legal Free Legal Advice

[b_9904]

hmmm...i think the closest to the anti-stalking and harassment laws in the States here in the Phils. is RA 9262 which gives women and their children protection from harassment by way of a Protection Order. Considering that your bayaw is a male, he is obviously not qualified for the same. However, he has several options available for him:

 

1. he can file a criminal complaint for grave threats and/or unjust vexation if he can identify the person calling him and making such threats;

2. he can ask for a restraining order to prevent said person from going near him and enjoin him from making such threats;

 

You could cite Art. 19, 20, and 21 para mahabol mo siya for damages (ei: mental anguish, sleepless nights, etc) na pwedeng ma-suffer ng brother in law mo in case hindi mo siya mahabol sa criminal case.

 

Note: I only cited the general provisions, baka may specific provisions pa sa Civil Code.

Edited April 25, 2009 by b_9904

[rockybrawler]

I need badly a legal advice on our family problem. Here is the situation:

 

(1) My parents are legally separated. Annulled po ang kasal ng aming ama't ina. Dalawa po kaming magkakapatid, at kami po ay pinalaki ng aming ina at ng kanyang kinakasama, na siya naman pong aming kinilalang ama, at meron kaming dalawang kapatid sa ina.

 

(2) Pagkatapos po ng annullment, ang aming ama naman po ay nag-asawa at nagkaroon ng anak din po sa kanyang pangalawang asawa at may mga anak po sila.

 

Ang tanong ko po meron po ba kami ng aking kapatid na mamanahin sa aming ama? Kasi po mayaman ang pamilya ng aming ama at pinamanahan siya po ng aming lolo't lola ng mga lupain at iba't ibang ari-arian.

 

Ang sa akin po sana ay huwag na pong maghabol pero naaawa po ako sa aking nakakabantang kapatid dahil may kapansanan, at ang masakit po nito ay mula pong nagkahiwalay ang aming magulang ay wala po akong alam na kami'y sinuportahan ng aming ama. At hindi ko po alam kung nakasulat sa desisyon ng annulment na ang aming ama ay kailangang magbigay ng sustento.

 

Please help me, and I need legal advice on this. At saka po pala, magkano naman po ang magagastos po namin kung sakaling pwede po kaming maghabol.

 

Maraming salamat po.

 

Nakakalito ang kwento mo dahil sabi mo sa una ang magulang mo ay "legally separated" pagkatapos, sabi mo naman "annulled" ang kasal nila. Magkaiba ang "legal separation" sa "annulment." Sa "legal separation" mabisa pa rin ang kasal ng mag-asawa, yun nga lang pwede na silang mabuhay ng magkahiwalay (ibig sabihin kasal pa rin sila sa isa't-isa). Ang "annulment" naman pinapawalang-bisa ang kasal nila.

 

Pero dahil sabi mo na nagpakasal ulit ang iyong ama, aking ipagpapalagay na "annulment" ang nangyari sa kanila.

 

Kahit annulled na ang kasal ng inyong mga magulang, ama niyo pa rin siya kaya kayo ay kanya pa ring tagapagmana. Yun nga lang, dahil lumalabas na kayo ay mga anak sa labas (dahil hindi kasal ang magulang ninyo [napawalang-bisa ang kasal nila di ba]) kung ano ang matatanggap ng kanyang mga anak sa pangalawang asawa, kalahati lang nun ang matatanggap ninyo (doble ang matatanggap na halaga ng kanyang mga tunay na anak, 2 is to 1 baga).May karapatan din kayong humingi ng suporta sa inyong ama, kahit kayo ay mga anak sa labas.

 

Kausapin niyo ang inyong ama tungkol sa sustento, baka sakali na siya ay pumayag, wala na kayong gagastusin.

 

Sa gastusin, ang malaking gastos talaga dito ay ang bayad sa abugado sakaling mapilitan kayong maghabla dahil ayaw kayong bigyan ng suporta ng inyong ama. Depende ito sa abugado, kaya di natin masabi kung magkano talaga.

 

Sorry to contradict you Sir but children from an ANNULLED MARRIAGE are still considered LEGITIMATE in status. I'm talking from experience.

[jamesyap18]

Sorry to contradict you Sir but children from an ANNULLED MARRIAGE are still considered LEGITIMATE in status. I'm talking from experience.

 

 

yup i think tama ka nga. though i am not a lawyer pero i know they are still legitimate childrens..

[bench]

Hi, Tanong lang po

 

I have a friend who made a personal loan sa isang bank sa UAE pagkatapos umuwi sa Pinas. Mahahabol ba sya ng bank or worse can he be arrested without final notice of collection?

[joshiasi]

Hi can anyone help me out with my fiance's problem?? My fiance just moved to a new place which is a room for rent. My fiance said that they had verbally agreed for a 6 month stay and after spending money on moving and transferring her internet, she was told that she has to go in a month. She just completed her 1st month and have paid all her dues. She was informed that she needs to go by June 1 so in all sense she just wasted money to stay in a place for just 2 months and have to find another to move. There was no contract but there was a verbal agreement that it would be a 6 months at the very least. Is there like a way for her to get compensated as she was asked to leave just a month from staying? Its so upsetting that she wasted money just to move stuff for just 2 months and have to leave again and do it all over.

[Roubaix]

Hi can anyone help me out with my fiance's problem?? My fiance just moved to a new place which is a room for rent. My fiance said that they had verbally agreed for a 6 month stay and after spending money on moving and transferring her internet, she was told that she has to go in a month. She just completed her 1st month and have paid all her dues. She was informed that she needs to go by June 1 so in all sense she just wasted money to stay in a place for just 2 months and have to find another to move. There was no contract but there was a verbal agreement that it would be a 6 months at the very least. Is there like a way for her to get compensated as she was asked to leave just a month from staying? Its so upsetting that she wasted money just to move stuff for just 2 months and have to leave again and do it all over.

 

Is this in the U.S. or in the Philippines? I can't answer about U.S. tenancy laws.

 

In the Phils, a verbal agreement should be enough but it's not solid. That is that why she is being kicked out because may have found a use for it or found a leasee willing to pay more.

 

She can be compensated for the expenses for moving out because the lessor didn't give the full term of the lease. But this has to go to court to prosper. It's best for her to get a lawyer to make a demand letter. Negotiations can start from there.

[joshiasi]

Is this in the U.S. or in the Philippines? I can't answer about U.S. tenancy laws.

 

In the Phils, a verbal agreement should be enough but it's not solid. That is that why she is being kicked out because may have found a use for it or found a leasee willing to pay more.

 

She can be compensated for the expenses for moving out because the lessor didn't give the full term of the lease. But this has to go to court to prosper. It's best for her to get a lawyer to make a demand letter. Negotiations can start from there.

 

Thanks for the reply. And yes this is in the Philippines.

[pERVYsAGE]

Good Afternoon Sirs/Ma'm

 

Last week ay nag away kami ng boss ko resulting to quitting my job. Isa ko sa mga my share sa company at di ko na nga hinihingi ang share ko kasi palubog na kami because of the economic crisis. Humingi na lang ako ng 2 mos. salary na pumayag naman sya. I know na my pera pa ang company. Ngayon ng maniningil na ako , binawasan nya ng 1/4 yung hinihingi ko at ngbigay ng 3 post dated checks at interval ay every 15 days. Ayokong pumayag at pinanghahawakan ko lang ay nakapirma ko sa SEC as one of the owner. Small company lang ito at bata pa, mg 2 yrs pa lang. Wala akong pinanghahawakan na my share ako sa company dahil tong alleged boss ko ay parang kaibigan dati kaya usap kaibigan ang pag hire sakin. Wala din akong investment dito dahil yung share ko ay kasama sa package sa pag hire sakin.

 

Tanong ko po ay my habol ba ako sa share ko kasi wala naman document akong pinanghahawakan kundi yung sa SEC lang? At alam kong importante yun dahil kapag binigay na sakin sana yung perang pinagkasunduan eh, pipirma ko ng parang I'm denouncing my rights sa company. Kanino ako pwede magsampa ng reklamo kung sakali?

[Butsoy]

one thing more... let the lessor file an ejectment case against your fiancee. that way she can stay even longer than six months just deposit with the court the monthly rentals if in case the lessor refuses to accept her payment

 

Butsoy

 

 

 

 

 

Thanks for the reply. And yes this is in the Philippines.

[jokski]

Here in our company, supervisors and managers (i'm not sure with high ranking officers) don't get double pay kahit pumapasok/required pumasok during holidays wherein regular employees get payed double.. Tama po ba ito? Aren't we supposed to get extra leave credits if we go to work on an official holiday if we didn't get the double pay?

 

Any inputs guys?

 

TIA.

[Guest djunya2006]

if i may ask a question to the legal eagle of the thread, my gf has been seperated from her husband for the past 17 years. now she wants to purchase property but has the fear that her estranged husband who has taken residence with another woman and who has two children with her might have the right to the property that she wants to purchase.

how can she be assured that he would not be able to claim this as joint property? (i hope the term is correct)

is getting an annulment the only answer?

what is the usual cost for this, she is a single parent who struggled to put her children through school without the benefit of any support.

she has been told that it would cost her php. 150,000 for an annullment and that this was a fixed price, she was told that this would be filed in the province.

 

Please advise, thanks in advance for your time.

[bigalow04]

sirs ask ko lng if legal mgwork ng 2 jobs d2 s pinas? i mean kung sa isa full time then ung isa part time. balak ko kc mgpart time job as a barista to invest more..

[jopok]

i need an opinion,,may car is insured sa isang company,,minsan pag gising ko,nakita ko na may gasgas paikot ung sasakyan,,so di ko nakita kung sino gumawa since street parking sya,ang damage is from the driver side going to the passenger,paikot ng trunk,hanggang sa front passenger side,,may roon na din minor scratches ang sasakyan ko,,prior to the incident i mentioned,,now nag claim ako,,ang participation fee ko ay 2k..ang ginawa ng insurance,pinagbabayad ako ng 6k,,kasi daw,malaki ung extent ng damage at iniapply nila or considered as 3 job ung,,ang question ko ganito,tama ba ang insurance?di naman kasi stipulated anywhere sa policy na ganun gagawin nila,,ano pwede ko gawin?

[jopok]

in addition pala,,sa casa ko pinagawa at 1 time ko lang sya pinagawa,,so meaning 1 job order lang yun,,

[redblack]

if i may ask a question to the legal eagle of the thread, my gf has been seperated from her husband for the past 17 years. now she wants to purchase property but has the fear that her estranged husband who has taken residence with another woman and who has two children with her might have the right to the property that she wants to purchase.

how can she be assured that he would not be able to claim this as joint property? (i hope the term is correct)

is getting an annulment the only answer?

what is the usual cost for this, she is a single parent who struggled to put her children through school without the benefit of any support.

she has been told that it would cost her php. 150,000 for an annullment and that this was a fixed price, she was told that this would be filed in the province.

 

Please advise, thanks in advance for your time.

 

Ok to simplify the reply, magpa-annul na lang sya...it will solve a lot of problems.

 

one, her property relationship with her husband would be clearer, kasi i-liliquidate yon.

 

two, legal na pagiging BF-GF nyo.

 

as for the supposed cost for the annulment, well . . . not a matter to be discussed in a public forum.