Jump to content

Free Legal Advice


Butsoy

Recommended Posts

good pm guys! ive sent a demand letter of support to my exhubby and he received it yesterday but instead of meeting us for a possible negotiations, nagmatigas pa cya. obviously, he doesnt know anything about negotiations or compromise. he's insisting that he cant afford to give the financial support that im asking but that's where the negotiation will come in right? what should i do kung ayaw nya tlgang makipagkita for negotiations? i even told him to get his own lawyer if he wants para mas madali samin. help po pls... thanks...

 

send him another demand letter, include therein his first refusal...indicate that if he fails to meet and negotiate you would be constrained to seek redress in the proper legal venue...have it received by him formally...

 

if he still refuses, then file a petition for support in the RTC where you are residing...then get a lawyer to help you with it...

Link to comment

Thanks oliver :) actually, i already have a lawyer and she was the undersigned in the demand letter that ive sent. the problem is that, he's a seaman and he's living in a week's time so am not sure if he will still receive the 2nd demand letter. the 1st demand letter was a registered mail and it took 5 days for him to receive it. ive texted him again today and asking him if we could discuss the matter with my lawyer on monday. feeling nya kasi pinipilit ko cyang ibigay ung amount na un. willing naman akong babaan ung amount ng financial support. i just would like everything to be in black and white na lang.

Link to comment
guys what program can i use to decode my DVD Movies and convert it into divx or that i could play it in my computer without the dvd in my dvd rom drive. thanks!

 

just download "DVD decrypter" (i think its free) and you can rip DVD movies right away. Important, if you're planning to burn the ripped movie, always disable the macrovision protection when you rip DVD movies. java script:emoticon(':cool:')

Link to comment
eto question, in light of the quality of governance we've had over the years:

 

can you sue the government? i'm not talking about through the ombudsman here, i mean a private citizen suing the government. can it be done? has it been done?

 

for example, recently in Sta. Mesa. There was a giant hole in the street and the government did nothing about it, not even providing a barrier and warning signage. Late one night, a motorcycle and a car fell in it, the car was heavily damaged - i don't know what happened to the motorcycle, but it must have been worse.

 

so i'm thinking, kawawa naman sila, can you sue the government for damages?

 

 

In the case you gave, the city of Manila can be sued but only because the charter of Manila allows it to be sued. Generally, the state and its agents are immune from suit. As stated in Municipality of San Fernando vs Firme:

 

"The doctrine of non-suability of the State is expressly provided for in Article XVI, Section 3 of the Constitution, to wit: "the State may not be sued without its consent."

 

Stated in simple parlance, the general rule is that the State may not be sued except when it gives consent to be sued. Consent takes the form of express or implied consent."

 

The same case also differentiated suability and liability. Citing US vs Guinto, "Suability depends on the consent of the state to be sued, liability on the applicable law and the established facts. The circumstance that a state is suable does not necessarily mean that it is liable; on the other hand, it can never be held liable if it does not first consent to be sued. Liability is not conceded by the mere fact that the state has allowed itself to be sued. When the state does waive its sovereign immunity, it is only giving the plaintiff the chance to prove, if it can, that the defendant is liable."

Link to comment
Thanks oliver :) actually, i already have a lawyer and she was the undersigned in the demand letter that ive sent. the problem is that, he's a seaman and he's living in a week's time so am not sure if  he will still receive the 2nd demand letter. the 1st demand letter was a registered mail and it took 5 days for him to receive it. ive texted him again today and asking him if we could discuss the matter with my lawyer on monday. feeling nya kasi pinipilit ko cyang ibigay ung amount na un. willing naman akong babaan ung amount ng financial support. i just would like everything to be in black and white na lang.

then have it by personal service instead of mail due to the exigency...all you need is an affidavit of the person who served the said document in order to describe the circumstances therein...mail is used because of the presumption of regularity of performance of duties...but we all know how unrelianble sending a letter ny post is here...also it would indicate in the returnmn card as to when service was actually made which is undisp*table to a certain extent in court...

 

good luck...

Link to comment
  • MODERATOR

PRESS RELEASE

Basketball Association of the Philippines

 

BAP President JOEY LINA

17 November 2005

Ref: LITO ALVAREZ

 

Deputy Secretary General, BAP

 

Tel. No. 854 ****

 

On with basketball in SEA Games

as court COMMANDs the POC to reinstate the BAP

 

 

 

Manila Regional Trial Court Judge Manuel Barrios “commanded” today in a ruling the Philippine Olympic Committee (POC) to reinstate to its roster of members the Basketball Association of the Philippines (BAP) thus, paving the way for the holding of basketball in the SEA Games and enabling the Philippines to defend its five-time consecutive SEA Games basketball crown against the best and the brightest basketball players in the Southeast Asian Region.

 

BAP President Joey Lina warmly welcomed the court decision saying, that “the Filipino people whose national favorite sport is basketball are definitely ecstatic over this development.”

 

“On behalf of our basketball-adoring countrymen, I appeal to the POC to immediately comply with the court’s order and e-mail or fax the Federation Internationale de Basketball (FIBA) about the BAP reinstatement so that the FIBA can announce to the affiliate FIBA members in the region that the suspension on the Philippines is lifted.

 

“If POC complies soonest with the Court’s order and informs FIBA about it, FIBA’s suspension on the Philippines is automatically lifted then the Philippine Olympic Committee must inform the other SEA Games Council’s National Olympic Committee (NOC) members, using the fastest means of communication available, that the Philippines can already organize the basketball games as part of the SEA Games Calendar of Events.”

 

Earlier FIBA has repeatedly committed that the suspension on the Philippines will be automatically lifted once the BAP is reinstated by the POC.

 

BAP has been in touch with other SEA countries that have submitted their basketball line-up to the Philippine Southeast Asian Games Organizing Committee (PHILSOC) and was assured that they are ready to send their teams to the Philippines once a go-signal is given to them by the NOCs of their countries.

 

The BAP assures the POC that it has prepared a contingency plan for holding the basketball games, including the venues and other technical requirements. The BAP has also continued the training of its players even if there was no certainty of having basketball in the 2005 SEA Games.

 

“We have a very good chance of defending our title.” Lina said.

 

The BAP “is sincerely extending its hands of peace and reconciliation to the POC for the sake of peace and unity in basketball, and for the country’s national pride.”

 

Our people would have be terribly disappointed if there is no basketball in the SEA Games especially because the Games will be held here and that the Philippines is the reigning basketball champion and undefeated in the last five (5) SEA Games.

 

Lina, meantime commended the BAP father and son legal team, Atty. Bonifacio Alentajan and Atty. Carlo Alentajan for representing BAP during the hearing of the case filed by the BAP against POC.

Link to comment

 

whether the complainant shows up or not, arraignment would still prosper and the case would still be heard... the central character in the arraignment is the accused, and judicial process now takes over from the private complainant... as such, even if the complainant is not present, the presence of the public prosecutor (fiscal) suffices as representation for the plaintiff side... now, your friend's counsel may have two options available: a. move for reinvestigation and hopefully at reinvestigation, since you do say that complainant would not appearas it appears it is a 'frame-up", your friend's lawyer may move for default and/or have the case dismissed for failure to prosecute at the prosecutor's level at reinvestigation... Or b. at the arraignment, or anytime before that, have the private complainant issue an affidavit of desistance so that there would be no need for any further process...

 

the absence of the plaintiff would not ensure the dismissal of the case... what is imperative is the submission to the court with jurisdiction over the matter of either a pleading or act which shows withdrawal of the complaint by the private party...though the case may still prosper especially if the charge is a malum prohibita law but since you did say there is a private complainant, then maybe the case would just be a blemish on his record...

 

i hope this helps...

 

oliverjohnholmes,

 

according to my gf, they went to the hearing yesterday but their lawyer had a talk with the judge and the proceeding was postponed. their lawyer wants a reinvestigation of the case and the next hearing is scheduled for february next year. does a reinvestigation really take that long? is there any better way?

Link to comment
oliverjohnholmes,

 

according to my gf, they went to the hearing yesterday but their lawyer had a talk with the judge and the proceeding was postponed. their lawyer wants a reinvestigation of the case and the next hearing is scheduled for february next year. does a reinvestigation really take that long? is there any better way?

 

what is scheduled is the hearing on the motion for reinvestigation whether or not it would be given due course...after such hearing will the reinvestigation be allowed by ordering the public prosecutor to go through investigating if there is probable cause...the delay is due to the sheer number of cases (usually there is a three month turn over rate) and the extended holidays we celebrate here in the Philippines...

 

Link to comment

 

what is scheduled is the hearing on the motion for reinvestigation whether or not it would be given due course...after such hearing will the reinvestigation be allowed by ordering the public prosecutor to go through investigating if there is probable cause...the delay is due to the sheer number of cases (usually there is a three month turn over rate) and the extended holidays we celebrate here in the Philippines...

 

 

my god. i thought the 3month period was the reinvestigation process afterwhich the hearing is for the findings in the reinvestigation, not the case pala. that means my gf will be force to stay in the province much longer than i think and ldr sucks! oh well...time to decide na.

 

btw, is it much better to have a reinvestigation that to proceed with the hearing yesterday?

 

thanks.

Link to comment

see agentjackbauer's reply to that...

 

if you are thinking about it..it would be better if you think twice or even three more times before doing it...or having anyone around you do it...

 

if you want to get philosophical on the topic...there would have to be a discussion on the political theory (Social Contract or Leviathan) each member of the body politic enters into...but in essence the violation of the law is the violation of the peace of society, now violation of the law and the prosecution of such violation are two very different things...but i digress and that seems too far off the topic...

 

as it were, i second agentjackbauer and the attendant circumstances may alter the crime committed (for example if the elder is a relative or a position of authority over the person...secondly if the parents of the girl opts to file a different case altogether, on the basis that she is still a minor)...too many factors have to be considered, so a full answer cannot be provided unless and until a better picture is painted for the "high priests of the temple of justice"...

 

Nope not a relative but you know what... it seems that it enlightens me now. So I really appreciate your replies sir oliver and ser agentjack... Many thanks to you all!

Link to comment
  • MODERATOR
I doubt Cojuanco will give in. POC would appeal and the order to reinstate would have to wait. Officials in sports are stubborn and don't like losing. Specially sports officials who are also politicians.

 

 

The preliminary mandatory injunction is effective immediately. In substance, POC filing an appeal would be without any merit.

 

@OJH: hero who? tito? ;)

Link to comment
I've seen enough of those. Mis-flashed systems that couldn't boot at all, even not showing anything on the screen. The only thing they could do was beep a number of times, indicating an error with the BIOS.

 

A co-worker of mine caused two of those problems. One by flashing a motherboard with the wrong BIOS and ignoring all warnings .. the other was not totally his fault as there was a power-failure during flashing.

 

Both systems couldn't boot anything anymore and wouldn't even show anything on screen.

 

hence my theories become facts. not even a floppy boot. HAH!

 

Hehe .. that wouldn't be a big problem, just a lot of clicking on yes. And if its indeed the folders under document and settings, that would be a lot of clicking yes. The admin can always take control, even when deny permissions are present .. it just takes a lot of perseverance in having to acknowledge every permission change to files and folders.

 

Even for the %hostname%\Administrator object, where Deny permissions have explicitly defined, cannot take ownership of any file/folder/share. This is true for any other objects either in the local workstation or those defined in the network. Case in point: I one defined a Deny permission for the %hostname%\Administrators (note the 's'- it's a group, not the default admin Windows creates on install) on my local account, not realizing I'm an administrator myself- result: right after clicking the last OK, I lost all my stuff. LOL

Link to comment
tanong ko lang mga bro.. ano gamit niyo pang performance evaluation ng PC? at anong utility gamit niyo pang-burn in ng PCs ? (ung heavy duty burn-in at automated meaning i can leave it overnight without user intervention going from one test to another)

:)

 

MicroStation ..

 

:)

 

can check, CPU,MB,Floppy,IDE controllers,Memory,HD,VGA,Sound,Ethernet

Link to comment
hence my theories become facts. not even a floppy boot. HAH!

 

 

Even for the %hostname%\Administrator object, where Deny permissions have explicitly defined, cannot take ownership of any file/folder/share. This is true for any other objects either in the local workstation or those defined in the network. Case in point: I one defined a Deny permission for the %hostname%\Administrators (note the 's'- it's a group, not the default admin Windows creates on install) on my local account, not realizing I'm an administrator myself- result: right after clicking the last OK, I lost all my stuff. LOL

 

Yup, not even a floppy boot. Those pc's could only be recovered by replacing the bios chip.

 

An administrator is always able to take control of files and folders. Even when permissions aren't in place or have been explicitly denied. You can always take ownership back of files and folders .. and so resetting permissions to get rid of those pesky deny permissions.

 

There's just one exception to the above and that is when in the local or group policy the right to take control back has been removed. But no sane administrator would do that, besides you can always put that policy back in effect again.

 

What you did is probably something else. I'm guessing you locked yourself out by changing permissions in the "document and setting" folder. This doesn't change the rights that an administrator has to take control back, it just made it a whole lot more difficult.

Link to comment
my god. i thought the 3month period was the reinvestigation process afterwhich the hearing is for the findings in the reinvestigation, not the case pala. that means my gf will be force to stay in the province much longer than i think and ldr sucks! oh well...time to decide na.

 

btw, is it much better to have a reinvestigation that to proceed with the hearing yesterday?

 

thanks.

after back reading the thread, i have to re-qualify my previous post on the matter...

 

you did say arraignment was the order of business in the last court hearing...from what you have provided a new hearing is set for reinvestigation...what may have occurred is either of the two..what i did describe in my last post ( that the whole matter is postponed and the motion for reinvestigation would still be heard on the next hearing) or your lawyer making an oral motion for reinvestigation of the matter, thus staying the arraignment and the next scheduled hearing would be the Court hearing the results of the reinvestigation and determining if there is probable cause...bail is not an option since certain options are waived when availed of...

 

if the court accepts the oral motion, the case is then referred back to the prosecutor for the determination of probable cause...the reinvestigation is then scheduled by the prosecutor...this can be done by examination of the complainant and witnesses and documentary evidence already submitted and any new evidence which may be propounded in such hearing...

 

so there, just to clarify the events which may have occurred...what would be best is to ask your gf to get a full file of the proceedings from the lawyer and the Court itself through the tsn...

 

i hope this clarifies the matter...

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...