legal Free Legal Advice

[thunderboy123]

yung Estafa under RTC if ever na macoconvict ang accused (around Php180,000 only) may kulong ba cya? how many years, and if ever magaapeal yung accused, nakakulong ba cya habang inaappeal?

[ElRey]

I need help, I have a wi-fi adaptor (3com) for my pc connected to air express in an office outside my office (a few meters away)...

 

i connect quite low in signal strength and get kicked out frequently,

 

sometime a message flashes that "there are more wireless connections" when it detects another wireless switch in the building, and seemingly it kicks me out...

 

it's frustrating...

 

are my settings wrong? what's going on? every ten minutes siguro na-ki-kick out ako.. i don't think it's the signal strength naman, just when it detects that other hub..

 

help!

Edited October 5, 2005 by ElRey

[ElRey]

Question number 2: computer manyaks...

 

I'm in the market for a laptoP::::

 

choice number 1: Apple Mac 12" combo drive (no dvd writer, is this absolutely essential?) 1.33 GHZ pwer pc G4 80mb HDD (should i opt for more)

 

this will cost approx. P72K in singapore...

 

or just a regular run of the mill PC laptop which costs around there, if not even more...

 

come on boys and girls, pros and cons, help me make an intelligent decision...

[oliverjohnholmes]

yung Estafa under RTC if ever na macoconvict ang accused (around Php180,000 only) may kulong ba cya? how many years, and if ever magaapeal yung accused, nakakulong ba cya habang inaappeal?

<{POST_SNAPBACK}>

 

From the Revised Penal Code:

"Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be."

 

Since the amount is Php 180,000, the Court in its discretion may impose the maximum penalty (twenty years). Applying the above provision, since the amount is above 22,000, then the maximum of prision mayor in the minimum is imposable (6 years and 1 day). Since the amount exceeds Php 22,000, then one year for every Php 10,000 increment, so roughly that's Php 138,000 (180 less 22). So that's 14 years, and since the provision determines a year added for any amount above the threshold of Php 22,000 then that's 14 years. Plus the initial 6 years and 1 day, then the total imposable penalty by virtue of the amount is above the twenty year maximum allowed by the law. The judge, in its infinite wisdom, can apply the twenty year penalty, but may opt not to. Now I say this is possible since it is still the discretion of the RTC judge on what is the penalty imposable as it is the trier of the facts.

 

Bail is allowed as a matter of right except when evidence of guilt is strong. Now since the person has been convicted by the lower court, then evidence of guilt is not only strong, but has been proven beyond reasonable doubt. By strict application, bail is denied outright, but may still be allowed. After all, anything can happen.

 

I hope this helps.

 

[thunderboy123]

From the Revised Penal Code:

"Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, and in connection with the accessory penalties which may be imposed under the provisions of this Code, the penalty shall be termed prision mayor or reclusion temporal, as the case may be."

 

Since the amount is Php 180,000, the Court in its discretion may impose the maximum penalty (twenty years). Applying the above provision, since the amount is above 22,000, then the maximum of prision mayor in the minimum is imposable (6 years and 1 day). Since the amount exceeds Php 22,000, then one year for every Php 10,000 increment, so roughly that's Php 138,000 (180 less 22). So that's 14 years, and since the provision determines a year added for any amount above the threshold of Php 22,000 then that's 14 years. Plus the initial 6 years and 1 day, then the total imposable penalty by virtue of the amount is above the twenty year maximum allowed by the law. The judge, in its infinite wisdom, can apply the twenty year penalty, but may opt not to. Now I say this is possible since it is still the discretion of the RTC judge on what is the penalty imposable as it is the trier of the facts.

 

Bail is allowed as a matter of right except when evidence of guilt is strong. Now since the person has been convicted by the lower court, then evidence of guilt is not only strong, but has been proven beyond reasonable doubt. By strict application, bail is denied outright, but may still be allowed. After all, anything can happen.

 

I hope this helps.

 

[/fo

<{POST_SNAPBACK}>

 

 

Thanks for the info and explanation.

[cheesekeso2004]

Question number 2:  computer manyaks...

 

I'm in the market for a laptoP::::

 

choice number 1:  Apple Mac 12" combo drive (no dvd writer, is this absolutely essential?) 1.33 GHZ pwer pc G4 80mb HDD (should i opt for more)

 

this will cost approx. P72K in singapore...

 

or just a regular run of the mill PC laptop which costs around there, if not even more...

 

come on boys and girls, pros and cons, help me make an intelligent decision...

<{POST_SNAPBACK}>

 

Can't help you with your 1st question kahit wifi din gamit ko... but I'll try to help you with this question.

 

It will really depend with what you need... ask yourself, will you be playing games here? are you more concerned with the weight than performance? are you more concerned with the brand than performance? Will this be used for entertainment or for business only or for both? Do I want a laptop that does desktop capabilities?

 

Anyway, I suggest just getting the Whitebox if you're going to buy a laptop here in the Philippines. Why? Heck, all the parts and almost all laptops are made in one same place, and it is assembled like a desktop (so, its chop chop ) So if its chop chop, it means that what a generic laptop has is also what a branded laptop has, except for the casing.

 

Imagine this... a 120-150k branded laptop will have the same specs as a 70-80k whitebox laptop

 

But in the end, its your choice

[freelicker]

 

once a company has declared a position as redundant, is it forever barred from re-opening the declared redundant position for future employment?

 

been looking..and as i said, labor real rusty....

 

<{POST_SNAPBACK}>

 

Redundancy is a question of whether the function is already being or can be performed by another function or whether it is still useful to the company given the circumstances of the company and the position. Thus, even if it is considered redundant today, it may no longer be redundant in a few years when the conditions change.

 

Of course, from the labor law perspective, the re-opening of the redundant position at a time very near the closing thereof and termination of the person occupying the same may constitute as illegal termination. But if the re-opening occurs a year or two later, then it may be justifiable.

[oliverjohnholmes]

Redundancy is a question of whether the function is already being or can be performed by another function or whether it is still useful to the company given the circumstances of the company and the position.  Thus, even if it is considered redundant today, it may no longer be redundant in a few years when the conditions change.

 

Of course, from the labor law perspective, the re-opening of the redundant position at a time very near the closing thereof and termination of the person occupying the same may constitute as illegal termination.  But if the re-opening occurs a year or two later, then it may be justifiable.

<{POST_SNAPBACK}>

 

thanks for the wisdom...

if my latin is right...it is in caeteris paribus

[cyber_princesa26]

hi. ask ko lang po. what do i need to do to file financial support for my 2 kids. my son is already 9 1/2 and my daUGHTER is turning 8 yrs. old. my exhubby and me have been separated for 6 yrs now and it was only this year that he started giving money for the kids. he's a seaman and his mistress is the one who gets his allotment. is it possible for me to demand 50% of his salary to be directly sent to me? becoz wats happening is that his mistress is the one who gives me the money and she's really a bitch! making me and my kids feel that she's the legal wife chuva. and also, can i demand that he supports his children's full education? all of the legal attorneys inside the house, i need your guidance and advices. thanks so much...

[captainmi2]

hi! sana masagot nyo tanong ko?

 

meron kamag anak ung wife ko, nagforged sya ng papers, naka notaryo pa? makakasuhan ba sya at ang taong nag notaryo d2? kung cno man ung pumirma ng peke?

[wildswans]

good day. i have some questions regarding a case.

 

the brother of my gf together with 3 househelps(all guys) recently moved in a new rented place somewhere in tarlac. 3 days after, around 3-4am, they heard a commotion outside. one of the househelp went outside to check and was greeted by another tenant/landlord with a punch. the brother of my gf followed and received the same treatment. there were cops accompanying the tenant and the brother of my gf & another househelp were accused by the young live-in partner of the tenant of rape. so they were hauled to jail and a case was filed in fiscal.

 

the tenant was actually the relative of the landlord so he's like the one sort of managing the place.

 

her brother assured everyone of his relative that he didn't commit the rape and was a victim of a frame up. the girl underwent medical examination but came out negative. the brother underwent medical examination as well but my gf was not sure for what purpose. my gf doesn't believe the girl was rape coz she talked to the girl about the incident and the girl was "mataray" and "taas nuo" while talking. the girl didn't even cry nor showed any signs of trauma.

 

my gf is suspecting that money is the motive coz when her brother moved in there were no electricity and the tenant/landlord ask for about 2,300 as payment for electricity and at one point borrowed P100 from her brother for food. they also suspect that the tenant must've overheard the brother telling his househelp that her mother might be sending in some money so maybe the tenant thought it to be a big amount and made this accusation hoping for a cash settlement.

 

now, can the cops just arrest them without warrant? will this be a complicated case? can this kind of case be filed right away in fiscal? how long will the process take? any tips on what they should do aside from getting a lawyer?

[JUPITER]

You should Alwaysconsider product support of any gadget you buy. It may look cheap in terms of initial price but if you encounter a problem with the cheap device later on / during use[in this case, Laptop], you'll end up spending thousands for a paperweight.

[chopsaki]

You should Alwaysconsider product support of any gadget you buy. It may look cheap in terms of initial price but if you encounter a problem with the cheap device later on / during use[in this case, Laptop], you'll end up spending thousands for a paperweight.

<{POST_SNAPBACK}>

 

I agree with this 100%, but if your confident enough that you can find for yourself someone to help you in case a problem occurs, by all means get something that smack right your budget.

[bonito99]

hi! sana masagot nyo tanong ko?

 

meron kamag anak ung wife ko, nagforged sya ng papers, naka notaryo pa? makakasuhan ba sya at ang taong nag notaryo d2? kung cno man ung pumirma ng peke?

<{POST_SNAPBACK}>

 

 

Oo. makakasuhan silang lahat.

[bonito99]

good day. i have some questions regarding a case.

 

 

now, can the cops just arrest them without warrant? will this be a complicated case? can this kind of case be filed right away in fiscal? how long will the process take? any tips on what they should do aside from getting a lawyer?

<{POST_SNAPBACK}>

 

based on your facts:

 

1. No they can't.

 

2. No, it's not complicated. Expensive, but not complicated.

 

3. Fiscal or Municipal Judge should conduct a Preliminary Investigation. Normally it'll take 60 days or so, but do not rely on that.

 

4. They SHOULD get a lawyer. And File admin cases against the policemen and a criminal case against the "victim".