legal Free Legal Advice

[Dr_PepPeR]

dear GM-master-lawyers,

 

let's say i want to help a friend (ok, she's an MPA) by financing her schooling.

is it possible to put her on contract stating she cannot work for the duration of her schooling?

how about other stipulations? like she cannot do freelance work, get pregnant, etc.?

 

asked a lady friend/lawyer and said this will not hold water daw.

can i get a second opinion, pls?

 

many thanks...

 

Legality aside, you can take out the girl from an MP, but you cannot always take out the MP from the girl. Don't expect too much, I speak from experience if that is worth anything. Anyway, goodluck, make sure you have a full load of patience and understanding, and I salute you for your intentions.

Edited February 17, 2010 by Dr_PepPeR

[Itto Ogami]

Legality aside, you can take out the girl from an MP, but you cannot always take out the MP from the girl. Don't expect too much, I speak from experience if that is worth anything. Anyway, goodluck, make sure you have a full load of patience and understanding, and I salute you for your intentions.

 

thanks, doc!

it's still a big IF for me naman.

 

btw, got a question for you re: UITFs in another forum.

hope you could answer.

[BigJ]

question lang po regarding corporate law, can a foreigner hold a very high position in a corporation let say president or corporate secretary? as far as i know they ( the foreigner can not have a higher share of stock against a filipino partner.

 

2. does close bank account consider a estafa? let say he issue a check and it bounce, tapos i demand him to change the check but he refuse. can i use the bounce check to sue him?

 

3. correct me if am wrong, di ba ang newly opened business is immune from B.I.R. auditing for 3 years ata?

 

hope masagot ng magagaling natin corporate lawyer. tnx

[timog]

question lang po regarding corporate law, can a foreigner hold a very high position in a corporation let say president or corporate secretary? as far as i know they ( the foreigner can not have a higher share of stock against a filipino partner.

 

2. does close bank account consider a estafa? let say he issue a check and it bounce, tapos i demand him to change the check but he refuse. can i use the bounce check to sue him?

 

3. correct me if am wrong, di ba ang newly opened business is immune from B.I.R. auditing for 3 years ata?

 

hope masagot ng magagaling natin corporate lawyer. tnx

 

 

I think you are confusing shareholders from corporate officers.

foreigners can be shareholders but not more than 40%. foreigners can be president or any officer just as long as they have working permits from the DOLE.

[bryanfury]

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.

 

 

Thank you sir, very much for the enlightenment. Last question, there's another problem expired na yung lease contract and it was never renewed, they refused to sign the renewal, after the tenants learned about the case.

 

Can we still impose the rent?

 

Thanks again in advance.

[buBBLeguM]

at last something new on MTC!! :mtc: hehe.. here's my question; How much money does it cost to change a name? is it per letter? per word?

[rocco69]

Yes, they are benefitting from the property so they have to pay.

 

Kaya lang, from the look of things, kahit i-impose nyo, di pa rin magbabayuad yan, kaya be prepared to go to court to file an ejectment case against your tenant. kapag di kayo magkasundo, kakailanganin nyong ireklamo yan sa barangay, after which demand letter to vacate.

 

 

Thank you sir, very much for the enlightenment. Last question, there's another problem expired na yung lease contract and it was never renewed, they refused to sign the renewal, after the tenants learned about the case.

 

Can we still impose the rent?

 

Thanks again in advance.

[rocco69]

kung first name ang ipapabago mo, di mo na kailangan pumunta sa korte, di mo na rin kailangan ng abugado. ito ay sa Civil Registrar lamang. P3,000 ang bayad sa Civil Registrar (may OR ito), tapos ito ay kailangan ding i-publish sa isang diyaryo once a week for 2 consecutive weeks kaya kailangan mo ring gastusan ito.

 

kung apelyido ang ipapabago mo, at ito ay dahil may mali lang sa spelling, sa Civil Registrar din lang ito. pero kung talagang malayo ang tamang apelyido dun sa nakasulat sa birth certificate, kailangan sa korte na ito. Ang gastos ay hindi per letter o per word. ito ay per abugado he he he (depende ito sa sisingilin ng abugadong makukuha mo).

 

at last something new on MTC!! :mtc: hehe.. here's my question; How much money does it cost to change a name? is it per letter? per word?

[lomex32]

On summons, subpoenas and warrants

 

1. Can Mr. Chua's househelps or relatives living in his home decline to receive a Summon Letter from the barangay addressed to Mr. Chua?

 

2. Can Mr. Chua's househelps or relatives living in his home decline to receive a subpoena from the courts addressed to Mr. Chua?

 

3. If Mr. Chua an accussed could not be served the warrant for intended for him (e.g. could not locate), how long will it take before he is declared a fugitive of the law?

Edited March 1, 2010 by lomex32

[Roubaix]

On summons, subpoenas and warrants

 

1. Can Mr. Chua's househelps or relatives living in his home decline to receive a Summon Letter from the barangay addressed to Mr. Chua?

 

2. Can Mr. Chua's househelps or relatives living in his home decline to receive a subpoena from the courts addressed to Mr. Chua?

 

3. If Mr. Chua an accussed could not be served the warrant for intended for him (e.g. could not locate), how long will it take before he is declared a fugitive of the law?

 

1. No. They cannot. As long as it is the house of Mr. Chua, anybody there can receive the summon. If the househelps and relatives decline to receive, they will just put it in the mailbox.

 

2. No. Same reason as above.

 

3. If warrant is issued, he can be arrested anytime, anywhere. He can be arrested even if the warrant is NOT with the arresting officer. Fugitive status starts the moment the warrant is issued.

[tuwanpor]

Mga ka MTC na lawyers may question lang po ako..

 

I have a friend na kinasuhan ng estafa ng kanyang dating employer then last week nag tril-hearing na cla then supposedly by april is the 1st hearing then sudenly yung kalaban nila nag propose ng subject for mediation next week at the mediation room.

 

Puwede po ba malaman in laymans term what does it mean? kse AFIK mediation is something to do with spiritual belief diba.. please enlighten me po mga katotong abogado ng MTC..

 

thanks in advance..

[rocco69]

bwa ha ha ha ha!!!

 

MEDITATION - contemplation of spiritual matters (usually on religious or philosophical subjects)

 

MEDIATION - a process of settling disputes with the assistance of an acceptable, impartial and neutral third party called a mediator.

 

Mediation/Alternative Dispute resolution is a key component of the Justice Reform Initiatives Support (JURIS) Project of the Supreme Court of the Philippines’ Action Program for Judicial Reform.

 

Mga ka MTC na lawyers may question lang po ako..

 

I have a friend na kinasuhan ng estafa ng kanyang dating employer then last week nag tril-hearing na cla then supposedly by april is the 1st hearing then sudenly yung kalaban nila nag propose ng subject for mediation next week at the mediation room.

 

Puwede po ba malaman in laymans term what does it mean? kse AFIK mediation is something to do with spiritual belief diba.. please enlighten me po mga katotong abogado ng MTC..

 

thanks in advance..

[lomex32]

Question :

 

Mr. B and Mrs B are legally married under the Rep of the Phil...

If Mrs B was proven to gave birth to an offspring NOT by Mr. B, will this be a prima facie evidence for the crime of ADULTERY ?

 

What if Mr. B had an offspring to another woman? What will be the case against Mr B?

[Ninong2]

Question :

 

Mr. B and Mrs B are legally married under the Rep of the Phil...

If Mrs B was proven to gave birth to an offspring NOT by Mr. B, will this be a prima facie evidence for the crime of ADULTERY ?

 

What if Mr. B had an offspring to another woman? What will be the case against Mr B?

 

concubinage

[moed]

That the accused is really the father of the child, alone and by itself, is not sufficient to prove concubinage. (People vs. Benlot, et al., 16 CA Rep. 539)