legal Free Legal Advice

[player61014]

sir ask lng po.. pano ba gumawa ng contract? consider nb na valid letter if may signature lng ng tao sa baba ng letter? ano pa kailangan hingin sa tao like id or etc... actually may utang kc sakin ung tao na un we agreed na weekly cya magbibigay pero ndi nasusunod.. hope to hear from u guys...tnx..

[ottacan]

gud day to all mtc peps..hingi lang ng advice,baka kc may makakatulong sa aking sasabihin problema..nasa labas ako ng pinas as OFW..now ito ang problema..may umutang sa akin ng ONE HUNDRED THOUSAND PESOS(100,000,00)with the montly interest of 6%..bale three year na lumipas,sa una at dalawang taon ay kahit hindi on time ang bigay ng interest ay at least naka-kabayad..pero itong pangatlong taon since FEBRUARY ng taong kasalukuyan ay natigil na bigay ng interest..pabalik-balik na ang kapatid ko na tagasingil ko ng buwanang tubo ay puro pangako na lang,na bumalik sa ganoon date pero wala na mang maibigay na interest..bago pa lang makabili itong pina-utang kung taong ito ng bagong kotse last year ay sini-singil ko na ang pinahiram kung pera,hanggang sa ngayon ay puro pangako pa rin..wala kaming kasulatan pero gina-ranturahan ito ng pamangkin ng taong humiram ng pera,na bale pamangkin ko naman sa pinsan..ngayon nga ay tinatanong ko sa nag-garanture na kung mabibigyan ako ng kahit man lang katibayan na umutang sa akin ng 100K..pero parang umiiwas sa akin...ANO KAYA ANG MAGANDANG ADVICE NA MAIBIBIGAY NYO SA NASABI KONG SULIRANIN..SA APRIL AKO MAGBABAKASYON DYAN SA PINAS AT KUNG DI PA MAKAKABAYAD ITONG SINSABI KONG TAO..BALAK KUNG IDULOG ITO SA KORTE,AT KUNG SINO MAN SA INYO ANG MAY KILALA NA MAGALING NA LAWYER..CAN ANYONE RECOMMEND,KUNG MAKUKUHA KO NG BUO ITO MAY REWARD,SYEMPRE..

[redax]

The good news for you is that even just considering his monthly interest payment of six thousand pesos per month for 2 years, you already have a 36% per year return on your loan, this is if you do not recover your initial loan of one hundred thousand anymore. I mean after all, if he has paid you 6 thousand for 24 months, that is a total of one hundred forty-four thousand pesos. I am basing the 36% per annum return on that.

The bad news is you cannot oblige him to pay interest on your loan as Article 1956 of the Civil Code provides:

No interest shall be due unless it has been expressly stipulated in writing.

Hopefully, he will voluntarily pay you back the original amount of the loan. He could allege total payment of the loan from the monthly payments he paid you.

Your contract stipulates a 72% annual interest on his loan. Banks nowadays just pay around 5% annual interest on their special deposit accounts and you could get home loans for around 12% annual interest. As they say, the higher the return, the higher the risk.

[wizard23]

Basically you just have to metion who are the authors of these articles, sayings, quotes. And he must mention that the book is a mere compilation of what he obtained from the internet for free for him not to be liable for plagiarism. Copyright however is another matter, this would entail asking permission from the authors or owners of the copyright if you can publish them in your friend's book... while he obtained them from the net for free, it doesn't mean that he can copy it and make money out of it. Remember that copyright laws are internationally enforceable, so that even if the author or owner is not from your country or state, his/her copyrights over his/her works must be respected.

 

thanks for the advice pol22366.

[azayco]

sir ask lng po.. pano ba gumawa ng contract? consider nb na valid letter if may signature lng ng tao sa baba ng letter? ano pa kailangan hingin sa tao like id or etc... actually may utang kc sakin ung tao na un we agreed na weekly cya magbibigay pero ndi nasusunod.. hope to hear from u guys...tnx..

 

I understand that you are trying to come up with a payment scheme whereby the borrower will pay you in installments over a certain period. You will need a written document especially if you decide to impose interest (whether built-in to the amortization or as a penalty). The document is essentially a Promissory Note because there is a promise to pay by the borrower. Just make sure that these key words appear:

 

"I promise to pay [your name] in __ installments of Pesos: __________ every __ day of the month starting on ____, 2008 and ending on ____, 2008/2009."

 

You can add interest charges for delayed payment.

 

The document must be signed by the borrower. You can ask someone to sign it as witness, but this is optional.

 

A Promissory Note is not required to be notarized, but notarization will help should you decide to go to court to collect from the borrower.

 

Good luck!

[azayco]

sir sa networking ba me mahahabol,like pinangako na sila magdispose ng products ko para lang mamemeber ako,tapos ending e wala pala tapos inaaway pa ako ngayon

 

 

Agree with Mr. Bonito. There is a case for estafa because you entrusted products to that person and that person misappropriated or cannot account for teh products. The penalty for estafa is imprisonment (depending on the value of the products misappropriated) and fine. You can also recover the products or its value in money.

[spadon]

Good morning, would like your legal opinion on how best to handle shares of stocks my widower uncle has in his name.

 

My uncle is is 85 years old, childless and became a widower five years ago. He has substantial shares of stocks of various bluchip companies (PLDT, Ayala, etc). The market value of the shares in this bear market is still over P1M. He wants to transfer ownership of said shares to his surviving brothers and sisters.

 

How could this be done?

 

Thanks.

[pol22366]

You just have your uncle execute deeds of assignment for the respective shares to his intended transferees, if you have the stock certificates, this can be done by filling in the dorsal portion of the certificates. Then you have to look for the corporate secretaries of the respective corporations and request for the annotation of the assignments to their stock and transfer books. If it involves stock certificates, you can also request for the issuance of new stock certificates under the name of the new owners/transferees.

 

Good morning, would like your legal opinion on how best to handle shares of stocks my widower uncle has in his name.

 

My uncle is is 85 years old, childless and became a widower five years ago. He has substantial shares of stocks of various bluchip companies (PLDT, Ayala, etc). The market value of the shares in this bear market is still over P1M. He wants to transfer ownership of said shares to his surviving brothers and sisters.

 

How could this be done?

 

Thanks.

[bonito99]

make sure you pay the transfer taxes.

[spadon]

You just have your uncle execute deeds of assignment for the respective shares to his intended transferees, if you have the stock certificates, this can be done by filling in the dorsal portion of the certificates. Then you have to look for the corporate secretaries of the respective corporations and request for the annotation of the assignments to their stock and transfer books. If it involves stock certificates, you can also request for the issuance of new stock certificates under the name of the new owners/transferees.

Thank you for your reply.

 

Would like to clarify the mode of transfer:

 

1. My uncle signs at the back of the stock certificates to be transferred, naming the new owners/transferees therein

questions: can the transferees be multi and named in an and/or manner, ie Juana Santos and/or Jose Santos?

2. Does signed stock certificate have to be notarized?

3. Bring signed (notarized?) stock certifictaes to the respective corporate secretaries for annotation in the corporation's

books and request for issuance of new certificates

4. Any fees to be paid? How much if any?

[pol22366]

Thank you for your reply.

 

Would like to clarify the mode of transfer:

 

1. My uncle signs at the back of the stock certificates to be transferred, naming the new owners/transferees therein

questions: can the transferees be multi and named in an and/or manner, ie Juana Santos and/or Jose Santos?

2. Does signed stock certificate have to be notarized?

3. Bring signed (notarized?) stock certifictaes to the respective corporate secretaries for annotation in the corporation's

books and request for issuance of new certificates

4. Any fees to be paid? How much if any?

1. It can be on an and/or manner, but this will entail further controversy as to the particular shares of each transferees, hence I would advice against it;

 

2. The stock certificate does not need to be notarized, but some corporations might still ask for deeds of assignments just the same;

 

3. Yup

 

4. Ser Bonito says the taxes, don't forget the taxes. This depends on the amount and current par value of the shares. And lastly, there may be transfer fees charged by the corporations for the transfers.

Edited November 3, 2008 by pol22366

[yellowjacket]

Mga Bro. pag terminated ka ba kelangan my separation pay?

[Roubaix]

Mga Bro. pag terminated ka ba kelangan my separation pay?

 

It all depends. The law only requires severance pay under certain conditions. The general rule is that if the termination was a just cause (firing - employees' fault), then NO separation (except if sickness) pay.

 

Authorized causes are those there the employers wants to let go employees to save money or cut costs. The law provides a minimum of 1/2 month or 1 month (or multiplied by years of service, whichever is higher) severance pay.

 

Hope that helps.

[azayco]

Good morning, would like your legal opinion on how best to handle shares of stocks my widower uncle has in his name.

 

My uncle is is 85 years old, childless and became a widower five years ago. He has substantial shares of stocks of various bluchip companies (PLDT, Ayala, etc). The market value of the shares in this bear market is still over P1M. He wants to transfer ownership of said shares to his surviving brothers and sisters.

 

How could this be done?

 

Thanks.

 

 

Thank you for your reply.

 

Would like to clarify the mode of transfer:

 

1. My uncle signs at the back of the stock certificates to be transferred, naming the new owners/transferees therein

questions: can the transferees be multi and named in an and/or manner, ie Juana Santos and/or Jose Santos?

2. Does signed stock certificate have to be notarized?

3. Bring signed (notarized?) stock certifictaes to the respective corporate secretaries for annotation in the corporation's

books and request for issuance of new certificates

4. Any fees to be paid? How much if any?

 

I would like to add to the earlier posts. I note that the shares are publicly-listed.

 

It may be worthwhile to check whether the shares are lodged with the Philippine Depositary and Trust Corporation (PDTC). If they are lodged with the PDTC, then there may be no physical stock certificates and the shares may be in the name of a broker/ trading participant under a "jumbo certificate."

 

If you wish to withdraw the shares from the PDTC System, the PDTC has a procedure for upliftment. Under the procedure, the broker will transfer to you the legal title to the shares by surrendering the jumbo certificate of the broker to a stock transfer agent, which then issues a new stock certificate in the name of the shareholder. The expenses for upliftment are for your account.

Edited November 4, 2008 by azayco

[disorder1666]

Nagpabody repair and paint ako ng oto then after 6 months of unsatisfactory of work i decided to pullout the car and transfer it sa isang shop para macorrect and maayus yung repair and paint... Nagkaroon kami ng hand written agreement na both parties agreed to pullout the car for body works and paint total damage is 40k...

 

Question anong habol ko when it comes to legallity? Kasi to our surprise sobrang backjob ng oto considering na 40k na yung bayad ko... Sabi ko sa owner na tignan yung oto ko at isama nya yung gumawa para makita nila both... Your suggestion is greatly appreciated... Thank you...