legal Free Legal Advice

[SamanthaJones]

File a civil case for acknowledgment of paternity and support in court. The court has the power to order DNA tests. If you have any photos or letters from the guy where it seems that he acknowledges that your child is his, you can use that. At this point, criminal cases for Violation of Republic Act No. 9262 (Violence against Women and their Children) as well as for Republic Act No. 7610 (child abuse) are premature.

 

Let me cite the recent case of Manny Paquiao. A woman filed last year a criminal case against Paquiao before the Fiscal's Office for Violation of Republic Act No. 9262. The woman claims that Paquiao failed to support her and their alleged love child. The complaint was dismissed for Paquiao denied that the child is his. Moreover, the Fiscal did not have the power to order DNA tests. The complainant was advised to first go to court and file a case for acknowledgment and support.

 

Thanks for the advice. I don't have any written document or photos showing that he's owning the kid. Although, the last woman she lived with knows for a fact the kid's his. He even said that he will never sign any paper to acknowledge the kid. Where should the case be filed?

[SamanthaJones]

File a civil case for acknowledgment of paternity and support in court. The court has the power to order DNA tests. If you have any photos or letters from the guy where it seems that he acknowledges that your child is his, you can use that. At this point, criminal cases for Violation of Republic Act No. 9262 (Violence against Women and their Children) as well as for Republic Act No. 7610 (child abuse) are premature.

 

Let me cite the recent case of Manny Paquiao. A woman filed last year a criminal case against Paquiao before the Fiscal's Office for Violation of Republic Act No. 9262. The woman claims that Paquiao failed to support her and their alleged love child. The complaint was dismissed for Paquiao denied that the child is his. Moreover, the Fiscal did not have the power to order DNA tests. The complainant was advised to first go to court and file a case for acknowledgment and support.

 

Thanks for the advice. I don't have any written document or photos showing that he's owning the kid. Although, the last woman she lived with knows for a fact the kid's his. He even said that he will never sign any paper to acknowledge the kid. Where should the case be filed?

[mlpf]

Thanks for the advice. I don't have any written document or photos showing that he's owning the kid. Although, the last woman she lived with knows for a fact the kid's his. He even said that he will never sign any paper to acknowledge the kid. Where should the case be filed?

 

File the case at the Regional Trial Court (Family Court). You have two options: file at the court of the city where you reside or where the guy resides.

[SamanthaJones]

File the case at the Regional Trial Court (Family Court). You have two options: file at the court of the city where you reside or where the guy resides.

 

 

Does his former live-in's testimony would stand in court?

[Fitzroy]

If the alleged rape took place within the Philippines, this is a job of the police. The police can assist the woman in filing a complaint with the Fiscal's Office. The immigration officer has no business interfering. Criminal cases are outside his jurisdiction. If there is indeed a case filed against your friend before the Bureau of Immigration, wait for the subpoena. If there is an attempt to extort money, arrange an entrapment operation before the NBI or the police. Your friend can also try to gain leverage by reporting the woman as an illegal alien to the Bureau of Immigration. If she is deported, there is no case.

Thanx for the help. My friend will certainly like this

[b_9904]

I think there are some differences between bonuses and incentives but, as a whole, they are similar and used interchangeably. Contracts can always be challenged in court but it may be an uphill battle since you agreed to its provisions when you signed it and courts will not easily allow you to set that aside.

 

thanks dude...

[legalavatar]

Does his former live-in's testimony would stand in court?

[/

 

The testimony of the live-in partner cannot be used as proof of filiation or paternity. At most it can be considered as hearsay and will not be allowed in court. At best, a DNA test can be requested through the courts and this will be definite proof of paternity.

 

I do suggest that you also fight to have your child acknowledged as his illegitimate son. At least he would gain the right to inherit from the father as well as the right to support.

 

Good luck.

[legalavatar]

p.s. how come everything in MTC looks so different? it appears that the policies have been strictly enforced :-( please correct me if i'm wrong...

 

cheers everyone!

[legalavatar]

sup guys?

 

i wanna ask about a friend's problem:

 

He is being accused of rape by his niece (now 30 years old) and said it happened more or less 15 years ago, but still stayed with him until just last month. So my friend practically shouldered all that his niece needed to live. She was not maltreated in anyway by his family but was treated as one of them. Considering this accusation is true, what are the odds of my friend getting put behind bars? The woman has had already been with a boyfriend, probably also engaging in sexual activities. I need you professional opinion please help me out here. Thanks a lot guys

 

Sorry if the reply is belated. It will be very hard to prove the rape. Let the woman sue. Counter-sue for perjury if she files a case. Chances are, all evidences would be been lost by the lapse of such time. Thus, you can tell the fiscal that the woman is merely lying or filing a harassment or vengeance suit against you. For that reason, you may sue for perjury because, from all angles, the story of the woman is really hard to believe.

 

By the way, why do you say that "considering this accusation is true"?

 

 

In any case, it would also be very hard to convince the judge that the accused is guilty beyond reasonable doubt, given the length of time of filing, the age of the alleged victim, etc.

 

 

Assuming for the sake of argument that the accusation is true, since the alleged crime took place 15 years ago (1993) applicable law is NOT the current Anti-Rape Law of 1997 but the original provisions of the revised penal code on rape (which considers rape as a crime against chastity and hence provisions on pardon or forgiveness by the offended party still applicable).

 

Therefore, it may be argued that given the length of time and the fact that the offended party stayed with the alleged offender and even allowed the latter to provide for her welfare and needs, pardon and forgiveness have clearly set in. If she had not pardoned the offender, then she would have merely left the house and reported the matter to the authorities.

 

This pardon or forgiveness would effectively BAR the filing of the criminal case for rape.

 

Best case -- consult a lawyer....

 

Good luck and tell him not to worry

[mlpf]

Assuming for the sake of argument that the accusation is true, since the alleged crime took place 15 years ago (1993) applicable law is NOT the current Anti-Rape Law of 1997 but the original provisions of the revised penal code on rape (which considers rape as a crime against chastity and hence provisions on pardon or forgiveness by the offended party still applicable).

 

Therefore, it may be argued that given the length of time and the fact that the offended party stayed with the alleged offender and even allowed the latter to provide for her welfare and needs, pardon and forgiveness have clearly set in. If she had not pardoned the offender, then she would have merely left the house and reported the matter to the authorities.

 

This pardon or forgiveness would effectively BAR the filing of the criminal case for rape.

 

I stand corrected. The applicable provision is not Republic Act No. 8353, but Article 344 of the Revised Penal Code.

 

Article 344 provides for the extinction of criminal liability in private crimes. It mentions two modes: pardon and marriage, which when validly and timely made, result in the total extinction of criminal liability of the offender. The pardon in private crimes must be made before the institution of the criminal action. In adultery and concubinage, the pardon may be express or implied while in seduction, abduction, rape and acts of lasciviousness, the pardon must be express. In all cases, the pardon must come prior to the institution of the criminal action. After the case has been filed in court, any pardon made by the private complainant, whether by sworn statement or on the witness stand, cannot extinguish criminal liability. The only act that extinguishes the penal action and the penalty that may have been imposed is the marriage between the offender and the offended party (Alonte v. Savellano, G.R. No. 131652 March 9, 1998).

 

I maintain that the filing of a Rape case is not barred since the pardon in this case is only implied. Only an "affidavit of desistance" can be considered as an express pardon. It is the discretion of the Fiscal to file a case since his mandate is only to determine probable cause. He may file despite the long delay or he may dismiss since the long delay in filing a case, if not properly explained, affects her credibility.

[WOlfverine73]

Hello !

 

Can anybody in here help me ? I need a document for the sale of my computer shop medyo rush kase puwede po b maka hinge ng sample or for this purpose. salamat :thumbsupsmiley:

 

Hello !

 

Can anybody in here help me ? I need a document for the sale of my computer shop medyo rush kase puwede po b maka hinge ng sample or for this purpose. salamat :thumbsupsmiley:

[madhatter_ph]

To all MTC LAWYERS AND WEBSITE DEVELOPER

 

I was entered into contract last February of this year 2007 regarding website development

ang sabi ko sa sales executive is gusto kong magpagawa ng website na katulad ng jobsDB and jobstreet.com

after ng few days na negotiation i entered into this kind of contract

 

1. TECHNICAL SERVICES - the service provider will provide the client with the following technical services subject to the following terms and condition:

 

1.1 Setup and subscription to the WebJobSearch website system with features and demoed in ________.net

Subscription to the WebJobSearch Site covers the use of the site, itsfeatures and the contents Management system for the duration of the service agreement. Service subscription does not cover ownership of the site programs and system. Project scope does not include the set-up of an on-line payment facility

 

between no. 2 and no. 4 is not really important

 

and then here is the no.5

 

5. CHARGES AND PAYMENT TERMS - For and in consideration of the services to be rendered by the service provider, the client agrees to pay the following charges:

 

5.1 Development Fee equivalent to FIFTY SIX THOUSAND ONE HUNDRED FIFTY PESOS ( P56,150 ) plus VAT

 

HERE IS MY QUESTION

 

1. After ng expiration ng contract namin ng web developer at fully paid ako for monthly subscription na P10,500

pwede ko na bang makuha at mailipat ko sa iba ang hosting ng website ko?

 

2. Meron bang kontrata ang mga web developer na after 1 year at ayaw ng magpahosting sa kanila ay hindi nila ibibigay ang website sa mismong nagpagawa nito?

 

3. Sa mga web developer - me kontrata ba na pag me nagpagawa sa inyo ng website at pina hosting sa inyo ... after 1 year sasabihin nyo na sa inyo ang website at hindi sa nagpagawa?

 

Please i need reply

 

 

well.. i am not a lawyer, but i handle this things with regards to our IT matters.. as it clearly states in your contract Service subscription does not cover ownership of the site programs and system means you cant own it and have it hosted by another host.

 

as for the contract for a different host or ownership of the development... during the drafting of the contract.. you should have clearly stated the direction of the developments... like, if this site is being developed wherein after completion of the development all legal rights, copyright and IP rights are transferred to you or your company.. this will make anything developed for you, your own. secondly.. if you have included in the drafting the feasibility that it will be only hosted for 1 year by them to which afterwards you have the right to assign a new hosting company... and lastly... since development yan... part of owning the developed site is the assurance that it can be ported out to any other hosting site.. this will make sure that the developed site will be yours after development, and you will have your own choice of hosting company and that the site will function properly on another site...

 

dagdag mo na lang is maintenance and modification after 1 year.

[pogingpogi2x]

May question po ako:

 

Last december bumili ako ng watch sa TIMEX sale sya kc maganda para sakin at 50% off. unfortunately nagka deffect sya after 4 months, since under warranty sya binalik ko sa drop store nila para ma repair/replacement. Wala na daw parts kaya subject for replacement na. PROBLEM: Kung wla ng same model ang sabi nila ang replacement daw ay yung same price nya kung magkano ko nabili. QUESTION: pano kung di ko gusto o di kasing ganda yung available pang replace nila PEDE KO BANG BAWIIN yung bayad ko? NO REFUND ba pag ganon?

 

THANKS PO.

[bpr1020]

any query about legal problems...? wag kang mahiya.. free legal advise ni Butsoy...

[/quote

 

Bro, need ur help on inheritance issue. Erpat ko namatay sa states last Jan 11, meron sya naiwan na properties dito pinas, nakapangalan sa stepmom ko pero kasal erpat ko ke ermat. Sa death cert ni erpat nakalagay na wife nya stepmom ko. Some of the properties under her maiden name(stepmom) ung iba naman sa kanya pa rin using my dad's surname. Got documents like cenomar na isa lang marriage erpat( that is with my mom). Plano sana namin maghabol sa properties nya. These are my questions:

 

1. I heard na pag naghabol it should be no less than 6 months from death. Tama ba to?

2. Anu documents kelangan para ma file sa court ung demanda.

 

Tnx bro. Ur reply will be of great help.

[rcko21]

I dont know where to put this ... anyway..

 

This is regarding traffic rules in qc

 

I was from gilmore going to EDSA so after crossing EDSA -Aurora Blvd. intersection. I made a U-turn at the first intersection after edsa - aurora blvd. intersection so that I can turn right again to head north (going to sm north). Suddenly right after I made a u - turn, qc cops stopped me and told me I can't make a u - turn because its a central island. This is the first time I was given a violation of not following traffic signs when there isn't even a no U turn traffic sign.

Is there a rule to this? Can i contest this to a LTO judge that there is no sign for me to disobey?

 

I'm ignorant regarding traffic rules and regulations. I just follow the signs. If it says no left turn, no right turn, no u turn then i wont do the said turns. Ill try to upload a map locating where I was stopped.