad yung cousin ko kung anu ano rason nya sa amin so kami ng brother nakipag ayos sa company we paid a certain amount we as for a certificate na fully paid na kami dun sa utang ng cousin ko sabi ng company drop na nila yung case sa amin in which our case was bouncing check and sabi ng company maski wag na daw kami mag appear sa prosecutor since sila naman daw ng demanda sa amin at sila din naman ang mag drop ng case sa amin so okey na kami ang worry ko mag appear ba yun sa nbi record namin na may nag file sa amin ng kaso at kung mag appear man how could we clear it since drop na yung case thanks

 

:mtc:

[serolf]

any legal expert pls help me!

 

my wife passed away last feb 2008. meron sya mga credit cards, at personal loans sa bank (covered by her personal checks). am i bound to pay all her obligations sa credit card companies at sa bank where she got the personal loan?

 

ur advice would be greatly appreciated

[mlpf]

Help lang po sa mga lawyers natin just wanna ask po

 

here is my story way back 2006 a cousin of mine borrowed an amount of money in a certain financing company for her travel expenses she an ofw since she need two co borrower me and my brother eh pumayag na maging co borrower nya we prepared all documents etc we went to a certain to open an account and signed post dated check kasi dun sa account dun nya ipapasok yung downpayment sa inutang nya afterward we went back to the financing company to get her loan money after that she went to malaysia but after a days lang bumalik sya dahil yung employer nya eh inaapi daw sya. our problem started nun hindi sya nakakabayad eventually demand letter eh dumating sa amin 3 sa kanya at sa amin magkapatid nakusap sya sa company kung pwede hulugan so pumayag naman yung company pero dami nya lapses as in dami sa paghuhulog then another demand letter dumating sa amin mas lalo lumaki utang nya nag iinterest kasi so nakiusap sya uli eventually hindi naman sya nakabayad then last feb 2008 may dumating na subpoena from the office of prosecutor of pasig city eh mukha ala talagang balak magbayad yung cousin ko kung anu ano rason nya sa amin so kami ng brother nakipag ayos sa company we paid a certain amount we as for a certificate na fully paid na kami dun sa utang ng cousin ko sabi ng company drop na nila yung case sa amin in which our case was bouncing check and sabi ng company maski wag na daw kami mag appear sa prosecutor since sila naman daw ng demanda sa amin at sila din naman ang mag drop ng case sa amin so okey na kami ang worry ko mag appear ba yun sa nbi record namin na may nag file sa amin ng kaso at kung mag appear man how could we clear it since drop na yung case thanks

 

:mtc:

 

 

I suggest you make sure that the company really drops the case. Follow-up with the company the execution of the "Affidavit of Desistance". Accompany the company representative when he subscribes to his affidavit before the prosecutor. Obtain receipts of your payments or better still a certificate of full payment. Better to be safe than sorry. The case will not appear with the NBI. The Prosecutor's Office normally does not furnish a copy of the complaint with the NBI. If I am not mistaken, it is only when a case is actually filed in court that the NBI is informed of the case.

[pussyeater69ph]

Thank sir i already had a copy of certificate of full payment from the company only the affidavit of desistance wala pa po. tnx so much for the advise sir

[pussyeater69ph]

Another query sir:

 

A friend of mine which she is a girl got married last june of 2001 ( hindi alam ng mga kapatid nya nor her mom) but after a few months the guy left her although nagkikita sila like sa mall etc kasi isang lugar sila but physically hindi na sila nagsasama nor nag uusap after seven years still ganun sila does the law applies to them that after sevens years na hindi sila nag uusap automatic eh annul na sya i told her kasi a few years back na i file nya ng annulment yung kasal nya pero ayaw nya kasi mapapahiya daw sya at malalaman ng mga kapatid at mother then the guy got married i think in 2006. so is it true about that seven years na automatic annul sila kasi this 2008 ang ika 7th year nila kasal and also what are the implications dun sa guy na nagpakasal uli maski hindi pa annul previous nilang kasal thank po uli in advance

[mlpf]

Another query sir:

 

A friend of mine which she is a girl got married last june of 2001 ( hindi alam ng mga kapatid nya nor her mom) but after a few months the guy left her although nagkikita sila like sa mall etc kasi isang lugar sila but physically hindi na sila nagsasama nor nag uusap after seven years still ganun sila does the law applies to them that after sevens years na hindi sila nag uusap automatic eh annul na sya i told her kasi a few years back na i file nya ng annulment yung kasal nya pero ayaw nya kasi mapapahiya daw sya at malalaman ng mga kapatid at mother then the guy got married i think in 2006. so is it true about that seven years na automatic annul sila kasi this 2008 ang ika 7th year nila kasal and also what are the implications dun sa guy na nagpakasal uli maski hindi pa annul previous nilang kasal thank po uli in advance

 

There is no such thing as automatic annulment. What we have here is physical separation for the past 7 years. The girl will have to file a court case to have her marriage annulled. The guy can be charged with Bigamy if he remarried in 2006 without first having his 2001 marriage annulled.

[pussyeater69ph]

Thanks again sir for the info

[pussyeater69ph]

I suggest you make sure that the company really drops the case. Follow-up with the company the execution of the "Affidavit of Desistance". Accompany the company representative when he subscribes to his affidavit before the prosecutor. Obtain receipts of your payments or better still a certificate of full payment. Better to be safe than sorry. The case will not appear with the NBI. The Prosecutor's Office normally does not furnish a copy of the complaint with the NBI. If I am not mistaken, it is only when a case is actually filed in court that the NBI is informed of the case.

Sir i just receive the resolution from the Office of the City Prosecutor dismissing our case and further said that the complainant once the case is dismissed or withdrawn the complainant can no longer re-file or revive the same thank so much for your legal expertise mlpf

[james_bandido]

i just want to know if there is a ruling regarding govt agencies (ie pnp-fed) having negotiations/deals with organizations (non-profit) that are not yet sec-registered ... is this allowed ?

thanks in advance ...