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Butsoy

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As previously mentioned, it depends on the circumstances of the sale. Given the situation, it could only be surmised that any sale by the husband can only be done through fraudulent means because it was done without the knowledge and consent of the other compulsory heirs. One way that the husband can sell the property is by producing a forged or fake special power of attorney from the registered owner of the property. Whether the sale is valid or void depends entirely on the good faith of the buyer. If the buyer was a party to the fraud, or had knowledge of the fraud, or could have reasonably obtained knowledge of such fraud, then he cannot claim good faith and therefore the sale is void. The other heirs who were defrauded can file an action against both the husband and the buyer to recover the property itself.

 

On the other hand, if the buyer was not a party to the fraud or otherwise had actual or constructive knowledge of the fraud, then he can claim good faith and therefore the sale is valid. The other heirs cannot recover the property anymore. However, they can go after the husband to recover the money paid by the buyer for the property.

 

copy chief. so it all boils down whether the buyer is a party, has knowledge and/or consented to such sale.

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  • 1 month later...

tanong ko lang po, kung hanggang saan ang extent ng karapatan sa mga menor de edad na mga anak ng tatay kung hiwalay na sila ng nanay ng mga bata?

 

kasi po, nang maghiwalay ang mag-asawang ito, tinakot nung tatay ang nanay na kukunin niya ang isa sa dalawang bata na anak nila kasi ang katwiran niya e yon ang karapatan niya bilang tatay ng mga bata at wala daw magagawa ang ina kung hindi sundin ang batas na yon. . . tama po ba? puwede na rin po paki-bigyan linaw kung bakit? maraming salamat ngayon pa lang po

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Court muna ang magdedecide sir regarding sa custody ng mga bata, hindi pwede yung father ang mag-impose kung kanino mapupunta yung isa sa anak nila.

 

And if both children are below seven, custody shall be with the mother, but this is not absolute.

opo sir below 7 years old po parehas ang mga bata. follow-up question lang po sana. . . paano kung pinilit nung tatay na kunin ang isa sa mga anak nila kahit hindi na mag-antay ng court order, ano po ang legal actions na puwedeng gawin ng nanay against sa tatay?

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opo sir below 7 years old po parehas ang mga bata. follow-up question lang po sana. . . paano kung pinilit nung tatay na kunin ang isa sa mga anak nila kahit hindi na mag-antay ng court order, ano po ang legal actions na puwedeng gawin ng nanay against sa tatay?

kasuhan ng violation ng anti-violence against women and children act yung tatay (see Section 5e[1], Republic Act 9262)

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  • 3 weeks later...
  • 2 weeks later...

Question..our apartment owner want to increase our monthly rent and to be equal to other tenant that's 8k to 11k ang dahilan nila new management daw pero di nmn totoo kc at yung mas bata na kapatid lng nmn ang ng handle na ngyn. Meron ba sila right na itaas ang rent namin ng ganun ka laki considering we are here from 1981 pa? Or we can do legal action on then if they insist on their plan?

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Question..our apartment owner want to increase our monthly rent and to be equal to other tenant that's 8k to 11k ang dahilan nila new management daw pero di nmn totoo kc at yung mas bata na kapatid lng nmn ang ng handle na ngyn. Meron ba sila right na itaas ang rent namin ng ganun ka laki considering we are here from 1981 pa? Or we can do legal action on then if they insist on their plan?

The Housing and Urban Development Coordinating Council (HUDCC) has extended the rent control regulation for residential units occupied by low-income brackets for another two years until December 2017.

Effective January 1, 2016 until December 31, 2017, the rent of any residential unit for those paying monthly rent of up to P3,999.00 shall not increase by more than 4% per annum. On the other hand, monthly rentals of P4,000 up to P10,000.00 shall not be increased by more than 7% per annum provided that the unit is occupied by the same lessee. This regulation applies to all residential units covered by the specified monthly rent, across the country.

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Could i be charged civilly/criminally if i am involved in a small cooperative that is not S.E.C registered

The Cooperative Development Authority (CDA) is the lead government agency mandated by virtue of Republic Act No. 9520 (Philippine Cooperative Code of 2008) to promote the viability and growth of Philippine cooperatives. It is the only government agency that registers cooperatives.
Clearly, for a cooperative to exist, it needs to be registered ONLY with the CDA, ergo SEC registration is not needed for it to exist.
You may be charged criminally if you participate in illegal activities being undertaken by the cooperative. You may be charged civilly if you participate in activities being undertaken by the cooperative that cause damage to others.
But mere membership would not.
Edited by rocco69
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  • 2 weeks later...

Question lang po ... I work in a BPO company and I am already a regular employee, after 6 months in the company I got transferred to a different account and now that account performed a background check. They found discrepancies on the dates from my previous employer that I worked for before and said that it can be grounds for termination. I already gave them Certificate of Employment to prove that I resigned from those companies without any bad records but they are saying that its still terminable since the dates that I placed on my resume was incorrect. I dont remember the exact dates or even the account I handled way back then and thats the reason for the date discrepancies. Can they terminate me because of that even if I am already a regular employee and does not have any work issues that might cause my termination ?? Thanks for your help.

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Question lang po ... I work in a BPO company and I am already a regular employee, after 6 months in the company I got transferred to a different account and now that account performed a background check. They found discrepancies on the dates from my previous employer that I worked for before and said that it can be grounds for termination. I already gave them Certificate of Employment to prove that I resigned from those companies without any bad records but they are saying that its still terminable since the dates that I placed on my resume was incorrect. I dont remember the exact dates or even the account I handled way back then and thats the reason for the date discrepancies. Can they terminate me because of that even if I am already a regular employee and does not have any work issues that might cause my termination ?? Thanks for your help.

Can they terminate me because of that even if I am already a regular employee and does not have any work issues that might cause my termination?

 

They can terminate you. Kung gusto ka i-terminate ng employer mo, pwedeng-pwede nila gawin yun.

 

WHETHER THE TERMINATION WILL BE LEGAL/VALID IS REALLY THE QUESTION!

 

Kung tutoo ang sinasabi mo na nagkamali ka lang sa dates dahil di mo maalala, at wala ka naman talagang bad record sa former employers mo, hinbdi magiging legal ang pagterminate sa iyo.

 

Maaari mo itong ireklamo sa NLRC kung gagawin nila ito. Alalahanin mo, wag kang magre-resign! Kung pipilitin ka nilang magresign dahil sa dahilang mali ang date na nakalagay sa application o resume mo. wag mo gawin. Kailangan tanggalin ka nila! Ito ay para matibay ang kaso mo na isasampa sa NLRC.

 

Good luck!

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