legal Free Legal Advice

[Aries0818]

17 hours ago, keenpee said:

I mean baliktad po. Kami ung owner. Illegal settlers occupying our lot. When we entered, threaten nya kami. Can we file criminal charges for the threatening?

You can opt to file coercion or threats depends on what transpired during the incident however you need to act fast and have a barangay conciliation and secure a certificate to file action from the barangay  since the prescriptive period for these kinds of felonies have a short time before they are considered prescribed. Otherwise, stated mabilis mapaso yung kaso. 

[Ice]

Anybody who has experience with filing a case for a personal investment that did not pay out the interest and capital? Have a comtract for it.

[Aries0818]

21 hours ago, Ice said:

Anybody who has experience with filing a case for a personal investment that did not pay out the interest and capital? Have a comtract for it.

You have to look at the circumstances, if the investment might fall under the prohibited acts under the Securities Regulation Code, you should seek the assistance of SEC-EIPD then file a criminal case for said violation of SRC. However, you can also look at possible commission of Estafa under the Revised Penal Code. In both instances it is better if you are assisted by counsel. Your last option would be to file a civil case for breach of contract or for damages, which also requires assistance of a lawyer. Lastly, if it is within the jurisdiction of small claims cases then you also have that option. In this case, no need to lawyer up.

[Ice]

Thank you. Is there anybody who can assit legally and i can provide a percentage of the collected amount  Value about P1.3M

[keenpee]

On 4/27/2025 at 10:35 AM, keenpee said:

kapag ung kaso and ung requesting party ay si defendant pero si defendant ay illegal settler. can they request it

Any suggestion for this?

Edited May 5 by keenpee

[deejay_capslock]

Accion Reivindicatoria focuses on ownership and possession. How cam the defendant request this relief kung nde sya ung complainant?

[deejay_capslock]

What is this about?

13 hours ago, Ice said:

Thank you. Is there anybody who can assit legally and i can provide a percentage of the collected amount  Value about P1.3M

 

[deejay_capslock]

Depende yan sir kung ano ung Threat syo whether it would fall as Grave or Light threats.

There is a prescription period sa kada krimen so you need to take of that also

On 4/27/2025 at 10:41 AM, keenpee said:

can i ask if defendant can file for petition for relief of judgment rule 38 sa Accion Reivindicatoria kapag meron issue sa docs that was filed as formal exhibit by the plaintiffs way back from the start of the hearing? if they claim meritorious reason for fame

the defendants are not part of the doc as they are illegal settlers.

 

[deejay_capslock]

I suggest consulting a lawyer for this.

On 5/2/2025 at 1:03 PM, Ice said:

Anybody who has experience with filing a case for a personal investment that did not pay out the interest and capital? Have a comtract for it.

 

[keenpee]

10 hours ago, deejay_capslock said:

Depende yan sir kung ano ung Threat syo whether it would fall as Grave or Light threats.

There is a prescription period sa kada krimen so you need to take of that also

 

Ah yung question po sa rule 38 not the threat

[keenpee]

Defendants ung nakapossess ng property and sya ung complained party or defendant. Kapag nailabas na ung finality or entry of judgment can they use the evidences presented during the trial again sa petition for relief of judgement rule 38. Example exhibit A which has been presented and heard during actual trial. And they are not part of the document.

Questions

1) can they still use the evidences sa formal offer ng plaintiffs for this rule 38 or need new evidence? Since napagusapan na ung mga evidences during regular trial can they dig the previous evidences and say ' ay may nakita kami na kaduda duda.' when their chance to check the docs has lapsed?

2) they are not part of the documents since illegal settlers sila their documents points to another lot.

Tia

[keenpee]

On 4/27/2025 at 10:35 AM, keenpee said:

kapag  ung kaso and ung requesting party ay si defendant pero si defendant ay illegal settler. can they request it

Pued po ba ito?

Edited May 5 by keenpee

[keenpee]

On 5/4/2025 at 1:30 AM, deejay_capslock said:

focuses on ownership and possession. How cam the defendant request this relief kung nde sya ung complainant?

Kapag meron na finality can they file this as they are illegal settlers. 

Edited May 5 by keenpee

[mic man]

If a party is not part sa Isang deed contract. Can they request a ctc notarized copy sa rtc where the notary public is, while gathering evidences or doing verification?

Edited May 4 by mic man

[Aries0818]

30 minutes ago, mic man said:

If a party is not part sa Isang deed contract. Can they request a ctc notarized copy sa rtc where the notary public is, while gathering evidences or doing verification?

Yes because once a notarized document is filed with the OCC of the RTC it becomes a public document but you would have to put a purpose why you have to secure a copy sometimes they just put the reason for some “legal purpose/s” usually it is allowed like for filing of cases like falsification or perjury the OCC allows that to be issued in favor of a third party.

Edited May 4 by Aries0818
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