legal Free Legal Advice

[Pinoymale]

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.

Hi,

 

What exactly do you mean by "pag naghabol"? Are you referring to initiating a probate proceeding to have the properties divided among the heirs or filing a case against your step-mom?

[legalavatar]

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.

 

 

 

In reply to #1 - An action for partition of the estate does not prescribe. There is no time limit. Your father's estate should be divided only between you and your mother in the absence of a will. The six month period, correct me if i'm wrong cause i'm not a tax lawyer, pertains to filing of estate taxes (or some other period). It does NOT pertain to any time limit to filing an action for settlement of estate.

 

In reply to #2 - consult a lawyer, you need to file an action for settlement of the estate; have your self appointed as administrator. if you have siblings, your siblings and your mother are entitled to equal shares. if your don't have siblings, you and your mother are entitled to one half each.

 

under the law, your father cannot give any gifts to your step mom because these are prohibited donations (considering that your father was still legally married to your mother at the time your late father was with your step mom).

 

initially, you will need a copy of your father's death certificate, copies of land titles under your father's name or your step mom's name, title to property (car, etc.), and your father's marriage certificate. you must asses the entire breadth of your father's estate.

 

thereafter, consult a lawyer. :-)

 

hope this helps.

Edited May 27, 2008 by legalavatar

[legalavatar]

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.

 

 

I think it is fitting to quote this maxim "Nullum crimen, nulla poena sine lege" (There is no crime if there is no law which punishes the act). Thus, the rule in ALL cases (including traffic) is as follows:

 

THE RULE: In the absence of a prohibition, feel free to execute.

 

Are you sure that there wasn't any "no U-turn" signs? Kung wala, bring your cam phone, take pictures of the area where you were apprehended, and file an admin case against the cops.

 

cops cannot just say "bawal yan" in the absence of visible and legal traffic sign. they always get a lengthy sermon from me if cops tend to impose something they claim is prohibited when no such prohibition (rule/traffic sign exist).

 

Fight for principle dude.

[S-Syndrome]

I think it is fitting to quote this maxim "Nullum crimen, nulla poena sine lege" (There is no crime if there is no law which punishes the act). Thus, the rule in ALL cases (including traffic) is as follows:

THE RULE: In the absence of a prohibition, feel free to execute.

Are you sure that there wasn't any "no U-turn" signs? Kung wala, bring your cam phone, take pictures of the area where you were apprehended, and file an admin case against the cops.

cops cannot just say "bawal yan" in the absence of visible and legal traffic sign. they always get a lengthy sermon from me if cops tend to impose something they claim is prohibited when no such prohibition (rule/traffic sign exist).

Fight for principle dude.

Not that policemens or MMDAs are giving me any trouble but in regard of the absence of a prohibition, feel free to execute rule.

What about those traffic sign which is either intentionally or unintentionally place of area where a motorist has very least chance of visual contact?

Or traffic lights that is block by branches of trees? Is there law or laws that provide guidelines for placement of such signs?

By the way, does traffic violation makes you are criminal? How about driving without license or a expire license?

 

Sorry for so many traffic related questions.

And thank you in advance for the enlightenment.

[bruteCAIN]

Hi, I was involved in a car crash resulting to damage to my car and the car that bumped me. We never got resolved since the other driver (na aminadong may kasalanan) only wants to pay a fixed amount while I'm pushing to him to pay more (to make things clear, the amount I was asking was only 60% of the repair costs while he wanted to pay only about 30% of the repair costs). Sinabi nia din na sia na lang daw magpapagawa pero sa mekaniko nia. I humored him and went to his mechanic. But the mechanic wanted me to just accept the amount the other driver was offering. He said "Kaya yan gawin (sa amount na offered)". So sabi ko, e di gawin mo. Gusto naman ng mekaniko na iwan ko yung buong kotse for a week! Ayaw nia kalasin yung bumper dahil lalaki daw labor! Sabi ko hindi pwede dahil ginagamit ko ang sasakyan. Bandang huli, sinabi sa kin ng mekaniko, kasuhan ko na lang. I asked the other driver ulit and he still wont budge. So I asked him to return with me sa police but he refused na sumama na. And said, kasuhan mo na lang ako. So I did. Pagdating ng hearing (hindi dumating yung other driver) the state prosecutor asked me to file a supplementary affidavit/statement kasi parang kulang daw yung nakalagay sa statement ko.

 

Question:

1. What will happen to this case if it goes on?

2. Bakit parang ang dating sa kin ng mga pulis at prosecutor eh parang gusto nilang kalimutan ko na lang angnangyari?

3. What will happen if no appearance pa din yung other driver sa mga susunod?

4. May pag-asa ba ko manalo knowing na parang gusto ng prosecutor na bitawan ko na lang?

5. Anong mangyayari pag nanalo ako upon resolution?

 

Request for help/advice:

1. Baka naman po mayroong may format ng supplementary affidavit/statement po jan na pwede kong masundan ang format...

2. Any other advice?

[legalavatar]

Not that policemens or MMDAs are giving me any trouble but in regard of the absence of a prohibition, feel free to execute rule.

What about those traffic sign which is either intentionally or unintentionally place of area where a motorist has very least chance of visual contact?

Or traffic lights that is block by branches of trees? Is there law or laws that provide guidelines for placement of such signs?

By the way, does traffic violation makes you are criminal? How about driving without license or a expire license?

 

Sorry for so many traffic related questions.

And thank you in advance for the enlightenment.

 

driving without a license means that your are either driving with an expired license or that you do not actually have a license. pag nakalimutan mo sa bahay pero may license ka, it does not mean you are driving without a license. that should be clear.pag ayaw maniwala ng mmda, isama mo sa bahay mo para kunin yung license mo.

 

traffic violations are not criminal in nature, but merely misdemeanors. they are acts short of committing a crime, but are not by law considered as criminal acts. administrative lang sila and will subject you only to monetary fines or penalties, and no more.

 

it is very hard to prove that hiding a traffic sign was intentionally done by the mmda or the police officer. there is a presumption of regularity of official duties, which means that if they gave you a ticket, the law presumes that you violated traffic law. while there are guidelines as to the size and location of a traffic sign, if they are hidden from plain sight, the law presumes that you know the law. ignorantia elenchi neminem non excusat - ignorance of the law excuses no one.

 

hence, while it seems unfair, if you did not see the sign hidden by the trees (intentionally or otherwise), you violated a traffic law.

Edited May 28, 2008 by legalavatar

[legalavatar]

Hi, I was involved in a car crash resulting to damage to my car and the car that bumped me. We never got resolved since the other driver (na aminadong may kasalanan) only wants to pay a fixed amount while I'm pushing to him to pay more (to make things clear, the amount I was asking was only 60% of the repair costs while he wanted to pay only about 30% of the repair costs). Sinabi nia din na sia na lang daw magpapagawa pero sa mekaniko nia. I humored him and went to his mechanic. But the mechanic wanted me to just accept the amount the other driver was offering. He said "Kaya yan gawin (sa amount na offered)". So sabi ko, e di gawin mo. Gusto naman ng mekaniko na iwan ko yung buong kotse for a week! Ayaw nia kalasin yung bumper dahil lalaki daw labor! Sabi ko hindi pwede dahil ginagamit ko ang sasakyan. Bandang huli, sinabi sa kin ng mekaniko, kasuhan ko na lang. I asked the other driver ulit and he still wont budge. So I asked him to return with me sa police but he refused na sumama na. And said, kasuhan mo na lang ako. So I did. Pagdating ng hearing (hindi dumating yung other driver) the state prosecutor asked me to file a supplementary affidavit/statement kasi parang kulang daw yung nakalagay sa statement ko.

 

Question:

1. What will happen to this case if it goes on?

2. Bakit parang ang dating sa kin ng mga pulis at prosecutor eh parang gusto nilang kalimutan ko na lang angnangyari?

3. What will happen if no appearance pa din yung other driver sa mga susunod?

4. May pag-asa ba ko manalo knowing na parang gusto ng prosecutor na bitawan ko na lang?

5. Anong mangyayari pag nanalo ako upon resolution?

 

Request for help/advice:

1. Baka naman po mayroong may format ng supplementary affidavit/statement po jan na pwede kong masundan ang format...

2. Any other advice?

 

best case - resolution gets issued and case is filed in court. if he gets convicted, di siya makukulong dahil damage to property lang. treble damages lang yan. may pambayad ba siya?

 

if he does not appear and your affidavit completely outlines all the elements of reckless imprudence resulting to damage to property, the fiscal is bound to issue the resolution recommending the filing of the case. if your affidavit is insufficient, the fiscal will dismiss.

 

pards, i do suggest you hire a lawyer. do not toy with the law because it might bite you back. baka mapahiya ka lang sa nakabunggo sa iyo. if you do not want to get a lawyer, take the settlement offered. there is no format to the affidavit, and it takes years of law school and experience to draft one which will not get dismissed by the fiscal. give the public attorney's office a shot, pero pang indigents lang kasi. since you have a car, clearly you're not an indigent litigant.

 

therefore, you ony have to choices - take the settlement, or hire a lawyer. any other decision may lead to unfavorable outcomes.

 

best learn from this saying - he who has himself as his own lawyer has a fool for a client.

 

ikaw rin, you might end up with nothing.

 

cheers.

[legalavatar]

best case - resolution gets issued and case is filed in court. if he gets convicted, di siya makukulong dahil damage to property lang. treble damages lang yan. may pambayad ba siya?

 

if he does not appear and your affidavit completely outlines all the elements of reckless imprudence resulting to damage to property, the fiscal is bound to issue the resolution recommending the filing of the case. if your affidavit is insufficient, the fiscal will dismiss.

 

pards, i do suggest you hire a lawyer. do not toy with the law because it might bite you back. baka mapahiya ka lang sa nakabunggo sa iyo. if you do not want to get a lawyer, take the settlement offered. there is no format to the affidavit, and it takes years of law school and experience to draft one which will not get dismissed by the fiscal. give the public attorney's office a shot, pero pang indigents lang kasi. since you have a car, clearly you're not an indigent litigant.

 

therefore, you ony have to choices - take the settlement, or hire a lawyer. any other decision may lead to unfavorable outcomes.

 

best learn from this saying - he who has himself as his own lawyer has a fool for a client.

 

ikaw rin, you might end up with nothing.

 

cheers.

 

please disregard that last sentence about going to the pubic attorney's office. hindi pwede dahil ikaw pala yung nagdemanda.

 

there's really no choice except to get a lawyer of your own or accept the settlement. anything more would be dangerously foolish (pardon my bluntness)

[xwhiteshadowz]

good day legal advisers... just wanna ask regarding photography in public..is there any law that abides you to take pictures from the street? i know that there are certain places where you are prohibited to take pictures.. but in case in a very public place like in a busy street or the mall perhaps...if ever you shoot at a beggar for instance..or a vendor...is it illegal without their permission? what will be my liabilities? and if ever i was caught by security personnels or policemen..what would be my right? if the pictures is entirely for personal collection and just for hobby...just wanna know the rules i admit my ignorance regarding this...and i prefer to have legal knowledge to protect my film roll...TIA and have a great day ahead

[S-Syndrome]

best learn from this saying - he who has himself as his own lawyer has a fool for a client.

 

Except for former president Ferdinand Marcos perhaps.

 

Cheers

[bonito99]

good day legal advisers... just wanna ask regarding photography in public..is there any law that abides you to take pictures from the street? i know that there are certain places where you are prohibited to take pictures.. but in case in a very public place like in a busy street or the mall perhaps...if ever you shoot at a beggar for instance..or a vendor...is it illegal without their permission? what will be my liabilities? and if ever i was caught by security personnels or policemen..what would be my right? if the pictures is entirely for personal collection and just for hobby...just wanna know the rules i admit my ignorance regarding this...and i prefer to have legal knowledge to protect my film roll...TIA and have a great day ahead

 

 

From what you've mentioned, I see no problem. Inside the mall, would be an entirely different story.

[mlpf]

good day legal advisers... just wanna ask regarding photography in public..is there any law that abides you to take pictures from the street? i know that there are certain places where you are prohibited to take pictures.. but in case in a very public place like in a busy street or the mall perhaps...if ever you shoot at a beggar for instance..or a vendor...is it illegal without their permission? what will be my liabilities? and if ever i was caught by security personnels or policemen..what would be my right? if the pictures is entirely for personal collection and just for hobby...just wanna know the rules i admit my ignorance regarding this...and i prefer to have legal knowledge to protect my film roll...TIA and have a great day ahead

 

Well, some people may take offense if you photograph them without their permission. If you take their picture without their permission and they notice it and object, they may file a case for "Unjust Vexation" (Article 287, Revised Penal Code) which is a criminal offense punishable by imprisonment of 1 to 30 days or a fine from Php 5.00 to Php 200.00.

[xwhiteshadowz]

From what you've mentioned, I see no problem. Inside the mall, would be an entirely different story.

 

 

Well, some people may take offense if you photograph them without their permission. If you take their picture without their permission and they notice it and object, they may file a case for "Unjust Vexation" (Article 287, Revised Penal Code) which is a criminal offense punishable by imprisonment of 1 to 30 days or a fine from Php 5.00 to Php 200.00.

 

 

thank you for the replies sir. so it means that without their permission its will always be your fault? even if you dont intend to include them in the pictures? so its really different if youre press? that you can take pics of people without their permission?

[bonito99]

going "unjust vexation" is just a bit overboard, in your narration.

 

 

if you're paparazzi-type... it may be applicable.

 

if you'll use it to earn money (their images, without their consent) you can be civilly liable.

[shine0121]

Good Day! This is regarding Marriage.

 

1. My cousin got married here in PI but unfortunately her wife went to the US and filed a divorce. Since divorce is not valid here... is it easy for my cousin to file an annulment and how long will it take for him to be single again?

 

2. When my cousin got married his name in his marriage contract may "JOSE" but now sa mga identification cards nya ne's no longer using "Jose" and in his birth certificate wala na ring "Jose". His concern is, possible ba na mkakuha sya ulit ng marriage lic since iba naman ung name nya sa first marriage nya and names nya sa mga identification cards nya and even birth certificate?

 

3. How much is the annulment fee and how long is the processing of it?

 

Thanks!!!!!!!!!!!!!!