legal Free Legal Advice

[-wet-]

Hi. Would someone with legal knowledge help, thanks. My wife has three siblings, and one sister is living with her father taking care of their 92 year old father who is not yet sickly, just old. My wife is the youngest and with the consent of her father demolished their very dilapitated house and constructed a new bungalow in the 700 square meter lot. The house is about 120 square meters in floor area and constructed in the front part of the lot. Now the only brother is running berserk saying the sister living with the father should vacate the house because he owns the property by virtue of being the sole son(is there a law in the Philippines that states that the only son should be the sole heir). The brother works in Manila but visits the father once in two years or less(Laguna). Even before the new house was constructed the brother was selling the property, luckily was not sold. The property is just documented and not yet titled under the name of the father and his deceased wife. What should my wife do so that her brother could not sell the property? Can the father make a will of testament stating that the property (house and 250 square meters lot inclusive) be awarded to the sister taking care of him and the rest(450 sq meters) be awarded to the three other siblings. My wife spent all for the construction of the house and not a single cent came from the rest of the siblings. She is not interested in any inheritance, she is just protecting that the property not be sold by the brother. Is making such a testament by a still healthy and right minded 92 year old man legal and acceptable by the law and binding with regards to the berserk brother. Thank you very much and sorry for the long story. Please help.

as long as the "father" of your wife or your father-in-law is still alive, the "brother" can't sell it and there is no law that make's the brother or any sibling the sole heir of an inherited property especially when extrajudicially settled unless there's a will that makes the brother so. it will always be or in the absence of a partition, undividedly owned. the best way is to make a donation of the whole property to the "sister". do it soon. but you need to settle also the estate of your wife's mom. i think that is also a problem. pm me if u need further help and explanation.

[johcorn5]

as long as the "father" of your wife or your father-in-law is still alive, the "brother" can't sell it and there is no law that make's the brother or any sibling the sole heir of an inherited property especially when extrajudicially settled unless there's a will that makes the brother so. it will always be or in the absence of a partition, undividedly owned. the best way is to make a donation of the whole property to the "sister". do it soon. but you need to settle also the estate of your wife's mom. i think that is also a problem. pm me if u need further help and explanation.

 

Thank you very much for the advise and offer of help. I guess we will be again seeking your help and advice in the future. More power and God Bless.

[swami]

tanung ko lang po..

scenario:

yung gf ko kaka alis lang last june 6, 2009 as immigrant..pinetetion kasi siya ng parents nya..need to stay there for 5 years i think..my question is this..what if i go to the states as a tourist and we get married immediately sa states..magiging US citizen na ba ako immediately? is it legal? para i can stay there na for good..need clarifications..thanks in advance

 

 

dude, none of the lawyers could competently answer your query, unless he or she is also an immigrant lawyer in the US. Your query will involve knowledge of US immigration law. I suggest you post in other sites regarding US immigration laws.

Good luck

[swami]

Hi,

 

Im a survivor in the MB Commando 6 ferry sinking, the provincial office of Batangas has called all those who survived in the sinking, and were confused on how are we going to handle the issue. Whats the best thing to do? get one lawyer for all of us to represent us in the case? or get different ones per group? We all have different situations since some has lost lives and some groups did not, but we all wanted to file a case because of the trauma that happened to us and also to the damages to our belongings. What are our chances too? There is evidence that they overloaded the boat, since the manifest and the rescue report shows that the boat carried more than what was allowed.

 

Thanks.

 

 

dude, getting one lawyer for all of you would be cheaper. But it's better if you individually get your own laywers. Here's why.

 

having 1 lawyer for all of you will likely confuse the said lawyer. it will take him a lot of time to present all evidence peculiar to each victim, i.e., earning capacity, funeral costs, etc. for each victim. in all likelihood, he'll miss a thing or two in handling the case for all of the victims.

 

whereas if you individually hire your own lawyers, you will have the undivided attention of your lawyer, thinking solely about your case.

[disorder1666]

Good day to all.

 

Nagpaayos po ako ng sasakyan, at first they qouted me 25k dun sa dapat ipapaayos ko lang, kaso nung mabuksan nila nagdagdag sila ng another 20k (that makes it a total of 45k) for a certain repair I didn't plan at all. I didn't have a choice since the car was being disassembled already but to go on with the repair and give the price their asking. Nadala rin ako ng mga magagandang salita nila na pulido sila magtrabaho. So tiwala talaga ako, kaya everytime their asking for a downpayment lagi akong nabibigay hanggang sa nakabayad ako ng 30k pero sobrang minimal pa ng natatapos sa kotse, umabot pa kami sa arguements, nagkasamaan ng loob. Pati pagpipintura hindi matapos tapos hanggat hindi ako nagbibigay ng additional downpayment, kaya napilitan ako magbigay ng 5k. After 6mos mula ng dinala ko dun ang aking sasakyan, tinawagan nila ako dahil ready for pickup na daw. Pinuntahan ko kaagad kaso ang dami pang hindi nakakabit sa kotse, very dissapponting talaga. The paint is such a mess, hindi pantay pantay mga body panels, marami sa scope of job nila ang hindi nagawa. Ayoko na sana bayaran yung natitirang balance na 10k but they forced me or they will not release the car, so I paid 5k and we agreed.

 

Since the car is not in a very good condition I had to ask another shop to tow it and bring to their shop and also to examine the repair done by the previous shop and to my surprise, napaka daming sira ng sasakyan na dapat ko pang ipagawa para lang magamit at mapaandar.

 

I filed a case already to DTI. There were summons for mediation and arbitration but none of those were attended by them and until now Im still waiting for their decision.

 

Got impatient with the DTI, I filed a estafa case to the procecutors office in the municipality of the shop. I was informed na admin case daw yung sa DTI at criminal case yung sa procecutors office.

 

My question is

1. May laban po kaya ako sa estafa case?

2. What are the possible juriditial remedies? What should I expect?

3. Gaano katagal inaabot ang estafa case?

4. Sa first hearing ng fiscal's office eh hindi parin talaga sila napunta, kaya ba nila paikutin ang situation kung may kilala sila kahit hindi sila napunta?

 

Please enlighten me attorney. Thank you and God Bless.

[hughbendover]

Good day to all.

 

Nagpaayos po ako ng sasakyan, at first they qouted me 25k dun sa dapat ipapaayos ko lang, kaso nung mabuksan nila nagdagdag sila ng another 20k (that makes it a total of 45k) for a certain repair I didn't plan at all. I didn't have a choice since the car was being disassembled already but to go on with the repair and give the price their asking. Nadala rin ako ng mga magagandang salita nila na pulido sila magtrabaho. So tiwala talaga ako, kaya everytime their asking for a downpayment lagi akong nabibigay hanggang sa nakabayad ako ng 30k pero sobrang minimal pa ng natatapos sa kotse, umabot pa kami sa arguements, nagkasamaan ng loob. Pati pagpipintura hindi matapos tapos hanggat hindi ako nagbibigay ng additional downpayment, kaya napilitan ako magbigay ng 5k. After 6mos mula ng dinala ko dun ang aking sasakyan, tinawagan nila ako dahil ready for pickup na daw. Pinuntahan ko kaagad kaso ang dami pang hindi nakakabit sa kotse, very dissapponting talaga. The paint is such a mess, hindi pantay pantay mga body panels, marami sa scope of job nila ang hindi nagawa. Ayoko na sana bayaran yung natitirang balance na 10k but they forced me or they will not release the car, so I paid 5k and we agreed.

 

Since the car is not in a very good condition I had to ask another shop to tow it and bring to their shop and also to examine the repair done by the previous shop and to my surprise, napaka daming sira ng sasakyan na dapat ko pang ipagawa para lang magamit at mapaandar.

 

I filed a case already to DTI. There were summons for mediation and arbitration but none of those were attended by them and until now Im still waiting for their decision.

 

Got impatient with the DTI, I filed a estafa case to the procecutors office in the municipality of the shop. I was informed na admin case daw yung sa DTI at criminal case yung sa procecutors office.

 

My question is

1. May laban po kaya ako sa estafa case?

2. What are the possible juriditial remedies? What should I expect?

3. Gaano katagal inaabot ang estafa case?

4. Sa first hearing ng fiscal's office eh hindi parin talaga sila napunta, kaya ba nila paikutin ang situation kung may kilala sila kahit hindi sila napunta?

 

Please enlighten me attorney. Thank you and God Bless.

 

In Estafa, there are two (2) essential elements that you have to prove: a.) deceit & b.) damage

 

DAMAGE is easy to prove. DECEIT, on the other hand, is not as easy. Deceit is a state of mind which is manifested through the acts of the accused. Based on the limited facts given, I find it hard to prove deceit. There was merely a non-performance of the repairman's obligation to repair your car. Your cause of action will then be a BREACH OF CONTRACT which is the proper subject of a CIVIL action and NOT a criminal action.

 

You may also want to look at Art. 1167 of the Civil Code.

 

If a person obliged to do something fails to do it, the same shall be executed at his cost.

 

This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone.

 

HOWEVER, if you can prove that the repairman had NO INTENTION in the first place to repair you car and that he accepted compensation for a service he actually did NOT DO, then that is now ESTAFA and a CRIMINAL action would be proper.

 

In the end, it all boils down to what evidence you have. It may be of help to you to know that in a CIVIL case, the quantum of proof required is only PREPONDERANCE OF EVIDENCE. While in a CRIMINAL case, it is PROOF BEYOND REASONABLE DOUBT.

 

Hope this helps bro. Good luck with your case.

[redblack]

tanung ko lang po..

scenario:

yung gf ko kaka alis lang last june 6, 2009 as immigrant..pinetetion kasi siya ng parents nya..need to stay there for 5 years i think..my question is this..what if i go to the states as a tourist and we get married immediately sa states..magiging US citizen na ba ako immediately? is it legal? para i can stay there na for good..need clarifications..thanks in advance

 

First, iba ang citizen sa immigrant...don't confuse that. Iba kasi ang status ng dalawang yon and their ability to bring in spouses or relatives to the US by way of a petition. Mas matagal yong sa immigrant na mag-petition, yong US citizen mas mabilis.

 

Second, yes, you can enter the US on a tourist visa and, yes, you can later marry your GF in the States. She can then petition you through an I-130 Petition (petition for relatives of an immigrant) and you can adjust your status there. HOWEVER, while the petition is being processed, YOU CANNOT LEGALLY WORK IN THE US, since you entered the US on a Tourist Visa. ALSO, an I-130 petition takes a considerable amount of time, around six to eight years of waiting time for the petition to be granted. During that time (6 to 8 yrs.), hindi ka pwede mag-trabaho sa US.

 

Yon ang choices na kailangan mo isipin.

 

You can, in the alternative, wait for your GF to become a US citizen, so around 2014. After she becomes a US citizen, you can then apply for a fiancee's visa (a K-1 petition) para makapunta ka don at magpakasal kayo don within 60 days from arrival there. Don ka na makakapag-adjust ng status, mas mabilis yon.

 

Pero pwede din pauwiin mo sya sandali while waiting out the five years para maging US citizen sya, pakasal kayo dito and when she becomes a US citizen petition ka nya as spouse. mabilis na din yon, months ang bibilangin basta walang impediments in your application, or health considerations (may contagious disease ka or something).

 

Your choice...

[redblack]

Oh on the first alternative mo pala, punta ka don and wait out the petition of the immigrant, makaka-trabaho ka lang pala din, if while waiting for your petition to go through, may mag-sponsor sa yo ng H1B visa (working visa), so that basically changes your entry status of tourist to working. Pero hindi ka out of status during the transition kasi nga under petition ka ng isang green card holder. MAHIRAP LANG KUMUHA NG H1B sa US ngayon, RECESSION.

 

Word of caution, though, the USCIS frowns upon ways of circumventing US immigration rules. So, wag mo ipagkalat na kaya ka kumukuha ng tourist visa is to get into the states to marry your GF.

 

On the flipside nga lang is that US immigration also frowns on marriages of convenience, yong tipong nagpakasal din to legalize their stay in the US. Yong mga kasal-kasalan lang. Hindi nyo naman siguro problem yon, kasi pag nagpakasal kayo magsasama naman siguro kayo totoo as husband-and-wife.

 

Sana natulungan kita.

[pimpkin®]

good day sirs...

what if i didnt pay the remainding dues of my smartbro? i still have 6 months of my 1 year contract...i don't want to pay them cause their service sucks!

may nakukulong ba dito? thanks...

[moed]

If they are not complying with their obligation under the subscription contract then they are in breach of the contract and you have a right to rescind it. For sure you won't end up in jail since this is just a civil matter. It would help if you are able to document your complaints even just by email so that there will be a record of your complaints. Happened to me with my globe broadband where they regularly didn't have signal and I terminated my subscription. They may try to intimidate you by saying you can't cancel, but if you have a lawyer friend who can write them, it would help a lot.

[Pain13]

Just wany to ask may nakukulong pa ba sa BP22??

[powerpuffgirls]

mga tanong ko po hope masagot ng mga de camapanilla natin jan hehehheh.....

 

1. Hello guys, ask ko lang po pano po meron po akong namana from my parents while i am still single. pano if nag asawa na po ako, still EXCLUSIVE PROPERTY ko pa din yun or meron ng kahati yung asawa ko ha? naku, if ever naging conjugal na yun pag nag asawa kami then kahati na sya sa minana ko. hanep naman sya kung ganun, walang kapagod pagod..

 

2. eto pa, our neighbor , na sobrang -ubod ng damot to the max grrrrr..... meron kc silang atis dito tanim nila sa lupa nila. eh ang problem ko po yung mga bunga po nakausli po sa lupa namin. tanong : pwede ko po bang pitasin asap yung mga prutas since na-ungos naman po sa bakuran namin without asking permisssion sa kapitabahay namin? di ba ho consider na pag nanakawa yun?

 

3. eto pa ho ,hihirit pa ho ako, yung classmate ko ho, meron pong problem, wala naman pong trabaho yung ex-husband nya.meron po silang 3 kids.di naman po kayang gastusan po ng classmates ko ang gastusin nila.nabalitaan nya po na may ibang babae na daw yung ex-hubby nya. tanong: pano nya ma-force yung ex-hubby ng sustento sa kanilang mag-iina?

 

HOPE matulungan nyo po ako dito sa mga tanong ko . maraming maraming salamat po...

[powerpuffgirls]

Just wany to ask may nakukulong pa ba sa BP22??

 

from what i know meron pa .. pero dadaan pa sa maraming proseso yan at sobrang gastos. mas maigi mag usap-usap nalang concerned parties pano ang bayaran..

[swami]

1. Hello guys, ask ko lang po pano po meron po akong namana from my parents while i am still single. pano if nag asawa na po ako, still EXCLUSIVE PROPERTY ko pa din yun or meron ng kahati yung asawa ko ha? naku, if ever naging conjugal na yun pag nag asawa kami then kahati na sya sa minana ko. hanep naman sya kung ganun, walang kapagod pagod..

 

2. eto pa, our neighbor , na sobrang -ubod ng damot to the max grrrrr..... meron kc silang atis dito tanim nila sa lupa nila. eh ang problem ko po yung mga bunga po nakausli po sa lupa namin. tanong : pwede ko po bang pitasin asap yung mga prutas since na-ungos naman po sa bakuran namin without asking permisssion sa kapitabahay namin? di ba ho consider na pag nanakawa yun?

 

3. eto pa ho ,hihirit pa ho ako, yung classmate ko ho, meron pong problem, wala naman pong trabaho yung ex-husband nya.meron po silang 3 kids.di naman po kayang gastusan po ng classmates ko ang gastusin nila.nabalitaan nya po na may ibang babae na daw yung ex-hubby nya. tanong: pano nya ma-force yung ex-hubby ng sustento sa kanilang mag-iina?

 

HOPE matulungan nyo po ako dito sa mga tanong ko . maraming maraming salamat po...

 

1. The properties you inherited from your parents while you were still single already belong to you. You are already the owner of these properties. Therefore, all your properties will automatically form part of the absolutely community of property, should you subsequently marry.

 

However, if you inherit the properties AFTER you got married, the properties would remain your SEPARATE PROPERTIES, and would not be included in the absolute community.

 

2. I may be wrong on this, but i think the owner of adjoining lot may cut all the branches protruding into his property. There's a particular provision in Civil Code (property) for this. You may just want to check it out.

 

3. Your friend may file a criminal complaint for violence against women (financial violence). That's the innovation introduced by the new law: abandoned wives may file a criminal complaint against their philandering husband for support of their children.

[powerpuffgirls]

2. I may be wrong on this, but i think the owner of adjoining lot may cut all the branches protruding into his property. There's a particular provision in Civil Code (property) for this. You may just want to check it out.

 

3. Your friend may file a criminal complaint for violence against women (financial violence). That's the innovation introduced by the new law: abandoned wives may file a criminal complaint against their philandering husband for support of their children.

 

hello, thanks for replying on my queries,sir.

 

May i ask what Civil Code (property), in particular? Regarding po sa question 3 po is this the RA 9262 po, yan po ba dapat ikakaso sa asawa nya? thanks again...