legal Free Legal Advice

[tobleron222]

Theoretically, you maybe correct toblerone. But not in actual practice.

 

First, let me clarify that I am talking about demurrer in criminal cases. Except for the risk of delay in case the demurrer is not granted, this strategy is relatively risk-free. No lawyer worth his salt will file a demurrer without leave of court, otherwise, like you said, he risks not being allowed to present his evidence once the demurrer is denied. The mere fact that leave to file a demurrer is denied should be an indication for a lawyer not to pursue the strategy. When a court allows a demurrer to be filed it is like saying 'hmm...tingnan natin, pag-isipan natin, baka pwede". Although it is not a sure thing, the chance to short circuit the  entire process of presenting evidence for the accused is there. One should take this route if it is crystal clear (at least for the lawyer concerned, haha) that the evidence against the accused is not sufficient to establish his guilt beyond reasonable doubt.

 

As for your suggestion that if one is sincere in filing a demurrer, he should proceed to do so without asking for leave. I disagree. Although the motion for leave to file a demurrer may be filed separately from the demurrer itself, the suggested mode is to file a "Motion for Leave to File the Attached Demurrer". By doing so, you aid the court in deciding whether it should grant you leave since you are already attaching the vey demurrer you want the court to rule upon. In fact, you can secure the court's leave in a shorter way. After the prosecution rests its case in open court, you can manifest to the court that you intend to file a demurrer. Normally, after your manifestation, the court will grant you a period to file your demurrer. That is leave in itself because the court has allowed you to file a demurrer even without a "Motion for Leave to File a Demurrer". If you want to be clearer, you can top the manifestation and expressly move  for a period to file a demurrer (yup, some courts do not observe the five-day rule). If the court grants you the period, that is also equivalent to leave of court.

 

Insofar as the order granting the demurrer not being appealable since it would result in double jeopardy, where is the risk there?Arent we talking about the strategy of the accused? So the fact that it is not subject to appeal IS a good thing for the accused.

<{POST_SNAPBACK}>

 

 

"Except for the risk of delay ..."

"The mere fact that leave to file a demurrer is denied ..."

"When a court allows a demurrer to be filed it is like saying 'hmm...tingnan natin, pag-isipan natin, baka pwede.."

"Although it is not a sure thing, the chance to.."

 

That is why i said that the risk is there, no one is so sure how the court will act on your motion, be it a leave of court or demurrer. It could be favorable or it could be against the accused.

 

 

"No lawyer worth his salt will file a demurrer without leave of court..." And filing motion for leave would take some time to decide right?

"you can manifest to the court that you intend to file a demurrer..."

 

And assuming that right after your manifestation, your motion for leave of court was granted, when will you file your demurrer? the day after? two days, three..four...?how long would it take for the court to decide on your demurrer? a day after the filing of the demurrer?Improbable , is it not?

 

You have taken the chance e. Still that would cost you some period, be it short or a long one, and the fact remains that you put at risk your clients constitutional right.

 

"Insofar as the order granting the demurrer not being appealable since it would result in double jeopardy, where is the risk there?"

 

What gives your client the assurance that your demurrer will be granted?

 

The risk is more real in practice because the questions that have to asked are:

Can the accused afford to wait for the decisions on the motions?

Can you afford to loose the right to present evidence?

[cdma]

if you are the accused in a criminal case, why is there a risk in moving for a demurrer when you can ask for leave of court before filing one? risk-free yun di ba?the mere fact that the court grants you leave to file a demurrer is an indication that the case of the prosecution is not that strong, right?

<{POST_SNAPBACK}>

 

I agree that asking for leave of court and then filing a demurrer to evidence is sound strategy. To my mind filing a demurrer is for the benefit of the accused in most cases. The "delay" is more theoretical than real. It takes time to present defense evidence. The possibility of a favorable action on the demurrer negates the "lost" time.

 

I take exception to the generalization that once the court grants leave to file demurrer it indicates the evidence for the prosecution is not strong. But leave of court is a positive development, for the court is willing to take a look at the sufficiency of evidence.

[cdma]

hey xxxxx lawyers, was wondering if someone can help me with a predicament...

 

what legal action can i take against an employer who i think fired me for the wrong reasons?

 

your quick replies will be appreciated! thanks much!

<{POST_SNAPBACK}>

 

 

To constitute a valid dismissal from employment two requisites must concur:

 

a. The dismissal must be for any of the causes provided in Article 282 of the Labor Code, and,

 

b. The employee must be given an opportunity to be heard and to defend himself.

 

The two notice rule must be complied: There must be a notice stating the charges against an employee AND another notice of the decision to dismiss him.

 

Hence, if the termination was not in accordance with the above, the employee may file for Illegal Dismissal with claims for backwages, damages, and reinstatement.

 

Hope this helps.

[Fî$hKęŊ]

Mga Honor....tanong po

 

Legal po ba na humingi nang COE sa current company and previous company stating the complete and detailed job description and position/rank?? (like ako gagawa paparimahan ko lang sa kanila or via lawyer?)

[Fî$hKęŊ]

Is there such thing as Free Service Lawyer? Would you think if the service is Free, it will match the service of other Paid lawyers?

 

Just Curious

[council]

To constitute a valid dismissal from employment two requisites must concur:

 

a. The dismissal must be for any of the causes provided in Article 282 of the Labor Code, and,

 

b. The employee must be given an opportunity to be heard and to defend himself.

 

The two notice rule must be complied: There must be a notice stating the charges against an employee AND another notice of the decision to dismiss him.

 

Hence, if the termination was not in accordance with the above, the employee may file for Illegal Dismissal with claims for backwages, damages, and reinstatement.

 

Hope this helps.

<{POST_SNAPBACK}>

 

In the case of Agabon vs NLRC though, the SC ruled that non-observance of due process does not mean that the dismissal is illegal. The dismissal can still be considered legal provided there was just cause for termination.

[boibastos]

Is there such thing as Free Service Lawyer? Would you think if the service is Free, it will match the service of other Paid lawyers?

 

Just Curious

<{POST_SNAPBACK}>

 

Yes, there are. You have the Public Attorneys' Office which is supposed to give free legal services to the public. A Court may also appoint a counsel de officio in cases such as where a party cannot afford a lawyer. There's also the Free Legal Assistance Group (FLAG), I believe they handled Leo Echegaray among others.

 

There are some exceptional cases, but what I observed is (especially with the PAO) you get what you pay for.

[tobleron222]

hey honorable lawyers, was wondering if someone can help me with a predicament...

 

what legal action can i take against an employer who i think fired me for the wrong reasons?

 

your quick replies will be appreciated! thanks much!

<{POST_SNAPBACK}>

 

 

I think providing more specific data will help us give you a more specific answer. Your position and the reasons for termination will matter a lot in determining the proper legal action to take. The consequences of terminating managerial employee as compared to a rank and file are different.

[tobleron222]

Is there such thing as Free Service Lawyer? Would you think if the service is Free, it will match the service of other Paid lawyers?

 

Just Curious

<{POST_SNAPBACK}>

 

 

alternative

 

Legal aid office of some accredited law schools; wag na lang natin i-post un name

[tobleron222]

Mga Honor....tanong po

 

Legal po ba na humingi nang COE sa current company and previous company stating the complete and detailed job description and position/rank?? (like ako gagawa paparimahan ko lang sa kanila or via lawyer?)

<{POST_SNAPBACK}>

 

 

yup, legal na legal po, wala pong masama dun, in fact business community encourages the practice and the reason lies in the principle of reciprocity.

[Fî$hKęŊ]

maraming salamat tobleron ur honor.........

 

sabihin mo na lang sa akin sa wed

[vicaner]

guys i once posted a query here a while ago bout my media player, appreciated the response but i still havent been able to fix it. I still get the message : ' an internal application error has occured" and then nothing else. media player just doesnt run. i have winxp pro with sp2, media player 9 series. i have tried uninstalling it (no luck) tried deleting the media player files manually but for some reason, it keeps popping back in and i cant delete the folder itself "cannot delete windows media player: it is being used by another person or program" when i didnt even load it or used it! what the frag! tried wiping it with a couple of programs that i have that says it will permanently delete the files (no luck) uninstalling it through remove/add windows component. tried upgrading to windows media player 10 (still the same message after upgrade) what on earth should i do? tried uninstalling all my video codecs as well (for those who suggested this before tried it na rin, no luck) no worries naman kasi i use media player classic as my default player but i have some programs (microsoft encarta) that needs it to run. any more suggestions? thanks.

[Guest Leviticus]

guys i once posted a query here a while ago bout my media player, appreciated the response but i still havent been able to fix it. I still get the message : ' an internal application error has occured" and then nothing else. media player just doesnt run. i have winxp pro with sp2, media player 9 series. i have tried uninstalling it (no luck) tried deleting the media player files manually but for some reason, it keeps popping back in and i cant delete the folder itself "cannot delete windows media player: it is being used by another person or program" when i didnt even load it or used it! what the frag! tried wiping it with a couple of programs that i have that says it will permanently delete the files (no luck) uninstalling it through remove/add windows component. tried upgrading to windows media player 10 (still the same message after upgrade) what on earth should i do? tried uninstalling all my video codecs as well (for those who suggested this before tried it na rin, no luck) no worries naman kasi i use media player classic as my default player but i have some programs (microsoft encarta) that needs it to run. any more suggestions? thanks.

<{POST_SNAPBACK}>

^^^ Try to do the above procedures in SAFE MODE

[pogingpogi2x]

pwede ba magamit ang workstation na may windows 2000 OS na di mo alam yung admin password, o wala kang account? anyone?

[pogingpogi2x]

pwede ba magamit ang workstation na may windows 2000 OS na di mo alam yung admin password, o wala kang account? anyone?

<{POST_SNAPBACK}>

 

Loptop DELL Latitute LS

OS: windows 2000 pro

FDD: none

Cd: None

USB: 1

 

help anyone?

[Guest k....]

Loptop DELL Latitute LS

OS: windows 2000 pro

FDD: none

Cd: None

USB: 1

 

help anyone?

<{POST_SNAPBACK}>

pre it would help if you could tell us what acct type you're using to log on, or if youre connected to a domain and you have network admin accts/roaming admin profiles

 

have you tried logging in using the "Administrator" acct, and just leave the pword field blank? 80% of the time on laptops initial users dont mind setting a pword for this default local admin acct,

[Guest k....]

^^^ Try to do the above procedures in SAFE MODE

<{POST_SNAPBACK}>

yeah good thinking, safe mode. windows has this habit of "protecting" core OS files, i think this isnt the case in safe mode.

 

if you say you tried using 3rd party apps to delete the files to no avail, there might be a hard drive issue. try chkdsk /r ..but then again it just might be sys file protection that's keeping those files from getting deleted

 

tried WMP10? it might not be the player itself but some windows subsystem. you can always do a dirty reinstall/repair

 

and what do you exactly mean "classic WMP"? is that the 3rd party app? as far as i know XP doesnt let you run classic (v.6.4, et al) on XP, or anything less than WMP8 for that matter.

 

if all else fails, taena debug-fdisk-format-reinstall na!

[tobleron222]

sure, no prob

[pogingpogi2x]

pre it would help if you could tell us what acct type you're using to log on, or if youre connected to a domain and you have network admin accts/roaming admin profiles

 

have you tried logging in using the "Administrator" acct, and just leave the pword field blank? 80% of the time on laptops initial users dont mind setting a pword for this default local admin acct,

<{POST_SNAPBACK}>

 

already tried yung blank pass pero di pwede, guest acct is disabled... let say sum1 give u a loptop na may OS na windows 2000 pro, pero hinde nya sinabi yung password ng admin.. pano gagawin mo?

[vicaner]

bro leviticus - i was trying to do that actually as I have before encountered a malevolent program that doesnt want to get uninstalled and keeps popping back in the system (got rid of the sucker though by going into safe mode and thrashing it to hell from there) but unfortunately when I try to go to safe mode now my pc restarts itself for some reason, i get a glimpse of a message thingie that I dont get to fully read coz it starts up so fast. nothing is wrong with the system except for this two things = media player problem and not being able to go to safe mode. any more ideas? I'm planning to get a new hard drive and doing a fresh install but I want to know what the problem is.

 

kwol yep, thats the third party application which I use to play my manga movies and series (change subtitles/change audio : capabilities eh) also, i tried upgrading it to WMP 10 already as listed on the post but to no avail. and yep, I am currently in the market to get a new hard drive and do a fresh intall, back up that old hard disk and format the hell out that WMP 9 bastich.

Edited August 30, 2005 by vicaner

[R@v3n]

bro leviticus - i was trying to do that actually as I have before encountered a malevolent program that doesnt want to get uninstalled and keeps popping back in the system (got rid of the sucker though by going into safe mode and thrashing it to hell from there) but unfortunately when I try to go to safe mode now my pc restarts itself for some reason, i get a glimpse of a message thingie that I dont get to fully read coz it starts up so fast. nothing is wrong with the system except for this two things = media player problem and not being able to go to safe mode. any more ideas? I'm planning to get a new hard drive and doing a fresh install but I want to know what the problem is.

 

kwol yep, thats the third party application which I use to play my manga movies and series (change subtitles/change audio : capabilities eh) also, i tried upgrading it to WMP 10 already as listed on the post but to no avail. and yep, I am currently in the market to get a new hard drive and do a fresh intall, back up that old hard disk and format the hell out that WMP 9 bastich.

<{POST_SNAPBACK}>

 

Try disabling the automatic restart upon system failure so you can diagnose what is causing your computer to reboot when going into safe-mode. You can also just reformat the entire thing which is much faster and "easier" to do rather than trying to find the source of your problem. However, if the cause of your problem is a virus/corrupted installer, you may find that the problem will appear after a full format has been completed. :headsetsmiley:

[l3v3l]

already tried yung blank pass pero di pwede, guest acct is disabled... let say sum1 give u a loptop na may OS na windows 2000 pro, pero hinde nya sinabi yung password ng admin.. pano gagawin mo?

<{POST_SNAPBACK}>

 

ako, alam ko gagawin ko.. hehehee..

pwede ko reset yang password mo.. PM me for details.

pero may "Talent Fee"

[Guest k....]

ako, alam ko gagawin ko.. hehehee..

pwede ko reset yang password mo.. PM me for details.

pero may "Talent Fee"

<{POST_SNAPBACK}>

ngkz may talent fee

 

if this involves cracking sys dll's/hashed registry keys,,err ima bit touchy when it comes to that. i'd rather go through a reinstall. just my 2/c

[slayersburns]

try this : for xp/win2k (CREATE A NEW USERACCNT)

 

If you ever get any problems after running any scanning programs:

i.e. no taskbar, can’t open control panel, etc;

try booting into safe mode to check if the problem occurs there.

If the problem does not occur in safe mode, the problem may simply be with the customer’s user profile.

If this is the case, creating a new user profile may resolve the issue.

 

 

 

To create a new user profile:

 

 

 

1.Log on to a working profile e.g. Administrator profile in safe mode

open control panel

click on user accounts > create a new account (category or classic view) or click on run > nusrmgr.cpl

Run through the wizard and the new user account should be finished.

 

 

After creating the user profile,

you may need to assist the customer in transferring his

files to the new profile. To do this, you will need to run the file and transfer wizard:

 

 

 

I. To backup the files, you will need to logon on to the old profile:

(This is assuming you can AT LEAST pull up task manager in the old profile.)

 

 

 

click on start > all programs > accessories > system tools > file and settings transfer wizard OR if you are using task manager,

click new task under the application tab and type migwiz.exe

click next on window

choose old computer

choose other > in the blank box, type c:\new then click on next

It will prompt “The path does not exist. Do you want to create it?” click on yes.

click on “files only” then next

This will create a backup of the files into the c:\new folder

 

 

II.To restore the files, logon to the new profile:

 

 

 

click on start > all programs > accessories > system tools >

file and settings transfer wizard OR if you are using task manager,

click new task under the application tab and type migwiz.exe

 

click next on window

choose new computer

choose “I don’t need the wizard disk…” (4th option)

choose other, type c:\new in the empty box

Let the wizard finish transferring the files and you should be done.

[totoybola]

cdma, i agree with your take on demurrer.

 

tobleron, medyo malabo po.