legal Free Legal Advice

[pol22366]

bro, just to clarify that simple seduction is a private crime. generally, yung babae lang ang pwedeng magfile. when i said others cannot file the case, i meant it only with respect to simple seduction.

 

i agree that rape can be filed by anyone because it is no longer a crime against honor.

 

for that reason i added that he should not anger the girl because the act committed cannot be any means be considered as rape as there was never any forced intercourse.

 

also, based on the facts above, i doubt if the law on Violence against Women and Children will apply, because there was never any mention of VIOLENCE.

 

The facts only barely alleged that he has/had a relationship with a girl who is barely legal. based on such circumstances alone, there can be no RAPE nor violation of the VAWC law.

 

only simple or qualified seduction could be filed. hence, i said that only the girl can file the case because simple or qualified seduction can only be filed by the offended party.

 

At any rate, I appreciate your comment.

 

Cheers bro.

 

Cheers Bro!

[slippeddisk]

butsoy, hope you don't mind my butting in...

 

doctors can get sued on negligence based on the principle res ipsa loquituor or "the thing speaks for itself". It is very hard to prove medical negligence, let alone get another doctor to testify against his brethren doctor. if you manage to find one will testify for you, great!

 

if the error pertains to diagnosis, whether negligent or not, it's very hard to sue and you might not have a case. error of diagnosis cannot be construed as medical negligence.

 

if the error pertains to some medical procedure which is basic and well-documented such that a simple departure from that procedure is clear negligence on the part of the doctor, then you may have a case.

 

if the irregularities you mentioned pertain to sterility of the operating room or its failure to observe certain protocol, then you sue the hospital.

 

if the irregularities pertain to the failure of the doctor to follow simple procedure, you sue him. Of course, you must prove that the procedure is so basic and fundamental, that his failure to observe the procedure amounts to negligence.

 

if he leaves a syringe or some medical equipment inside your body, then this is the best example of medical negligence - res ipsa loquituor.

 

i doubt if the health management provider has any liability.

 

why do you say that the operation is "palpak"? were the doctors inebriated by alcohol during the procedure? if such is the case, sue both the hospital and the doctor.

 

hope this was helpful.

 

thanks for the reply legalavatar!

 

to answer your question, what i have is slippeddisk - a spine condition.

 

with that comes levels of the spine affected, in my case level L4-L5 -- damage from after surgery included L4-L5 PLUS L5-S1 -- clearly documented on hospital records as well as records i kept, MRI scans taken before the second surgery, as advised to be secured by the second doctor.

 

With this in conjuction with your advice, i would have a case. But getting any doctor to testify to this, including even the second physician, would pose a hurdle.

 

Hope to seek a firm that would actually go ahead and take this case on.

 

Would you say that im on the right track legalavatar?

 

uber thanks in advance!

[slippeddisk]

Hello slippeddisk:

 

In your post two doctors have already operated on you for your medical problem. You said that the second doctor seemed to have "corrected" what the first doctor, as you said, have negligently done.

 

So who caused the relapse, is it the first doctor or the second one? That should be determined first before you can sue.

 

You said that you had a relapse. What is your basis in saying so? Did you consult another 3rd doctor?

 

All these have to be supported by records, and also backed by expert testimony from a doctor who will advice the court why you're saying there is negligence. An expert medical witness is hard to find because he has to be accepted as such by the court, and as legalavatar said it would be hard to find a doctor who will testify against his fellow doctor.

 

So if you really want to file the case, you should prepare your records, make sure that there is proof that really a relapse or "binat" is what happened to you, the one you are suing is the real culprit (and negligent), and you have an expert witness who will back you up.

 

Hope I helped.

 

Hi there pol22366!

 

With reference to my reply to legalavatar, it would be the first doctor who caused the relapse since he's the one who operated on the wrong spinal level, thereby increasing instability on the joint.

 

The basis for this was loosely agreed upon by my rehab doctor, whos also my dean back in college, and by loosely i mean she did not verbally confirmed that to me -- just nodding her head in agreement when i aired my clinical impression.

 

Records from the hosp also shows that i was diagnosed to have problems at a certain level, L4-L5, while an operation was also done on another level, L5-S1. Very clear and exact records that i have with me...

 

And yes, the biggest hurdle will be to get the 2nd doctor, or the 3rd doctor, or probably a 4th party expert to testify to this.

 

So, all elements in having a case and winning it is available to me, lest an expert witness to back me up?

 

Question to you pol and to legalavatar: would you be willing to represent me? being a fellow MTC-er and all?

 

Let me know, I could visit your offices to further discuss possibilities with this case.

 

Thanks a bunch for the replies! And advance thanks in case we see that we can pursue this!

[bobskibok]

To all MTC members who are knowledgeable about laws:

 

I dont know if this is the right thread for this, but if you can give some advice please.

 

 

I would like to ask for your opinion regarding an ejectment case.

This is the Background of the case.

 

There is a piece of land owned by a person with 9 hiers.

A parcel of that land was bartered to my Lolo's piece of land.

In the Deed of Barter, only 8 of the hiers was able to sign

for the reason that the other hier was already given

a piece of land by ther Father located in another place.

 

My Lolo's house stood at that lot since 1961 up to the present.

 

Now, the second generation hiers are disregarding the barter

for the reason that in deed of Barter that they are holding,

there was no signature of my Lolo. They claim that their Attorney said

that it means my Lolo did not agree with the barter. They also

claim that a stiff-hilly land can never be bartered to a residential land.

They also claim that the stiff-hilly bartered land was not named after my Lolo

but still to the ancestor of my Lolo. Yet, the present Tax Declaration certficate

of that the stiff-hilly bartered land was now in the name of one of the

hiers who signed the deed (but already dead).

 

Yet, on the our side, the deed of barter that we have shows that 8 out of the

9 hiers signed and my Lolo also signed the document. The document was notarized

in 1961 by a Lawyer as stated in the document. The recent cadastral survey shows

that technical discription of land is now two (2) which separates the said barterd

parcel of land from its main lot.

 

Now, beyond our knowledge the other party (second generation hiers) was able to

produce a title for the presently two lots (as 2 separate titles) and made it as

a collateral for a loan in a bank. The worst thing that happened was that the

two titles are named to only one of the 2nd generation hiers, and claimed it as

her own.

 

That person has attempted to sell a part of the main lot to another person,

who also immediately built a house on the land. The construction of the said house

was stopped since one of the other 2nd generation hiers questioned and accused the

a fellow hier (whom the land was entitled to her name) for falsification of documents.

 

Now, the person (whom the land was entitled to her name) is now filling an ejectment

case against my Tita, who is now living in the house since both my Lolo and Lola

were now dead.

 

 

Now there are my questions:

 

1. Is the Deed of Barter legal?

 

2. How can there be a deed not signed when we have a deed that is notarized?

 

3. Is the Land Title of the land legal?

 

4. Is falsification case against the person (whom the land was entitled to her name)

had any legal implication / use to our ejectment case?

 

5. What is our hope in the ejectment case?

 

6. Do we own the land? Can we own the land? Will there be chance to for us to have

the title of the land transfered to my Tita?

 

 

Thanks in advance!

 

 

-Bob

[ela_bat]

Bob,

 

i tried to answer your questions. i hope this will help

 

ela_bat

 

 

To all MTC members who are knowledgeable about laws:

 

I dont know if this is the right thread for this, but if you can give some advice please.

 

 

I would like to ask for your opinion regarding an ejectment case.

This is the Background of the case.

 

There is a piece of land owned by a person with 9 hiers.

A parcel of that land was bartered to my Lolo's piece of land.

In the Deed of Barter, only 8 of the hiers was able to sign

for the reason that the other hier was already given

a piece of land by ther Father located in another place.

 

My Lolo's house stood at that lot since 1961 up to the present.

 

Now, the second generation hiers are disregarding the barter

for the reason that in deed of Barter that they are holding,

there was no signature of my Lolo. They claim that their Attorney said

that it means my Lolo did not agree with the barter. They also

claim that a stiff-hilly land can never be bartered to a residential land.

They also claim that the stiff-hilly bartered land was not named after my Lolo

but still to the ancestor of my Lolo. Yet, the present Tax Declaration certficate

of that the stiff-hilly bartered land was now in the name of one of the

hiers who signed the deed (but already dead).

 

Yet, on the our side, the deed of barter that we have shows that 8 out of the

9 hiers signed and my Lolo also signed the document. The document was notarized

in 1961 by a Lawyer as stated in the document. The recent cadastral survey shows

that technical discription of land is now two (2) which separates the said barterd

parcel of land from its main lot.

 

Now, beyond our knowledge the other party (second generation hiers) was able to

produce a title for the presently two lots (as 2 separate titles) and made it as

a collateral for a loan in a bank. The worst thing that happened was that the

two titles are named to only one of the 2nd generation hiers, and claimed it as

her own.

 

That person has attempted to sell a part of the main lot to another person,

who also immediately built a house on the land. The construction of the said house

was stopped since one of the other 2nd generation hiers questioned and accused the

a fellow hier (whom the land was entitled to her name) for falsification of documents.

 

Now, the person (whom the land was entitled to her name) is now filling an ejectment

case against my Tita, who is now living in the house since both my Lolo and Lola

were now dead.

 

 

Now there are my questions:

 

1. Is the Deed of Barter legal?

 

with respect to the 8 heirs, the deed of barter is valid and legal. the 9th heir, has the right to question the deed of barter only to the extent of his or her share in the questioned property. however if the 9th heir has knowledge of the deed of barter from the very start then prescription will lie and he or she can not anymore question or attack the deed of barter.

 

2. How can there be a deed not signed when we have a deed that is notarized?

 

Maybe your lolo skip a page or so in signing the deed.

 

 

3. Is the Land Title of the land legal?

 

Yes. but subject to attacks from you and the other 2nd generation heirs.

 

4. Is falsification case against the person (whom the land was entitled to her name)

had any legal implication / use to our ejectment case?

 

the falsification case will not stop the ejectment case. however if falsification will be proven and will eventually lead to the cancellation of the title then it can affect the ejectment case. But i doubt that the falsification case will be finished ahead of the ejectment case.

 

5. What is our hope in the ejectment case?

 

i suggest you file a annulment of title against the new title holder plus a criminal case of falsification. this will give you leverage on your position.

 

6. Do we own the land? Can we own the land? Will there be chance to for us to have

the title of the land transfered to my Tita?

 

technically you do not own the land. yes you can own the land by exercising your rights as mentioned above.

 

 

Thanks in advance!

 

 

-Bob

[ela_bat]

by the way my answer is after your questions. sorry not used to the format.

[Isabelle777]

I'm just new here. I'm glad I saw this thread. I havent read most of the in-between-posts on this thread so I don't know if my uestion was already asked (before). Since this is a dating site, hehehe, I think this is a great venue.

 

Question to any lawyer here: For example, me and one of the member here (we are both in a legal age already) had an agreement of casual dating (and sex, cyempre). Then, I got pregnant accidentally. Eventhough were not bound with anything since we are not legally or romantically linked, do I have the right to pursue some legal actions to the guy to suport the child? What are his rights too regarding the situation?

 

Because as what I know, eventhough the child would be an illegitimate child, he/she still has the rights for a child suport from her biological father right?

 

I'm not sure if it would fall into Family Code, am I right?

 

Thank you. :*

[bobskibok]

by the way my answer is after your questions. sorry not used to the format.

 

Ela_bat,

 

I'm very grateful for such a very precise and substantive answer.

The case was dismissed by the RTC and returned to the Barangay.

Since there was no settlement with the Barangay, sooner or later

the Barangay Lupon will issue a certification to file action.

 

Thanks again & more power!

 

 

Bob

[Dr_PepPeR]

I'm just new here. I'm glad I saw this thread. I havent read most of the in-between-posts on this thread so I don't know if my uestion was already asked (before). Since this is a dating site, hehehe, I think this is a great venue.

 

Question to any lawyer here: For example, me and one of the member here (we are both in a legal age already) had an agreement of casual dating (and sex, cyempre). Then, I got pregnant accidentally. Eventhough were not bound with anything since we are not legally or romantically linked, do I have the right to pursue some legal actions to the guy to suport the child? What are his rights too regarding the situation?

 

Because as what I know, eventhough the child would be an illegitimate child, he/she still has the rights for a child suport from her biological father right?

 

I'm not sure if it would fall into Family Code, am I right?

 

Thank you. :*

 

If he acknowledges the child as his, like for example he signs as the father in the birth certificate, then the child is entitled to support.

[pol22366]

I'm just new here. I'm glad I saw this thread. I havent read most of the in-between-posts on this thread so I don't know if my uestion was already asked (before). Since this is a dating site, hehehe, I think this is a great venue.

 

Question to any lawyer here: For example, me and one of the member here (we are both in a legal age already) had an agreement of casual dating (and sex, cyempre). Then, I got pregnant accidentally. Eventhough were not bound with anything since we are not legally or romantically linked, do I have the right to pursue some legal actions to the guy to suport the child? What are his rights too regarding the situation?

 

Because as what I know, eventhough the child would be an illegitimate child, he/she still has the rights for a child suport from her biological father right?

 

I'm not sure if it would fall into Family Code, am I right?

 

Thank you. :*

 

 

If he acknowledges the child as his, like for example he signs as the father in the birth certificate, then the child is entitled to support.

 

Doc Pepper, may I just add a bit....with due respect Mr. Ambassador.

 

If he did not acknowledge, then you have to prove that he is the biological father.

 

This may be done through DNA tests, or other evidences that will show his paternity with respect to your child. Although this may be hard and expensive, hence my advice to you is try to talk with him (the father) first and convince him to sign the acknowledgment on the birth certificate.

[Butsoy]

thanks for the reply legalavatar!

 

to answer your question, what i have is slippeddisk - a spine condition.

 

with that comes levels of the spine affected, in my case level L4-L5 -- damage from after surgery included L4-L5 PLUS L5-S1 -- clearly documented on hospital records as well as records i kept, MRI scans taken before the second surgery, as advised to be secured by the second doctor.

 

With this in conjuction with your advice, i would have a case. But getting any doctor to testify to this, including even the second physician, would pose a hurdle.

 

Hope to seek a firm that would actually go ahead and take this case on.

 

Would you say that im on the right track legalavatar?

 

uber thanks in advance!

 

 

 

 

Well taken...

 

Butsoy

[Isabelle777]

If he acknowledges the child as his, like for example he signs as the father in the birth certificate, then the child is entitled to support.

 

Thank you for the answer.

 

Doc Pepper, may I just add a bit....with due respect Mr. Ambassador.

 

If he did not acknowledge, then you have to prove that he is the biological father.

 

This may be done through DNA tests, or other evidences that will show his paternity with respect to your child. Although this may be hard and expensive, hence my advice to you is try to talk with him (the father) first and convince him to sign the acknowledgment on the birth certificate.

 

Thank you for the answer.

 

What if the father is not willing to sign on the birth or baptismal certificate of the child, do I have other option aside from these two?

 

Will a notarized affidavit function as the same?

 

Thank you.

[pol22366]

Thank you for the answer.

 

 

 

Thank you for the answer.

 

What if the father is not willing to sign on the birth or baptismal certificate of the child, do I have other option aside from these two?

 

Will a notarized affidavit function as the same?

 

Thank you.

 

The aknowledgment is an affidavit. But some Civil Registrars might conclude a different notarized affidavit legally infirm as against the acknowledgment at the dorsal side of the Birth Certificate. Though if he will affirm and confirm the affidavit as duly executed by him at the Civil Registrar it will probably have the same effect.

[Arneeious]

If there is a pending case against a company by an ex-employee and the company closes before a decision is issued, what can the ex-employee do in case he wins in the case?

[pol22366]

If there is a pending case against a company by an ex-employee and the company closes before a decision is issued, what can the ex-employee do in case he wins in the case?

 

If the company is a single proprietorship go collect from the owner; same goes if it is a partnership, collect from the partners.

 

If it is a corporation, usually if they close they have a winding-up period or a period for liquidation wherein they collect their receivables and pay their obligations. Under the law you are first priority and should be first to be paid.

 

Hope I helped.