legal Free Legal Advice

[rocco69]

ang problema kasi dyan, dahil naka-file na sa korte, yung judge talaga ang magdedesisyon diyan kung ididismos yan o hindi. ifollow-up na lang niya sa PAO at baka sakali na madismis na yan sa sunod na hearing. kulitan na lang yan sa PAO

 

parang ganun nga ang ngyari sir... pero ung affidavit of desistance ay ginawa at sinumpa sa isa sa mga fiscal doon and nka file sa office nila, kasi during that time naka leave ung fiscal na may hawak ng kaso... pgkatapos nun ay pinatawag pa nung fiscal incharge ung complainant para makita nya personally with proper identification para matapos na nga daw at aaktuhan na idismis pag nakita ung complainant personally.. nung mgpunta doon ang complainant ay ng iba ang ihip ng hangin at inadvice pa ng fiscal ang complainant na ituloy ang kaso... pero ayaw na ng complainant and sa huling balita namin ay nasa abroad na daw cya ngayon so there is no way na makakaharap pa siya sa judge.. and parang ginagawan nlang ng paraan para tumagal kasi ang sabi ng judge noong unang hearing, kung hindi aattend ang complainant sa 3 consecutive hearing ay dismiss na ang kaso... naka 5 na hearing na and may naka set pa na isa next month... hindi naman makausap ng maayos ung public attorney laging sinasabi ay last na hearing na.. pero laging may kasunod pa.... kailangan na bang kumuha ng private lawyer sir? o hintayin pa ung last na hearing kung meron pa...

[rocco69]

1. tama b yung inadvice ko sa kanya o talagang makukulong o may case/s talaga na maifa-file against sa kanya?

 

tama yung advice mo.

 

2. tama b na all he has to pay is the remaining amount nong loan nya, and disregard na yung mga pinagsasabi nong nasa letter na pinapadala sa kanya?

 

not really. sigurado kasi na may provision dun sa bank loan providing for interest and penalty charges. dahil nagtagal na na hindi siya nagbabayad, sigurado na lumobo na yung utang niya. in other words, di na lang 50k yung utang niya, mas malaki na yun ngayon. pero, dahil ipinasa na sa collection agency yang utang na yan, ibig sabihin considered as "bad debt" na yan (bad debt - utang na mas malamang sa hindi ay di na mababayaran) ng bangko, kaya may posibilidad na mai-negotiate niya to a lower amount yung pagkakautang niya (mas mabuti na may makolekta sila kesa naman wala). he should try talking to the collection agency to negotiate a lower amount than the 195k they are demanding. remember - ang utang ay dapat bayaran.

 

 

mga sirs, gud day.

 

my story is this, a colleague of mine had a bank loan amounting to P75k about 4 years ago. monthly payment is made through our salary deduction since parang nakatie-up yung bank with our company. then nag-resign cya leaving about P50k don sa utang nya. now he is telling us palagi na lang daw cya nakaka-receive ng letters from law firms demanding him to pay P195k (!) or else civil and criminal cases will be filed against him.

 

the last straw was last week when he received a text message, telling him to proceed to this or that court, and that he will be accompaniied by this and that PO1 or PO2 para ma-file ang case nya.

 

my advise to him was that treat the whole text message as a big BS, since wala naman talagang nakukulong sa pagkakautang. all he has to do is find way to pay or negotiate with that bank para mababayaran nya in full yung P50k na utang nya since may monthly income na namn cya ngaun.

 

questions ko therefore:

1. tama b yung inadvice ko sa kanya o talagang makukulong o may case/s talaga na maifa-file against sa kanya?

 

2. tama b na all he has to pay is the remaining amount nong loan nya, and disregard na yung mga pinagsasabi nong nasa letter na pinapadala sa kanya?

 

maraming salamat po at sana ay may sasagot sa mga katanungan ko.

Edited January 30, 2010 by rocco69

[mastertorero]

big thanks, rocco69.

[vitocarreon]

okay sir... maraming salamat...

[disorder1666]

Motion for Execution

 

Dear Atty.

 

Nagkaroon na ng decision ang DTI Legal affairs... Sabi nila sa akin na magbigay daw ako ng letter ng Motion for execution para maipasa na daw sa sherif yung kasong consumer act of the Philippines...

 

Ano ba ang dapat ilagay sa letter or format para dito... It's been 2 years na rin kasi and until now eh puro letter lang ang dumating at hindi naman pinapansin ng respondents (delaying tactics)...

 

Please let me know your help is greatly appreciated.

 

Thank you and best regards.

[zaguuu]

MGA KAPATID KONG ABOGADO DITO SA MTC.

 

Baka po pwedeng masagot ang taong ko Aside from RA4136 which says na sa HIGHWAYS and PUBLIC roads lang pwede manghuli ang mga PNP TMG meron pa bang ibang batas na pwede akong makuha na hindi sila pwedeng manghuli sa loob ng mga subdivisions.

[chloe16]

my brother offers for sale a certain vehicle, a maroon Toyota Camry to his friend, who in turn accepts the offer for a certain price. Upon the acceptance of the offer, my brother will deliver the vehicle one week from today. However, at the time of the offer, my brother was not the owner of the vehicle and his friend had no knowledge of this. Should he (my brother) be the owner of the vehicle at the time the offer was made? thanks!

[canonnite]

I would like to thank the "Legal Minds" of MTC for doing a great job.

You're helping a lot of people with this thread.

 

Dear Sirs/Madams:

I am an OFW, in the Middle East. The recession affected our company, and my manager hinted to me

that I will be one of those to be sent home. I did not wait for them to fire me. I bought a plane ticket and

flew home.

 

The question is: I left an unpaid loan from a bank and 2 unpaid credit cards, can they sue and ran after me

here in our country?

If ever a civil case is filed against me, (I heard civil cases are filed against those who ran away from

credit cards and debts) will it be reflected on my record in NBI?

And as a consequence will not be issued a clearance?

Because I'm looking for a local job right now, and in need of an NBI clearance.

 

Thanks in advance for the reply

[rocco69]

The bank can file a civil case here in the Phils. to collect your unpaid debts (although I doubt it, given the uncertainty of collecting on the same - they have to be sure you have properties here in the Phils.).

 

However, civil cases are not reported to the NBI, hence it will not be reflected on your NBI clearance.

 

I would like to thank the "Legal Minds" of MTC for doing a great job.

You're helping a lot of people with this thread.

 

Dear Sirs/Madams:

I am an OFW, in the Middle East. The recession affected our company, and my manager hinted to me

that I will be one of those to be sent home. I did not wait for them to fire me. I bought a plane ticket and

flew home.

 

The question is: I left an unpaid loan from a bank and 2 unpaid credit cards, can they sue and ran after me

here in our country?

If ever a civil case is filed against me, (I heard civil cases are filed against those who ran away from

credit cards and debts) will it be reflected on my record in NBI?

And as a consequence will not be issued a clearance?

Because I'm looking for a local job right now, and in need of an NBI clearance.

 

Thanks in advance for the reply

[lomex32]

Can anyone decline a summon by the Barangay? Consequences?

[rocco69]

LOCAL GOVERNMENT CODE

 

SEC. 515. Refusal or Failure of Any Party or Witness to Appear before the Lupon or Pangkat. - Refusal or willful failure of any party or witness to appear before the lupon or pangkat in compliance with a summons issued pursuant to the provisions on theKatarungang Pambarangay under Chapter 7, Title One of Book III of this Code may be punished by the city or municipal court as for indirect contempt of court upon application filed therewith by the lupon chairman, the pangkat chairman, or by any of the contending parties. Such refusal or willful failure to appear shall be reflected in the records of the lupon secretary or in the minutes of the pangkat secretary and shall bar the complainant who fails to appear, from seeking judicial recourse for the same cause of action, and the respondent who refuses to appear, from filing any counterclaim arising out of, or necessarily connected with the complaint. A pangkat member who serves as such shall be entitled to an honorarium, the amount of which is to be determined by the sanggunian concerned, subject to the provisions in this Code cited above.

 

Can anyone decline a summon by the Barangay? Consequences?

[daredevil2k7]

A friend of mine has a problem.

 

He used someone webcam site and used 70 or 80 dollars credit but he didn't used the card directly but credited to the owner's credit card. It happened more than 2 years ago. And he is anxious if the owner had filed a case against him or not because when he log in once again in the said account it said that it was under investigation for possible fraud.

 

He didn't used his computer when he bought a credit in the account and used it but when he got home he log in using his computer at home and he was afraid that the site has log his IP and used it as an evidence against him.

 

Here are his following question.

 

1. What are the cases the will filed against him?

2. Since it was 2 years ago is it possible it is still pending that's why he didn't any receive any subpoena or warrant?

3. If he was sued for this, where will the case will be filed? In the Philippines? |In the municipal that he is residing? or in the country where the owner of the account?

4. If case is filed against him the complainant needs to attend the hearing right and participate in the process or the NBI will handle the case because the complainant is not a residence of our country.

5. A friend of ours told us that he can't be sued unless he was caught in the act doing it? Is that true?

6. Actually we really don't know what are the process if a case was filed against him. Will he get arrested even though he never got any subpoena or any notice that he has a case or something. Can you give us a background what will be the process.

7. He became anxious when he went to the NBI to get a clearance and found out that they told him that he has a case but not Internet Fraud but other case. Same name, surname and middle initial but the middle name is unsure so they gave him a clearance anyway after signing an affidavit of denial. His question is is it possible that the court has switch the case instead of a case of Internet Fraud they switch it from other guy that's why he didn't receive any notice at all?

 

 

Thanks in advance for the answer. :goatee:

[bryanfury]

Good day sir/s, firstly i commend all those who are helping us in our legal problems. you're help is certainly appreciated.

 

Sir/s just want to consult a little problem in our apartment.

 

my dad's apartment where we live right now was loaned from nha, the construction of the structure itself, the land is ours. but after a family financial

crisis we haven't paid it for a while. so the nha filed it in court, it's now in the court of appeals. Although we are willing to pay naman, mag rerequest na lang kami for re-structure ng loan.

I just want to ask what are our rights now that there is a case?

Unfortunately, yung mga nagrerent dati hindi na nagbabayad since nalaman nila na may court case. Siguro more than a year na.

Can we still ask for their rent since ala pa decision yung court so technically sa min pa din yun di po ba?

 

Thank you, thank you in advance. Will highly appreciate any opinion.

[Pinoymale]

Hi there,

 

With regards to your tenants, the court case has nothing to do with your lease contract so they are still required to pay the rent. Your lease contract remains valid, hence, their obligation to pay the rent also remains valid and binding.

 

Good day sir/s, firstly i commend all those who are helping us in our legal problems. you're help is certainly appreciated.

 

Sir/s just want to consult a little problem in our apartment.

 

my dad's apartment where we live right now was loaned from nha, the construction of the structure itself, the land is ours. but after a family financial

crisis we haven't paid it for a while. so the nha filed it in court, it's now in the court of appeals. Although we are willing to pay naman, mag rerequest na lang kami for re-structure ng loan.

I just want to ask what are our rights now that there is a case?

Unfortunately, yung mga nagrerent dati hindi na nagbabayad since nalaman nila na may court case. Siguro more than a year na.

Can we still ask for their rent since ala pa decision yung court so technically sa min pa din yun di po ba?

 

Thank you, thank you in advance. Will highly appreciate any opinion.

[daredevil2k7]

If someone filed a case against you how many days will you receive the subpoena after he filed the case? Paano kung walang tao sa house ninyo yun kapitbahay ba ninyo sasabihan nila na may dumating na subpoena sa iyo pero hindi mo ito narecieve if hindi mo pa din ito natanggap ilan days bago sila magserve na warrant of arrest? Thanks :goatee: