legal Free Legal Advice

[jackbrng]

ilapit mo ito sa DTI dahil sakop ito ng Consumer Act of the Philippines. Sila ang magaasikaso ng kaso mo. May i-a-assign sa inyong arbitrator na mag-mediate sa inyo nung may-ari ng shop. Kung hindi kayo magkakasundo, sisimulan ng arbitrator ang imbestigasyon at pag-decide ng kaso. Kung mapatunayang nagkamali ang may-ari ng shop, maaring syang magmulta o maibalik yung perang binayad mo depende sa desisyon ng arbitrator. Dapat hindi mo muna ipagalaw yung sasakyan mo para makita ng arbitrator yung depekto ng trabaho ng nasabing shop.

[muffin]

Guys I need a lawyer to fix separation papers including settlement of debts... pls PM me...

[disorder1666]

ilapit mo ito sa DTI dahil sakop ito ng Consumer Act of the Philippines. Sila ang magaasikaso ng kaso mo. May i-a-assign sa inyong arbitrator na mag-mediate sa inyo nung may-ari ng shop. Kung hindi kayo magkakasundo, sisimulan ng arbitrator ang imbestigasyon at pag-decide ng kaso. Kung mapatunayang nagkamali ang may-ari ng shop, maaring syang magmulta o maibalik yung perang binayad mo depende sa desisyon ng arbitrator. Dapat hindi mo muna ipagalaw yung sasakyan mo para makita ng arbitrator yung depekto ng trabaho ng nasabing shop.

 

Thanks for the advice bro... So far andun parin sa pinag trasferan ko yung oto... Nakapag file narin ako sa baranggay... Since matagal umaction eh nag send narin ako ng letter of complaint sa website ng DTi... I just hope may mangyari talaga...

[MNdMud4s3x]

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.

 

i think u should go to HLURB

Edited November 18, 2008 by MNdMud4s3x

[Arneeious]

i think u should go to HLURB

 

Thanks for the tip. The other residents are threatening to stop paying their dues if the officers push through with their plan. Hopefully this will be enough to end the situation.

[teban]

Guys i was just wondering. I booked a flight with Cebu pacific and decided to cancel it. However as most of the people know cebu pacific is really problematic when it comes to refunds they claim that the customers should have known that refund would take atleast 2 months till 6 months when paid for in credit card. Now what I am wondering is this, they have the perfect right to do such thing if they had it in writing (in their agreement acceptance) but when i checked it there aren't pertinent info about it! (http://www.cebupacificair.com/terms&conditions.html)

Now I am wondering does anyone have the same problem with me and is there anything we can do to make this stupid practice stop. I can grow my money for a bit in half a year and consider the number of people who are asking for refunds then they are already holding a lot of payables in their hand

[Arneeious]

Guys i was just wondering. I booked a flight with Cebu pacific and decided to cancel it. However as most of the people know cebu pacific is really problematic when it comes to refunds they claim that the customers should have known that refund would take atleast 2 months till 6 months when paid for in credit card. Now what I am wondering is this, they have the perfect right to do such thing if they had it in writing (in their agreement acceptance) but when i checked it there aren't pertinent info about it! (http://www.cebupacificair.com/terms&conditions.html)

Now I am wondering does anyone have the same problem with me and is there anything we can do to make this stupid practice stop. I can grow my money for a bit in half a year and consider the number of people who are asking for refunds then they are already holding a lot of payables in their hand

 

It's always irritating when companies are very slow in reimbursing/returning a customer's money but are so damn quick in accepting them. Since there is nothing specific written in the agreement about when the refund should be made then Cebu Pacific regrettably has a lot of room (or time) to work with. As customers, we can complaint to the management, write to the newspapers, or even avoid flying with the airline.

[Pidr0]

gentle people, may i seek your wisdom in this scenario:

 

my friend got pregnant nang walang kasal, and then gave birth (partner is out of country at time of birth). lady friend, forged signature of partner, para di lumabas na illegitimate ang bata... further, partner has shown signs that he is not interested in marrying the lady anymore, thus di pwede ipalegitmate ang baby in the future.

 

am no authority whatsoever sa ganitong situation, but i am sure what she did (although in good faith) will bring more problems. could you please provide some insights on this? and possible remedy.

 

nagtry ako mag backread, baka may previous case na ganito, para di ko na kayo maistorbo. but halo-halo na ang thread. baka masabi ko sa friend ko, eh ireformat nya na lang ang hard drive at magreinstall nang vista. hehehehe..

 

PUGAY!

[azayco]

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.

 

If your association has by-laws or rules and regulations, check for the grounds by which you and the other residents can remove the President. If there are grounds to remove him, then you can initiate this so that he won't be able to appoint the person as a security guard or if the appointment has already been made, rescind or cancel the same (although this may have other unintended consequences).

 

I am not sure if the HLURB has jurisdiction considering that the association, as you said, is not registered with the SEC. One of the requirements for HLURB registration is the SEC charter documents of the association. Nevertheless, the HLURB can provide you with sound advice regarding this matter.

[azayco]

Guys i was just wondering. I booked a flight with Cebu pacific and decided to cancel it. However as most of the people know cebu pacific is really problematic when it comes to refunds they claim that the customers should have known that refund would take atleast 2 months till 6 months when paid for in credit card. Now what I am wondering is this, they have the perfect right to do such thing if they had it in writing (in their agreement acceptance) but when i checked it there aren't pertinent info about it! (http://www.cebupacificair.com/terms&conditions.html)

Now I am wondering does anyone have the same problem with me and is there anything we can do to make this stupid practice stop. I can grow my money for a bit in half a year and consider the number of people who are asking for refunds then they are already holding a lot of payables in their hand

 

There are three contracts involved here. One is between you and the credit card company for the payment of the plane fare. The second is the contract between you and Cebu Pacific for Cebu Pacific to bring you to your destination of choice. The third is the contract between Cebu Pacific and the credit card company for the use of the facility of the credit card company for plane fare purchases.

 

Now, the refund will be dependent on how fast Cebu Pacific will reflect the cancellation on its books. Once reflected, the credit card company can reverse the charges on your statement. Maybe it will help if you ask assistance from your credit card company regarding this cancellation. It can probably expedite the refund procedure.

[pol22366]

gentle people, may i seek your wisdom in this scenario:

 

my friend got pregnant nang walang kasal, and then gave birth (partner is out of country at time of birth). lady friend, forged signature of partner, para di lumabas na illegitimate ang bata... further, partner has shown signs that he is not interested in marrying the lady anymore, thus di pwede ipalegitmate ang baby in the future.

 

am no authority whatsoever sa ganitong situation, but i am sure what she did (although in good faith) will bring more problems. could you please provide some insights on this? and possible remedy.

 

nagtry ako mag backread, baka may previous case na ganito, para di ko na kayo maistorbo. but halo-halo na ang thread. baka masabi ko sa friend ko, eh ireformat nya na lang ang hard drive at magreinstall nang vista. hehehehe..

 

PUGAY!

 

The signature of the father in the birth certificate does not make the child legitimate, it is the indication of a marriage date of the mother and father. So what should be removed here is the date of marriage, not the father's signature.

 

If the mother indeed forged the birth certificate, the father can only remove the date of marriage through a court proceeding. A petition to amend entry in the certificate of birth of the child.

Edited November 24, 2008 by pol22366

[play_boi]

goodevening magtatanung lang ako regarding the case of my cousin. nasa ibang bansa sya ngyun nakatira.. meron syang bahay at lupa sa bulacan na may naka tirang kapatid at mga pamankin. 1 year na sya sa ibang bansa at wala sya kaalamalam na yun lot na isinangla ng isa sa mga kapatid nya!pinag ka tiwalaan nya ito na pahawakin ng titulo at ayun nga po naisanla! nag pretend ang kapatid nya na sya iyon na forge ang pirma nya at ngyun po eh mahahatak na ng banko! ano po ba ang pwede nya gawin sa case na ito? TIA

[Pidr0]

The signature of the father in the birth certificate does not make the child legitimate, it is the indication of a marriage date of the mother and father. So what should be removed here is the date of marriage, not the father's signature.

 

If the mother indeed forged the birth certificate, the father can only remove the date of marriage through a court proceeding. A petition to amend entry in the certificate of birth of the child.

 

 

First, my thanks for the reply, appreciate it.

 

If the only course to set things straight is to "file a petition to amend entry". Is it necessay na mother ang mag file? Kasi mother is out of country as of writing, pede ba mag execute sya SPA for the lola of baby? Pasencia na sa istorbo...

 

Thanks and pugay!

[mlpf]

To all the lawyers in this thread, my question is what's the recourse of a legal wife in the case where his husband has changed his religion allowing him to marry or take another wife. Is there any criminal or civil liabilities (under Philippine Laws) for this action of the husband and what are the legal rights of the original wife. Is it true that they can not be charged (the husband) for begamy?

 

Another question; if a couple is married without the consent of the parents (both parties) and they are also underage at the time of the marriage, is the married valid? The age in the marriage application was forged to make it appear that both parties are in legal age and parents was represented by somebody not relative to the parties. Is there a way to nullify this marriage even the couple had live together reaching the legal age and later found out not compatible with each other?

 

1st question: The Code of Muslim personal laws enocurages monogamy. However, it allows a muslim male to have as many as 4 wives provided that he is able to support all of his wives and children. A man who marries under muslim laws (PD 1083) cannot being charged with the crime of Bigamy (Section 180, PD 1083). When the man converts and then takes another wife, the 1st wife can sue for Bigamy, support and Violation of Republic Act No. 9262 if the husband neglects to support her and the children and spend time with them. It can then be argued that the husband was not sincere in his conversion and the same was done as a convenient subterfuge.

 

2nd question: If both the man and the woman were below 18 years old at the time of the marriage, the marriage is void from the very beginning. Either spouse or their parents can have the marriage nullified. They can file a Petition for Declaration of Nullity of Marriage.

[mlpf]

1st question: The Code of Muslim personal laws enocurages monogamy. However, it allows a muslim male to have as many as 4 wives provided that he is able to support all of his wives and children. A man who marries under muslim laws (PD 1083) cannot being charged with the crime of Bigamy (Section 180, PD 1083). When the man converts and then takes another wife, the 1st wife can sue for Bigamy, support and Violation of Republic Act No. 9262 if the husband neglects to support her and the children and spend time with them. It can then be argued that the husband was not sincere in his conversion and the same was done as a convenient subterfuge.

 

2nd question: If both the man and the woman were below 18 years old at the time of the marriage, the marriage is void from the very beginning. Either spouse or their parents can have the marriage nullified. They can file a Petition for Declaration of Nullity of Marriage.

 

Thanks for the answer Bro. I've known some individuals who converted to another religion just to marry another girl and claim that this is the only way to evade bigamy that maybe charge by their original wife. What if all the support for the children had not change except for having a second wife, can the original wife still charge his husband of bigamy? what will be the participation of the 2nd wife, can she also be charge in this case? Thanks.

 

If the man contracts a 2nd marriage and follows all of the requirements of the muslim religion, he cannot be prosecuted for Bigamy so long as he supports his other wife and children. If the original wife can prove that her husband was not sincere in his conversion, then she can charge both the husband and the 2nd wife (if she knows of the 1st marriage) with Bigamy.