legal Free Legal Advice

[Tantarado]

Hello to our great MTC Lawyers,

 

Just like to know things about an adopted brother,

 

1. Does he has the right to get inheritance? as far as i can recall, he's not legally adopted.

 

2. Does i have the right to collect from him parts or portions of the utility bills that i have been paying? and if he resist to do payment, can i cut off services from him, what grounds will be my basis for collecting his dues.

 

3. my brother who owns the house residence that we live in wanted to expel this adopted brother of ours, all through our lives he has been really a pain in the ass. He is a drug dependent for one and a lazy free loader.

 

Your out most advise is needed for this matter. I mother passed away 1 year ago, and my brother thinks it is time to do action on the matter at hand.

 

With warm regards,

 

Ruel

[rocco69]

1. Does he has the right to get inheritance? as far as i can recall, he's not legally adopted.

 

If he has not been legally adopted (no Court Decision granting adoption), he has no right to any inheritance.

 

 

2. a) Does i have the right to collect from him parts or portions of the utility bills that i have been paying?

 

If he has been using the utilities, it is only fair that he pay his just share.

 

 

if he resist to do payment, can i cut off services from him?

 

yes, but you have to first give him a chance to pay by informing him that he needs to pay, and that if he doesn't pay, you will cut-off the service (a written demand is best, pinaka-maganda, kausapin mo muna, pag di kayo nagkasundo, ipa-barangay mo yung issue para may ebidensya ng demand mo)

 

 

c) what grounds will be my basis for collecting his dues.

 

His use of the facilities. Wala namang libre ngayon.

 

 

3. my brother who owns the house residence that we live in wanted to expel this adopted brother of ours

 

Because he is not legally a sibling, your brother, being the owner, can expel him from the house. In fact, even if he is a sibling, the owner can expel him from the house. The owner can refuse entry and use of his house from anyone.

[rocco69]

I have a friend na born in the USA, she's 18 yo and shes living in the Philippines for many years na. She's asking what to do to make her a citizen here so she work. She's practically " overstaying/illegal alien". she went here as a tourist. Dad nya is a US citizen her mom is pinay working there. She has no plan of going back in the us.

 

If her mother is a Filipina. then your friend is likewise a Filipina.

 

Under Article IV, Section 1(2) of the Constitution:

 

Article IV - Citizenship

 

Section 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution;

(2) Those whose fathers or mothers are citizens of the Philippines;

(3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

(4) Those who are naturalized in accordance with law.

[filibustero]

Hello MTC Lawyers,

 

Im in dire need of your expertise..

Currently, im renting an apartment for more than 5 years now, and ever since they dont issue an OR for our payments. In short, di po sila nagbabayad sa BIR ng tax pertaining to the business that they have ( 4 unit apartments ). my family had been in a very difficult situation right now where in we cant pay the monthly rent religiously, sometimes we asked for an extension ( seek loans from relatives ) just to pay the rent. The owner of this apartment lives in the US, she has a caretaker that manage the apartment ( sort of ) or does the singil. Now it comes to a point, na masyado na kami pinapahiya ng care taker when she tries to collect the rent of the apartment that even my 7yo daughter naapektuhan na to the point na minsan umiiyak ang anak namin just thinking pa papalayasin kami sa bahay. We are given until the end of december to vacate the apartment, which we need to comply. My questions are :

a. We still have outstanding balance-do we need to settle it before we can vacate the apartment? or can i just issue a promissory note for that? Do they have the right to with hold any of our things, or appliances as a collateral to the balance that we have?

b. If we're going to Barangay can I tell the Barangay that they dont have any business permit or barangay permit to operate the business? Can they forcefully collect the balance since given they dont have any legal premise ( no business permit - meaning illegal business, as what i understand it ).

 

Thank you so much Lawyers!!

 

If you're sure that the apartment doesn't have a permit, then this is what I'll do. Just leave the apartment, bring all your belongings, and don't worry about the balance. If they stop you, tell them you'll report them to the BIR for non-payment of taxes. Make sure it's clear to them tax evasion is criminal and so they can get some jail time for that. You get 10% of whatever amount of tax liability the BIR eventually gets to collect as a sort of "finders fee". Plus, tell them you'll have the place closed down by reporting them to the city government for operating without a business permit, and probably other violations like not following the building code (e.g. fire safety, etc.).

[mr_kindred23]

Ang hirap pala magkaroon ng business na paupahan-house for rent...Ito rin observation ko dun sa kakilala namin na may paupahan...di na sila binabayaran ng umuupa ,ung umuupa pa ang galit pag-sinigil mo....anu un nakalibre sila ng tirahan...kung ano ano rason nila tapos bandang huli malalaman mo panay out of town gimmick at panay party...tapos di pa marunong alagaan ung hauz,bagong gawa at pintura,ilang buwan lang sa umuupa halos luma na tignan ung hauz..bandang huli ung may ari pa ang gigipitin...tatakutin na ipapa bir.. kasi ala raw permit...kaya sakit din sa ulo pag ganto nakuha mong umuupa..imbes na kumita ka eh kaw pa nalugi...

balak ko sana condo unit, then Ipapaupa or rent ko kaso ang winoworry ko eh ung pagbayaran na ng rent...one in a million lang yata ung good payer ...

kung condo ang ipaparent ko kailangan ko ba tlaga kumuha ng business permit?? dami ko na kasi nakikita na may paupahan bahay or condo pero no business permit naman...? also just incase kung ako ung may ari at balak ko paalisin ung tumitira dahil for not paying the rent but balak naman ako ilalag sa bir? can someone enlighten me how to solve this issue?

[rocco69]

kung condo ang ipaparent ko kailangan ko ba tlaga kumuha ng business permit?? Yes

dami ko na kasi nakikita na may paupahan bahay or condo pero no business permit naman...? Just because others are not getting business permits does not make it legal to do so

also just incase kung ako ung may ari at balak ko paalisin ung tumitira dahil for not paying the rent but balak naman ako ilalag sa bir? can someone enlighten me how to solve this issue? register your rental business with the BIR

[mr_kindred23]

 

kung condo ang ipaparent ko kailangan ko ba tlaga kumuha ng business permit?? Yes

dami ko na kasi nakikita na may paupahan bahay or condo pero no business permit naman...? Just because others are not getting business permits does not make it legal to do so

also just incase kung ako ung may ari at balak ko paalisin ung tumitira dahil for not paying the rent but balak naman ako ilalag sa bir? can someone enlighten me how to solve this issue? register your rental business with the BIR

 

Mr. Rocco thank you for your response..and enlightening me on this matter...also my mistake and fault din na isipin ko na just because other's not getting permit ay ok lang gumaya...It is not right to do so...nasa huli rin pag-sisisi.. so ang main solution is just register your business with the BIR... again thank you for your response.

[Stickynote]

I work at home here in Manila. But my employer is based on the United States. They have no office here in the Philippines.

 

With that said, do I really need to pay taxes even though my employer is directly in the US?

[Google]

I work at home here in Manila. But my employer is based on the United States. They have no office here in the Philippines.

 

With that said, do I really need to pay taxes even though my employer is directly in the US?

 

yes, because your income is derived here in the Philippines.

[capt KK]

Should there be an additional pay rate working on sundays?

 

Thanks

[Google]

Should there be an additional pay rate working on sundays?

 

Thanks

 

depende sa day off mo.... if your day off is sunday and you are asked to work on a sunday, you are entitled to a rest day overtime pay.

kung sa industry mo is normal ang sunday and hindi mo day-off, usually regular pay lang yan.

[Tantarado]

1. Does he has the right to get inheritance? as far as i can recall, he's not legally adopted.

 

If he has not been legally adopted (no Court Decision granting adoption), he has no right to any inheritance.

 

 

2. a) Does i have the right to collect from him parts or portions of the utility bills that i have been paying?

 

If he has been using the utilities, it is only fair that he pay his just share.

 

 

if he resist to do payment, can i cut off services from him?

 

yes, but you have to first give him a chance to pay by informing him that he needs to pay, and that if he doesn't pay, you will cut-off the service (a written demand is best, pinaka-maganda, kausapin mo muna, pag di kayo nagkasundo, ipa-barangay mo yung issue para may ebidensya ng demand mo)

 

 

c) what grounds will be my basis for collecting his dues.

 

His use of the facilities. Wala namang libre ngayon.

 

 

3. my brother who owns the house residence that we live in wanted to expel this adopted brother of ours

 

Because he is not legally a sibling, your brother, being the owner, can expel him from the house. In fact, even if he is a sibling, the owner can expel him from the house. The owner can refuse entry and use of his house from anyone.

Thank you for the insights, now i know how can i handle the situation. Thank so much. By the way if it is okay to ask, are you a lawyer, we might need one someday... Cheers!

Edited January 24, 2015 by Tantarado

[vkalbos]

Can I use my house as a collateral when applying to a business loan? I'm still paying this house thru pag-ibig (Housing Loan).

 

Tia

[rocco69]

Can I use my house as a collateral when applying to a business loan? I'm still paying this house thru pag-ibig (Housing Loan).

 

Pwede naman yan kasi nasa nagpapautang yan kung papayag silang maging 2nd mortgagee lang. Tanungin mo yung uutangan mo kung OK sa kanila yun (pag bangko, malabong pumayag, sa palagay ko lang)

[chups10]

Can I use my house as a collateral when applying to a business loan? I'm still paying this house thru pag-ibig (Housing Loan).

 

Pwede naman yan kasi nasa nagpapautang yan kung papayag silang maging 2nd mortgagee lang. Tanungin mo yung uutangan mo kung OK sa kanila yun (pag bangko, malabong pumayag, sa palagay ko lang)

 

usually hindi ina allow, lalo kung annotated sa title yung first mortgage. bad business sa bangko o lending companies