legal Free Legal Advice

[dyodyo]

Pwede ba ako magpaConsult sa mga Lawyers dito regarding sa mga Estafa Case na isasampa ko?

[Roubaix]

Pwede ba ako magpaConsult sa mga Lawyers dito regarding sa mga Estafa Case na isasampa ko?

Ask away. But since you are the complainant, technically, the public prosecutor will be your "lawyer"

[deadshotview2019]

Hello.

can i ask po about 2nd degree murder.

if this is pasok legally?

my taong need isugod sa ospital.

and by means of helping there are other ways.

like imbis tumulong buhatin or isugod sa ospital.

eh huminge ng saklolo sa neighbors.

since my doctor,nurse na neighbors.

and asking help din sa guard and officer na president ng HOA.

then kakahinge ng help.

naisugod na sa ospital not by those actions but nagawan ng paraan buhatin and on the way to hospital.

then sadly ung patient dies.

now kakasuhan ng 2nd degree murder by that not helping buhatin ung patient to bring to ospital.

eh my action naman na gnawa by other types of helping the patient?

thank you po sa legal na sasagot.

[edgardoangara]

@deadshotview2019

 

Maybe not murder, but the closest crime I can say he committed is abandonment of persons in peril. See penal provision below:

 

"Art. 275. Abandonment of person in danger and abandonment of one's own victim. The penalty of arresto mayor shall be imposed upon:

 

1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense."

 

This provision has lots of complexities and it's hard to explain all of them one by one. I guess the most prudent thjng for you to do is consult a lawyer about your particular set of facts.

[ScrewDrew]

Hi our Legal Lawyers

 

I just want to consult on something.

 

A friend died leaving a husband and 2 kids aged 18 and 15. they still have a house and lot and the Dad wants to Pawn or Sell the house. Do the kids have any say on this matter?

 

The house is still named to my dead friend and hasnt been transferred to his Husband nor the kids.

 

My concern is the Dad doesnt have a job/ hasn't had a job for decades, a senior citizen now and is really bad with money. If they pawn or sell the property now the kids will be left homeless and penniless.

 

Do the kids have any legal right to the property even though they are just teenagers?

 

Thanks so much to those who can answer.

[paupau]

Can a concerned citizen file a report regarding VWAC or dapat yung involved person mismo?

[deadshotview2019]

@deadshotview2019

 

Maybe not murder, but the closest crime I can say he committed is abandonment of persons in peril. See penal provision below:

 

"Art. 275. Abandonment of person in danger and abandonment of one's own victim. The penalty of arresto mayor shall be imposed upon:

 

1. Any one who shall fail to render assistance to any person whom he shall find in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense."

 

This provision has lots of complexities and it's hard to explain all of them one by one. I guess the most prudent thjng for you to do is consult a lawyer about your particular set of facts.

Thanks po Sir.

Edited June 22, 2020 by deadshotview2019

[Roubaix]

Hi our Legal Lawyers

 

I just want to consult on something.

 

A friend died leaving a husband and 2 kids aged 18 and 15. they still have a house and lot and the Dad wants to Pawn or Sell the house. Do the kids have any say on this matter?

 

The house is still named to my dead friend and hasnt been transferred to his Husband nor the kids.

 

My concern is the Dad doesnt have a job/ hasn't had a job for decades, a senior citizen now and is really bad with money. If they pawn or sell the property now the kids will be left homeless and penniless.

 

Do the kids have any legal right to the property even though they are just teenagers?

 

Thanks so much to those who can answer.

 

Can't sell the house without paying the estate tax first. The BIR will have to issue an authority that taxes has been paid before the LRA will issue a new title to the buyer.

 

The kids are actually part owners of the house so they do have legal rights as heirs.

Can a concerned citizen file a report regarding VWAC or dapat yung involved person mismo?

 

Yes it is allowed. It would be absurd if only the wife/GF can file if they are victims of violence

[ctc]

I am an employer, i just fired an employee for AWOL. He still owe us a loan of 40k and he has a promissory note with us using his motorbike as collateral.

 

What is the process for the confiscation of that bike?

Our HR has send him a demand letter which he just read & didnt receive nor sign the letter

[ionemike12]

anyone who needs investigator on certain cases. send me a message

 

thanks

[rocco69]

I am an employer, i just fired an employee for AWOL. He still owe us a loan of 40k and he has a promissory note with us using his motorbike as collateral.

 

What is the process for the confiscation of that bike?

Our HR has send him a demand letter which he just read & didnt receive nor sign the letter

after the period stated in the demand letter expires, you can now file a complaint for collection of sum of money with the small claims court.

[ctc]

after the period stated in the demand letter expires, you can now file a complaint for collection of sum of money with the small claims court.

do we need a lawyer for this since its a small claims court only?

where do we file the claim, in the city of our office or in the city where the employee live?

[Mr.Potatoes]

do we need a lawyer for this since its a small claims court only?

where do we file the claim, in the city of our office or in the city where the employee live?

 

1. You do not need a lawyer. You will just need to fill up a form and submit it.

 

2. Regular rules on venue applies. You can file it either on the city where you live OR in the city where he lives. Since you are the one filing, the choice is yours.

[M Corleone]

do we need a lawyer for this since its a small claims court only?

where do we file the claim, in the city of our office or in the city where the employee live?

 

Considering the amount owed to you (PhP40k), a lawyer wouldn't be necessary. As a matter of fact, lawyers are prohibited from appearing in Small Claims proceedings.

 

Preparation of the complaint for Small Claims is not that difficult since there is a downloadable form in the internet (or you can ask some lawyer friends for it, if you have a few) and you will just be filling up certain information.

 

The only challenge here is you need to provide pieces of evidence to prove the obligation owed to you (i.e., contract/s, IOUs, Promissory Notes, etc.) which, take note, should all be in the original. No photocopies will be admitted as evidence per the rules on Small Claims.

 

Alternatively, you can proceed to your city's Hall of Justice and ask for the Small Claims section where they could give you a complaint form to fill up.

 

Be reminded also that filing a Small Claims would require the payment of filing fees, except those who shall be litigating as indigents (those who are unemployed and has no source of income and those who are below the poverty threshold) or as we call it, "pauper litigants".

 

Good luck!

Edited July 2, 2020 by M Corleone

[M Corleone]

Can a concerned citizen file a report regarding VWAC or dapat yung involved person mismo?

 

Yes it is allowed. It would be absurd if only the wife/GF can file if they are victims of violence

 

While concerned citizens are allowed to file a case for VAWC against a male perpetrator, the law provides for qualifications, to wit:

 

"(h) At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed."

 

This can be found under Section 9(h) or RA 9262 or the VAWC Law.

 

Personal knowledge of the acts of violence committed against a woman is the most crucial qualification here.

 

Best of luck!