legal Free Legal Advice

[rocco69]

I have a live in partner who i think is now taking illegal drugs and we have a son. I want to kick her out of my place but she is saying that she has the right to our. What can i do about this?

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

[kanos]

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

[kanos]

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

[kanos]

since you are not married to each other, you can always separate from each other.

the problem is your son. Do you intend to kick her out but retain custody of your son?

 

also, where are you living? if it is your property, when was this acquired? how was this acquired? This needs to be answeredin order to determine whether she has a right to the same.

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

[Jasonkidd]

Question. Is there any way we could file a formal complaint against cebupacific? The story is like this. We booked a ticket on their website on april 14. During the payment page, an error occurred and it says thag the booking did not push through. So we called their hotline and verified that it indeed did not pushed through, and we received an email for the ticket (only 1 iterinary was received). Booked it with their hotline. Come our billing statement, we were charged twice. So we called their hotline and they confirmed that there is a double booking. Requested for refund and they told me to call after 24-48 hours. Called them after 2 days same response. Tried calling them around 6 times and same response. Then I asked if there is another way for it is taking too long and wasting my time. They told me email their customer care which i did. After 2 days they replied that they would not make the refund because both booking was used. And also said that most probably the one who used the other booking fabricated a fake id. And that they checked in online, and the other checked in via kiosks. My reply was I only received one iterinary and i dont have any knowledge for the other one, so it is impossible for us to give the details to other people. And called their customer service and verified how the passengers checked in, they told me one is thru kiosk, and the other one over the counter. Now I kept sending email to cebupacific and even messaged their facebook but to no avail. They won't even reply. We consumers feel so helpless against these giant companies. If we are a gov't officials for sure they will apologize and admit their mistakes.

[rocco69]

We started renting a condo last oct. I am paying for all the bills. I want to keep my son. Prior to our son she already has 2children. Her 2nd child is wit her father.

Since the condo is just being rented, she has no right to it. And since you are not married to each other, as I said earlier, you can always separate from one another at any time. Accordingly, you can always end the relationship at any time, to include preventing her from living in the place where you live.

 

As to your son, if he is less than seven years old, the law prefers to give custody to the mother UNLESS there is a compelling reason to award custody to the father. Thus, if your child is below seven, custody will probably be awarded to the mother, rather than to you.

 

However, since you say that you suspect her of taking illegal drugs, if you can produce definite proof that she is taking illegal drugs, that could be THE COMPELLING REASON for the court to award custody to you, as the child's welfare and well-being will not be served if his custody is awarded to a drug dependent.

 

More, if you forcibly take your son away from the mother, you open yourself to charges of violating the Violence Against Women and Children Act (RA9262), as this could be made to appear as psychological violence, With definite proof that the mother is taking drugs, you can make it appear that you are taking the child away for the latter's safety.

[rocco69]

hello to all the good lawyers here,

 

can i just ask advise here

 

the story goes like this, i parked in a particular parking lot in metro manila, he parking lot has the following services, parking, valet parking and carwash services, so i parked there for 3 hours when i came back, my car was struck by another car, the other car was driven by one of the parking lot's personnel.

 

i have made my claims for the damages but they would not cooperate,

 

what cases can i file i court? yun medyo mabigat for them to have 2nd thoughts na mangago na lng ng tao,

 

i am not rich, i worked hard for the car (kahit luma na) i worked hard for it not for me but for my family

 

so guys plese help or send me a PM if you have some advise.

 

 

TIA

Truth is, civil case for damages ang pwede mo i-file against the car park. Yung mabigat ay criminal case, AGAINST THE DRIVER! Na mas malamang sa hindi, wala ding pera. More, ang makukulong, yung driver, di yung car park.

 

Perwisyo pa sa iyo ang magfile ng case at pupunta-punta ka pa sa court. Yan ang inaasahan ng car park kaya nakikipagmatigasan sa iyo.

 

Kung di aabot sa P200T, sa small claims court lang naman yan, mabilis din (relatively speaking), at di mo na kailangan ng lawyer.

 

Baka pwede ka rin magcomplain sa Consumer Desk ng DTI (not sure kung covered ang parking services, pero malay mo).

DTI Direct

Hotline: (+632) 751.3330

[atty. 190e]

 

Truth is, civil case for damages ang pwede mo i-file against the car park. Yung mabigat ay criminal case, AGAINST THE DRIVER! Na mas malamang sa hindi, wala ding pera. More, ang makukulong, yung driver, di yung car park.

 

Perwisyo pa sa iyo ang magfile ng case at pupunta-punta ka pa sa court. Yan ang inaasahan ng car park kaya nakikipagmatigasan sa iyo.

 

Kung di aabot sa P200T, sa small claims court lang naman yan, mabilis din (relatively speaking), at di mo na kailangan ng lawyer.

 

Baka pwede ka rin magcomplain sa Consumer Desk ng DTI (not sure kung covered ang parking services, pero malay mo).

DTI Direct

Hotline: (+632) 751.3330

 

 

This is your best bet. DTI + Small Claims Court. make sure your claim will not exceed 200k.

 

Another way of forcing them to settle is asking help from media.

[pinpoint015]

Hey guys. Need help, again. So here's the story.

 

My family has a business, a funeral parlor that is around for 62 years na. It changed hands from my lolo, then to one of my uncles, then to another uncle. Business was doing great before. Then when the second uncle handled the business, it slowly declined. It is now to the point that it's barely operating. The business had an expired business license and haven't been renewed for a couple of years now. Here's what I know about the business.

 

1. Started by my lolo from my mother's side 62 years ago

2. My mom has 5 brothers and a sister, 3 of whom are dead, including my mom.

3. Sometime between 2000-2010, they converted it into a corporation.

4. Last registered owner is my uncle, 5th child.

 

So our plan is for me to register the funeral home as mine, sole proprietor. I have the support of the youngest sister of my mom, and the widow of my 3rd uncle. Will we able to register this as our business or are there any legal loop holes we can exploit, or can be exploited by my other uncle?

 

Thanks!

[rocco69]

Hey guys. Need help, again. So here's the story.

 

My family has a business, a funeral parlor that is around for 62 years na. It changed hands from my lolo, then to one of my uncles, then to another uncle. Business was doing great before. Then when the second uncle handled the business, it slowly declined. It is now to the point that it's barely operating. The business had an expired business license and haven't been renewed for a couple of years now. Here's what I know about the business.

 

1. Started by my lolo from my mother's side 62 years ago

2. My mom has 5 brothers and a sister, 3 of whom are dead, including my mom.

3. Sometime between 2000-2010, they converted it into a corporation.

4. Last registered owner is my uncle, 5th child.

 

So our plan is for me to register the funeral home as mine, sole proprietor. I have the support of the youngest sister of my mom, and the widow of my 3rd uncle. Will we able to register this as our business or are there any legal loop holes we can exploit, or can be exploited by my other uncle?

 

Thanks!

if it is a corporation, look into the corporate structure first (who are the stockholders and the members of the Board etc).

 

before you can claim the business, you have to own stock in the corporation. which will require stockholder/s transferring shares to you. Hence, the need to know who are the stockholders.

[pinpoint015]

if it is a corporation, look into the corporate structure first (who are the stockholders and the members of the Board etc).

 

before you can claim the business, you have to own stock in the corporation. which will require stockholder/s transferring shares to you. Hence, the need to know who are the stockholders.

 

The stockholders would be the siblings of my mom and/or their widows. Can we do the transferring without notifying the other stockholders? And can we do it if the corporation's necessary permits and/or licenses were already expired.

 

And if it's not a corporation anymore, what would be the process?

[MP5K]

Hey guys. Need help, again. So here's the story.

 

My family has a business, a funeral parlor that is around for 62 years na. It changed hands from my lolo, then to one of my uncles, then to another uncle. Business was doing great before. Then when the second uncle handled the business, it slowly declined. It is now to the point that it's barely operating. The business had an expired business license and haven't been renewed for a couple of years now. Here's what I know about the business.

 

1. Started by my lolo from my mother's side 62 years ago

2. My mom has 5 brothers and a sister, 3 of whom are dead, including my mom.

3. Sometime between 2000-2010, they converted it into a corporation.

4. Last registered owner is my uncle, 5th child.

 

So our plan is for me to register the funeral home as mine, sole proprietor. I have the support of the youngest sister of my mom, and the widow of my 3rd uncle. Will we able to register this as our business or are there any legal loop holes we can exploit, or can be exploited by my other uncle?

 

Thanks!

 

 

if it is a corporation, look into the corporate structure first (who are the stockholders and the members of the Board etc).

 

before you can claim the business, you have to own stock in the corporation. which will require stockholder/s transferring shares to you. Hence, the need to know who are the stockholders.

 

 

 

The stockholders would be the siblings of my mom and/or their widows. Can we do the transferring without notifying the other stockholders? And can we do it if the corporation's necessary permits and/or licenses were already expired.

 

And if it's not a corporation anymore, what would be the process?

 

No you cant tranfer without notifying the others. Follow rocco69's advice and check who are the stockholders of the corp. You said the funeral parlor biz was made into a corporation. The corp will have to sell you the business. and obviously you have to pay for it right?

There are a lot of details that are needed, and processes you need to go thru.

 

Go to the SEC to check who are the stockholders and board of directors of the corp.

[pinpoint015]

 

 

 

 

 

No you cant tranfer without notifying the others. Follow rocco69's advice and check who are the stockholders of the corp. You said the funeral parlor biz was made into a corporation. The corp will have to sell you the business. and obviously you have to pay for it right?

There are a lot of details that are needed, and processes you need to go thru.

 

Go to the SEC to check who are the stockholders and board of directors of the corp.

 

Hi Sir! Thank you for your advice. I tried searching for the corporation's name through the SEC i-Register and found it. Will drop by at SEC to check the records. I don't have the pass yet to view the info eh. Will just post here again once I have more details. Thank you once again Messrs.

[rocco69]

 

The stockholders would be the siblings of my mom and/or their widows. Can we do the transferring without notifying the other stockholders? And can we do it if the corporation's necessary permits and/or licenses were already expired.

 

And if it's not a corporation anymore, what would be the process?

transfer of the shares would either be by sale or donation. However, if the shareholder is already dead, the widow (and children) have to settle the estate of the deceased first.

 

Can we do the transferring without notifying the other stockholders?

 

yes, but the transfers have to be registered in the books of the company.

 

 

And if it's not a corporation anymore, what would be the process?

 

find out first what happened. without knowing what happened to the corporation, we do not know who now owns the assets of the corporation, as well as who has the authority to dispose of these assets.

[99PercentCaffeine]

Good day.

 

I am looking for legal advice regarding Buyers Remorse (on Services NOT Goods)

 

 

Party A contracted Party B to run a Social Media and Online Visibility Campaign for 60 days. Total contract price was 36,000. Party B was paid an initial payment of Php19,000. The agreement was that 36,000 will be paid in full, but Party B decided to allow a staggered payment plan to help out Party A. Two weeks after, Party B reneged on the agreement, wanting to cancel the entire campaign and asking for a refund. The reason behind the decision was that they decided they no longer needed/wanted it. Party A is asking for a refund. What does the law say about Buyers Remorse on Services.

 

Thank you.