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[kix™]

Kung klaro sa sulat ng coop na wala nang responsibilidad yung friend mo dun sa utang (at mukhang ganun nga ang tema ng sulat dahil bakit naman nila itra-transfer sa account nung officemate kung sagutin pa rin niya yung utang) , novation na nga yun at di na niya sagutin yun kung "uncertain" ang pagbayad nung officemate sa coop. Wala na rin siyang pananagutan dun sa original na utang (tingnan ang Art. 1295, Civil Code).

 

Thanks Sir tignan ko din ung binigay mo Article 1295

[MNdMud4s3x]

hi SIr...

 

With regards sa Lupang nkuha nmin kaso hndi na namin kayang i-continue yung bayarin...actually 100k plang yung naihulog namin kung baga yun yung downpayment...then hindi pa kmi nakakapaghulog ulet....may chance pba kmi na ma-refund yun?

 

wait ko nlang ulet yung reply nyo...

 

Advance thanks for your help...........

 

look at the contract. if the contract provides for a refund, then the provisions of the contract would prevail. but if none, mukhang walang posibility to refund. the controlling law is the maceda law... sale of real property on installment. under the law there must be a certain proportion of the payable price to allow refund sa buyer. since in your case you were able to pay the dp only, im soprry to say no refund is availing. anyways you can recheck the provisions of the maceda law to be sure.

[MNdMud4s3x]

reiterate my question sana my sumagot...

 

My nakulong na ba sa UNPAID BILLS??? I mean sa Celphone bills halimbawa???

 

Kapag tipong nagpadala na ng LETTER ung sa Collection Agency, totoo ba ung sinsabi nila dun o panakot lang tlga?!!?!?

 

pwede, estafa. but in reality, the companies, if the arrears are minimal, hindi na rin nila pinupursue and kaso. nga lang, puputaktihin ka naman ng mga collection agencies.

[azayco]

Question: may nakukulong sa dahil sa adultery?

 

Yes. Adultery is a criminal offense under the Revised Penal Code as mentioned by lomex.

 

question din:

 

My nakulong na ba sa UNPAID BILLS??? I mean sa Celphone bills halimbawa???

 

Kapag tipong nagpadala na ng LETTER ung sa Collection Agency, totoo ba ung sinsabi nila dun o panakot lang tlga?!!?!?

 

Walang nakukulong sa unpaid cellphone bills. Our Constitution provides:

 

Article III, Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

 

But if you issued a check for your unpaid bills and the check bounces, you may be imprisoned for violation of the Bouncing Checks Law.

 

The civil action for collection is distinct from the criminal case for violation of the Bouncing Checks Law. You will still be held liable for the payment of your unpaid bills.

[Spank_me_then]

If I have a chain of shops under single-proprietorship, paano ko gawing corporation?

 

ok ba itong plano ko?

[Pinoymale]

Yes. Adultery is a criminal offense under the Revised Penal Code as mentioned by lomex.

 

 

 

Walang nakukulong sa unpaid cellphone bills. Our Constitution provides:

 

Article III, Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

 

But if you issued a check for your unpaid bills and the check bounces, you may be imprisoned for violation of the Bouncing Checks Law.

 

The civil action for collection is distinct from the criminal case for violation of the Bouncing Checks Law. You will still be held liable for the payment of your unpaid bills.

 

I would just like to add that while no one can be imprisoned for non-payment of debt, if the company files a civil case against you for collection of your debt and the court decides in favor of the company and orders you to pay and you don't do so then theoretically you can be imprisoned. You'll be imprisoned not for non-payment of debt but for refusing/disobeying a court order. This is theoretically possible but in practice is hardly, if ever, done.

[jackbrng]

If I have a chain of shops under single-proprietorship, paano ko gawing corporation?

 

ok ba itong plano ko?

 

the same lang din nung nag-pa-register ka ng new business mo. Yun lang sa SEC ka na magpaparegister. Kung gusto mo i-carry pa rin yung trade name mo, verify it with SEC kung available pa. Then after ng SEC, Mayors Permit. Since sabi mo chain of shops, baka kalat-kalat ito ng iba't ibang city so medyo matrabaho ito dahil kukuhanan mo ito uli ng Mayor's Permit bawat city. Do it on January, para di nasayang yung Business Tax na binayaran mo sa Single Proprietorship mo, kasi pag December mo ginawa, renew ka rin ng January, doble gastos.

 

Malaking problema lang dyan ay sa BIR, dahil ire-retire mo yung Single Proprietorship. Ang procedure sa retirement sa BIR ay i-audit nila yung last 3 years ng business. Kung okey ang mga accounting at tax records mo at ma-justify mo yung tax payments mo sa BIR, ok, pero kung hindi, magastos yan. Pwede naman i-proceed yung registration ng corporation sa BIR habang nire-retire mo yung Single proprietorship dahil magkaibang entity naman yan at para di ma-apektuhan yung operation ng business nyo.

Edited November 11, 2008 by jackbrng

[candycurse]

Who can help me with this??? but before that this is the story.... i went to my gf's haws... bale haws ng parents nya... tito went to the province si tita sa office ...siblings sa school..... after that may pumunta sa house ex-bf ng gf ko nabalitaan andun daw ako ...una kumatok tapos nun di pagbuksan nagwala...tinadyakan at sinuntok and pintuan hanggang masira... so aun na pagpasok sinuntok ko agad...tapos rear naked choke...nun makakatulog na sya bumunot ng balisong pero natapik ko gang sa nabitawan tapos suntukan tapos na tuhod ko nahilo dumating mga tao aun may pumigil....... anu pwedeng kaso sa tao na ito naitago namin weapon nya and na report na sa caloocan station un pangyayari.can anybody help me with this up to now that person is at large at pwede nya ulitin un..anu pwedeng ikaso sa kanya ...???gaano katagal ang parusa ng ganun at sino pwede tumulong sken para mahuli sya w/out me providing unnecessary na mga lagay .... help mtc experts??? true story toh..happened last week lang....

 

Help... =(

[MNdMud4s3x]

Yes. Adultery is a criminal offense under the Revised Penal Code as mentioned by lomex.

 

 

 

Walang nakukulong sa unpaid cellphone bills. Our Constitution provides:

 

Article III, Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

 

But if you issued a check for your unpaid bills and the check bounces, you may be imprisoned for violation of the Bouncing Checks Law.

 

The civil action for collection is distinct from the criminal case for violation of the Bouncing Checks Law. You will still be held liable for the payment of your unpaid bills.

 

i think a criminal action may be still availing if the charge of estafa would be filed under the RPC as distinguished from the bouncing checks law. although unpaid bills may take form of arrears only and the provision under the constitution is well taken, the elements of estafa would also be present should the debtor continuously refuse to pay. not paying phone bills may be likened to staying in a hotel or eating in a restaurant and not paying afterwards. acts which are embraced by estafa under RPC.

[kimbo]

Who can help me with this??? but before that this is the story.... i went to my gf's haws... bale haws ng parents nya... tito went to the province si tita sa office ...siblings sa school..... after that may pumunta sa house ex-bf ng gf ko nabalitaan andun daw ako ...una kumatok tapos nun di pagbuksan nagwala...tinadyakan at sinuntok and pintuan hanggang masira... so aun na pagpasok sinuntok ko agad...tapos rear naked choke...nun makakatulog na sya bumunot ng balisong pero natapik ko gang sa nabitawan tapos suntukan tapos na tuhod ko nahilo dumating mga tao aun may pumigil....... anu pwedeng kaso sa tao na ito naitago namin weapon nya and na report na sa caloocan station un pangyayari.can anybody help me with this up to now that person is at large at pwede nya ulitin un..anu pwedeng ikaso sa kanya ...???gaano katagal ang parusa ng ganun at sino pwede tumulong sken para mahuli sya w/out me providing unnecessary na mga lagay .... help mtc experts??? true story toh..happened last week lang....

 

Help... =(

Your gf or her family can file the following criminal cases: (1) qualified trespass to dwelling; and (2) malicious mischief for destroying the door

 

On the other hand, you and your gf can also file the following criminal charges: (1) threat - in case he made threatening remarks; and (2) also charge him with attempted homicide by alleging that he went to your gf's residence with intent to k*ll you evidenced by the knife you recovered from him.

 

In any case, it will be the Office of the City Prosecutor who will determine the appropriate charges against him. The important thing is for the complainant/s to narrate all necessary details of the criminal acts.

 

The police should have arrested him immediately after the incident. The only way for this person to be arrested is through the issuance of a warrant of arrest by a court of competent jurisdiction. Therefore, you have to file an Affidavit-Complaint with the Office of the City Prosecutor of Caloocan City and thereafter, a preliminary investigation will be conducted. After the preliminary investigation and the Prosecutor finds probable cause, criminal information/s will be filed in court against this person. That is the only time that a warrant of arrest will be issued and you can have this person arrested on the basis of that warrant. Try to secure the services of a lawyer for the preparation of the Affidavit-Complaint and other supporting Affidavits which will be filed with the Prosecutor's Office.

 

Another way for the case to be filed is by coordinating with the Caloocan police so that they will file the case with the Prosecutor's Office in your behalf.

 

You will receive a subpoena for the schedule of the preliminary investigation after the complaint has been filed with the Prosecutor's Office.

[kimbo]

Who can help me with this??? but before that this is the story.... i went to my gf's haws... bale haws ng parents nya... tito went to the province si tita sa office ...siblings sa school..... after that may pumunta sa house ex-bf ng gf ko nabalitaan andun daw ako ...una kumatok tapos nun di pagbuksan nagwala...tinadyakan at sinuntok and pintuan hanggang masira... so aun na pagpasok sinuntok ko agad...tapos rear naked choke...nun makakatulog na sya bumunot ng balisong pero natapik ko gang sa nabitawan tapos suntukan tapos na tuhod ko nahilo dumating mga tao aun may pumigil....... anu pwedeng kaso sa tao na ito naitago namin weapon nya and na report na sa caloocan station un pangyayari.can anybody help me with this up to now that person is at large at pwede nya ulitin un..anu pwedeng ikaso sa kanya ...???gaano katagal ang parusa ng ganun at sino pwede tumulong sken para mahuli sya w/out me providing unnecessary na mga lagay .... help mtc experts??? true story toh..happened last week lang....

 

Help... =(

Your gf or her family can file the following criminal cases: (1) qualified trespass to dwelling; and (2) malicious mischief for destroying the door

 

On the other hand, you and your gf can also file the following criminal charges: (1) threat - in case he made threatening remarks; and (2) also charge him with attempted homicide by alleging that he went to your gf's residence with intent to k*ll you evidenced by the knife you recovered from him.

 

In any case, it will be the Office of the City Prosecutor who will determine the appropriate charges against him. The important thing is for the complainant/s to narrate all necessary details of the criminal acts.

 

The police should have arrested him immediately after the incident. The only way for this person to be arrested is through the issuance of a warrant of arrest by a court of competent jurisdiction. Therefore, you have to file an Affidavit-Complaint with the Office of the City Prosecutor of Caloocan City and thereafter, a preliminary investigation will be conducted. After the preliminary investigation and the Prosecutor finds probable cause, criminal information/s will be filed in court against this person. That is the only time that a warrant of arrest will be issued and you can have this person arrested on the basis of that warrant. Try to secure the services of a lawyer for the preparation of the Affidavit-Complaint and other supporting Affidavits which will be filed with the Prosecutor's Office.

 

Another way for the case to be filed is by coordinating with the Caloocan police so that they will file the case with the Prosecutor's Office in your behalf.

 

You will receive a subpoena for the schedule of the preliminary investigation after the complaint has been filed with the Prosecutor's Office.

[pol22366]

i think a criminal action may be still availing if the charge of estafa would be filed under the RPC as distinguished from the bouncing checks law. although unpaid bills may take form of arrears only and the provision under the constitution is well taken, the elements of estafa would also be present should the debtor continuously refuse to pay. not paying phone bills may be likened to staying in a hotel or eating in a restaurant and not paying afterwards. acts which are embraced by estafa under RPC.

 

I think there is no misrepresentation in non-payment of phone bills which works like a credit line, unlike in staying in a hotel or eating in a restaurant wherein you are required to check-in or order food, hence you know beforehand that you're going to pay an amount certain for what you consummed before consumming it, thereby commiting misrepresentation in checking-in or ordering food knowing all the while you cannot pay.

Edited November 13, 2008 by pol22366

[MNdMud4s3x]

I think there is no misrepresentation in non-payment of phone bills which works like a credit line, unlike in staying in a hotel or eating in a restaurant wherein you are required to check-in or order food, hence you know beforehand that you're going to pay an amount certain for what you consummed before consumming it, thereby commiting misrepresentation in checking-in or ordering food knowing all the while you cannot pay.

 

In general, the elements of estafa are: (1) that the accused defrauded another (a) by abuse of confidence or ( by means of deceit; and (2) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.

 

When applying for a phone line, as well as credit line, the applicant vouches for his ability to pay and his intention to religiously do so. As such, the company will rely on this representation and grants the application. The grantee's contumacious refusal to pay with no apparent reason would result in defrauding the company. Thus, the first element of estafa would be present. By not paying, damage capable pecuniary estimation would also arise, completing the elements of estafa. If you would notice some demand letters of collection companies or lawfirms-kuno, they threaten the dafualting subscribers with a collection of sum of money as well as estafa, which actually have bases.

 

Of course, this is just for argument's sake, as companies are inclined to file collection suits rather than criminal actions. Also, this is a matter evidence. The fact that the accused defrauded another should be clearly established, which would rather be very ardous. Notably, the companies are even at a quandary in filing civil cases, as the collection would involve only minimal amounts considering the expenses of the suit.

 

kaya ignore the demand letters.

Edited November 14, 2008 by MNdMud4s3x

[Arneeious]

The president of our homeowner's association is insisting on hiring as a security guard a person who has numerous complaints against him in the barangay hall for various reasons like vandalism, destruction of property, and theft. The president is insisting on hiring the person despite oppositions from residents.

 

Where can we file a complaint to stop the president from hiring the person? I don't think the association is registered with the SEC but I'm told it is recognized by the village association.

[disorder1666]

Good day po... Pwede po ba humingi ng legal advice regarding my experience...

 

Here's the scenario:

 

I met this person and we became acquainted with each other. He has a shop. And since I thought that we're friends already, I decided to have their shop(he has a partner in this shop which I only got to know upon bringing my car there last MAY)repaired my car. They qouted me 25K for the Body Repair and Paint. But then, when the car was being checked, they found out a lot of rust inside and a lot of body works daw should be done. They asked me for an additional payment, totalling to 45K all in. At that time, I actually don't have a budget of 45K for my car but since "napasubo" na, I thought I can't do anything about it kasi nga nabuksan na yung oto. Kaya pina-GO ko na rin. So they started to work on my car. I trusted the person I knew, that my car was in good hands. Until after a few months, It was shocking for me to know that my car was being transferred to the latero's (tinsmith) house without me knowing it first. They only informed me when I was asking for the development of the car. And since they got my full trust, I didn't make an isssue out of it..pinalagpas ko na lang . And as weeks passed by, i notice a very minimal improvement on my car. I asked the latero kung bakit ganon. Sa tono nya, parang naiinis din sya sa shop owner..kesyo hindi raw nabibili yung materials,kesyo hindi raw sila masyadong nagkakausap...which I can't believe because at that time I already paid 25K, that was September this year... So from there, syempre nagduda na ko but then I gave them another chance. Ithought it's too early pa to judge them. I waited for the results and of course expecting for the good one until I get tired from waiting. I told them that I'm gona pull out the car already but then again they have convinced me to let them finish the job first .I said yes again and they asked for another 10K for the paint expenses dahil pipintahan na daw after ng laterya. I gave 5K despite of the doubt that why should i keep on paying if it's not yet done already? Should it be 50% down payment upon bringing the car and the other 50% when the work is completety done?

 

And in between those events, a lot of issues were coming out,a lot of people are getting involved...I also had this issue posted in another forum and naturally the shop owners reacted,that I shouldn't have done that, that they are going to finish naman daw my car ,that even it's taking that long, they can assure me daw that their work is "maayos" at hindi daw tapal tapal lang. But after the issues and the arguments, we finally apologized to each other and continued for the car repair. Although I know na may samaan na ng loob since " I dragged their names daw to shame", I just held on to what they were claiming that they can do it better than the other shops.They even offered me that in case I will not be satisfied, i can bring my car there again.But honestly, I completely lost my trust to them and I swore that I will not gonna bring my car there again.I'm just waiting for them to finish the work.

 

By the time the paint was finished already i pulled out the car . I told them not to bother putting back some of the interior parts since i'll bring it to the other shop naman. We agreed to pay a total of 40K na lang.I brought it to another shop.They checked the car.And to our surprise..... sobrang backjob tlaga at may mga sira pa and it seems na may mga nakaligtaan pang gawin na included sa scope of job that they presented me.To think that it stayed there for 6 months. Isn't too long for a body repair and paint? I informed them about this but they're still claiming that they did a good job (maayus daw ang pagkakagawa nila), somebody from their side even accused me of ruining the name of the shop! I told them to at least take a personal look at my car. They can visit it anytime to the shop where I transferred it.But they don't have time daw. Pag-usapan na lang daw namin kung anuman yung problema or ibalik ko sa kanila,gagawin daw nila ulit... Ngayun pa??? I told them, they should see the car, all the people behind this project...from the latero, the shop owners..they all should see it personally because I have a lot of questions I want to ask about what happened and what they did to the car.The wife of the part owner, which I'm not sure if involved in the project or with their shop or just a wife,even called me and yelled at me at the phone.Although at the end of the conversation, she said they will try to visit the car last thursday... but until now, no one from them is coming to see the car,so am still waiting for their actions...

 

I posted this not to humiliate the shop owner or anything. After all, this will not happen if they just did their job truthfully from the very start pa lang.

 

In this kind situation, if you were in my shoes..what are you gonna do? Would it be just right to ask for a refund?

 

Your concerns, comments and suggetions are greatly appreciated... Thanks alot MTC...