legal Free Legal Advice

[fauxhead]

Precisely. So, why press charges, criminal or civil?

 

Napapagod din yung mga collection agencies na yun. Pag alam nilang wala talagang mapipiga, titigilan ka rin. Most agreements between banks and collection agencies are on a commission basis kaya hindi sila mag-aaksaya ng laway kapag wala talaga.

 

Nangutang ka, magdusa ka.

 

Just go after the individual pests via criminal complaints.

 

You owe money already, so why spend more?

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[jopoc]

Yup, pasok sa unjust vexation. You file the case against the one collecting against you. I assume that would be the collecting agency  HSBC hired. You must get the name of the one persistently calling and bugging you.

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with due respect sir....

query lang po

 

1. how does a threat of filing a suit fall under unjust vexation???

2. assuming that you can file a criminal suit, why cant you include the officers of the company for 2 practical reasons? a: They are principals by inducement (or indispensable cooperation), and b: to harass the officers to settle? pretty sure the call center agent cannot pay damages

3. lastly, if its a criminal case, how can you prove unjust vexation over the phone? what proof can you give? remember they must be found guilty beyond reasonable doubt.

 

peace!

[Kurtsky Keigee]

Mga bro san pde mag pa print sa DVD/CD's ko?

Meron ba nun?

Kasi ung mga binuburn kong DVD eh white, meron bang nag priprint direct on DVD/CD

Ung parang service na may bayad?

La kasi akong printer with direct CD printing eh?

[marc_7]

im getting cross-eyed trying to read thru all the posts just to see if my question has already been asked, so im gonna ask nlang ngayon:

 

a friend of mine (female) was scheduled to get married this August; they have already announced it, both sides of the family knows it already. Yung partido ng girl naghahanda na (gown, flowers, caterers, etc). My friend even talked to the supposed to be Ninongs and Ninangs.

 

Yung BF nung girl came back from a 2-yr stint abroad only to break the engagement. To add insult to injury, he came back with his new gf in tow. Note that he didnt mention any of this even a month before he returned (my friend has been good and behaved the whole time that she was waiting, so there's no reason for the dumb-ass BF to pull a stunt like this).

 

AND.. to top it all, he's asking back all of the gifts (laptop, digicam, etc) that he sent to my friend while they were a couple. Ni walang consideration sa trouble that my friend had to go thru just to prepare for their supposed wedding (my friend even placed a down payment on a house that they were planning to purchase).

 

Question:

 

All the love that my friend had for the guy has turned into rage. She wants to know if she could file for damages due to the emotional stress that she had to go through only to be dumped this close to the wedding. What specific case can she file, and what penalties will the guy be facing in case my friend wins?

 

Thanks in advanced for any helpful info that you could send our way. :goatee:

[bonito99]

yes, lyssahot. it's a legal help desk.

 

It's proper to advise bathala to pay his debts.

 

It's also proper for collection agencies to conduct their business in a more professional manner.

 

And as for our case, their means became excessive.

 

The amount is irrelevant.

[bonito99]

Unlike before, the institution of criminal cases would also entail the payment of filing fees, although not as much as the filing fees for civil cases, well you probably know that as well.

 

Precisely. That's why I said "why spend more?".

 

Further, since the act of calling you for collection purposes is precisely the function of these credit collection agencies, I doubt if it would fall under "unjust vexation". More importantly, the persons calling you are just doing their job, albeit a bit overzealous. It is quite unfair if you slap them with criminal complaints for doing their job. Lastly, since the act done was in the performance of an official capacity, your cause of action is really against the company per se. If there is no specific provision providing for criminal liability for the officers of the corporation, then, I humbly submit that the employees or the officers could not be held criminally liable.

<{POST_SNAPBACK}>

 

Case to case basis, counsel.

[bonito99]

im getting cross-eyed trying to read thru all the posts just to see if my question has already been asked, so im gonna ask nlang ngayon:

 

a friend of mine (female) was scheduled to get married this August; they have already announced it, both sides of the family knows it already. Yung partido ng girl naghahanda na (gown, flowers, caterers, etc). My friend even talked to the supposed to be Ninongs and Ninangs.

 

Yung BF nung girl came back from a 2-yr stint abroad only to break the engagement. To add insult to injury, he came back with his new gf in tow. Note that he didnt mention any of this even a month before he returned (my friend has been good and behaved the whole time that she was waiting, so there's no reason for the dumb-ass BF to pull a stunt like this).

 

AND.. to top it all, he's asking back all of the gifts (laptop, digicam, etc) that he sent to my friend while they were a couple. Ni walang consideration sa trouble that my friend had to go thru just to prepare for their supposed wedding (my friend even placed a down payment on a house that they were planning to purchase).

 

Question:

 

All the love that my friend had for the guy has turned into rage. She wants to know if she could file for damages due to the emotional stress that she had to go through only to be dumped this close to the wedding. What specific case can she file, and what penalties will the guy be facing in case my friend wins?

 

Thanks in advanced for any helpful info that you could send our way.  :goatee:

<{POST_SNAPBACK}>

 

Landmark case: Wassmer versus Velez.

General rule: Breach of a promise to marry is not actionable.

Exception: when the offended party incurred costs based on that promise of marriage. (wedding costs, invites, etc.)

[bonito99]

You friend can file a civil case for damages against her former-future-ex husband.

[bonito99]

Precisely. So, why press charges, criminal or civil?

 

Napapagod din yung mga collection agencies na yun. Pag alam nilang wala talagang mapipiga, titigilan ka rin. Most agreements between banks and collection agencies are on a commission basis kaya hindi sila mag-aaksaya ng laway kapag wala talaga.

 

Nangutang ka, magdusa ka.

<{POST_SNAPBACK}>

 

 

Kung may katwiran, ipaglaban mo.

 

Although it sounds cheesy, it really hits the spot.

 

You have to defend the interests and the rights of your clients.

 

 

If you can settle matters over coffee, then good.

 

Otherwise, we don our suits and barongs and go to court.

[agentjackbauer]

with due respect sir....

query lang po

 

1. how does a threat of filing a suit fall under unjust vexation???

2. assuming that you can file a criminal suit, why cant you include the officers of the company for 2 practical reasons? a: They are principals by inducement (or indispensable cooperation), and b: to harass the officers to settle? pretty sure the call center agent cannot pay damages

3. lastly, if its a criminal case, how can you prove unjust vexation over the phone? what proof can you give? remember they must be found guilty beyond reasonable doubt.

 

peace!

<{POST_SNAPBACK}>

 

 

 

With all due respect my dear Jopoc, you will realize in time that the actual practice of law is a wee bit different from the mere study of it. The nuances of legal practice, which I do not assume to have fully learned, can only be understood through actual experience. But I fully trust you will get to that, all in due time.

 

First off, it is NOT the threat of filing a suit which is considered vexing. It is the manner in which collecting agencies conduct their affairs which may be deemed so. Some collecting agencies resort to humiliating the people they collect from. Some resort to telling a person's officemates or neighbors that he is deeply indebted to a credit card company. Some call relentlessly, even in the late hours of the evening or early morning thus resulting to a general lack of peace of mind for the person subject of the collection efforts.They aim to bug andf vex you just so you'd pay up. If these circumstances are present, I have no doubt in my mind that, at the very least, probable cause for unjust vexation exists. I have personally handled a case for a personal friend once and the public prosecutor sustained our contention. Bonito's client is also an example that this remedy is available for people who are relentlessly being bugged by these collecting agencies. Indeed, while a person who has a credit card debt should indeed settle his obligations, the collecting agencies should also bear in mind that they must conduct their affairs in a just and professional manner.

 

Secondly, although you may of course include the officers of a corporation in the suit, I doubt if you can prove that probable cause exists to hail them to court for unjust vexation. My contention is consistent with the principle enunciated in the case of Sia vs. People (G.R. No. L-30896) which stated thus (in criminal cases):

 

"In the absence of an express provision of law making the petitioner liable for the criminal offense committed by the corporation of which he is a president as in fact there is no such provisions in the Revised Penal Code under which petitioner is being prosecuted, the existence of a criminal liability on his part may not be said to be beyond any doubt."

 

The principles of "principals by inducement or indispensable cooperation" do not apply.

 

As for your last question, you may refer to my answer to your first query. In the case of the person who first asked the question in this thread ( I forgot who), he does not even know the name of the person calling and bugging him that is why he was advised to get a/the name. I also answered that question in general terms, not merely limiting myself with the phone calls. Nonetheless, the persistent and humiliating phone calls alone would suffice for the filing of a case but, again, one has to get a name.

 

Lastly, I agree with Lyssahot. If you owe someone, the best thing to do is to pay up. But then again, collecting agencies should bear in mind that there are limits of basic human deceny within which they must conduct their affairs. The legal profession demands that a client is entitled to the best legal help/advise his lawyer can give and if Bonito's ploy worked for his client in that it resulted (or may result) in a compromise, then well and good. In actual practice, this sort of ploy is more often than not some sort of leverage. One has to be creative within the bounds of the law.

 

Peace.

Edited June 11, 2006 by agentjackbauer

[agentjackbauer]

Kung may katwiran, ipaglaban mo.

 

Although it sounds cheesy, it really hits the spot.

 

You have to defend the interests and the rights of your clients.

If you can settle matters over coffee, then good.

 

Otherwise, we don our suits and barongs and go to court.

<{POST_SNAPBACK}>

 

 

I coudnt agree with you more panero. First, try to avoid going to court. But if that doesnt work, we don our barongs and give the other party hell, haha :thumbsupsmiley:

[jopoc]

With all due respect my dear Jopoc, you will realize in time that the actual practice of law is a wee bit different from the mere study of it. The nuances of legal practice, which I do not assume to have fully learned, can only be understood through actual experience. But I fully trust you will get to that, all in due time.

 

First off, it is NOT the threat of filing a suit which is considered vexing. It is the manner in which collecting agencies conduct their affairs which may be deemed so. Some collecting agencies resort to humiliating the people they collect from. Some resort to telling a person's officemates or neighbors that he is deeply indebted to a credit card company. Some call relentlessly, even in the late hours of the evening or early morning thus resulting to a general lack of peace of mind for the person subject of the collection efforts.They aim to bug andf vex you just so you'd pay up. If these circumstances are present, I have no doubt in my mind that, at the very least, probable cause for unjust vexation exists. I have personally handled a case for a personal friend once and the public prosecutor sustained our contention. Bonito's client is also an example that this remedy is available for people who are relentlessly being bugged by these collecting agencies. Indeed, while a person who has a credit card debt should indeed settle his obligations, the collecting agencies should also bear in mind that they must conduct their affairs in a just and professional manner.

 

Secondly, although you may of course include the officers of a corporation in the suit, I doubt if you can prove that probable cause exist to hail them to court for unjust vexation. My contention is consistent with the principle enunciated in the case of  Sia vs. People (G.R. No. L-30896) which stated thus (in criminal cases):

               

        "In the absence of an express provision of law making the petitioner liable for the criminal offense committed by the corporation of which he is a president as in fact there is no such provisions in the Revised Penal Code under which petitioner is being prosecuted, the existence of a criminal liability on his part may not be said to be beyond any doubt."

 

        The principles of "principals by inducement or indispensable cooperation" do not apply.

 

          As for your last question,  you may refer to my answer to your first query. In the case of the person who first asked the question in this thread ( I forgot who), he does not even know the name of the person calling and bugging him that is why he was advised to get  a/the name. I also answered that question in general terms, not merely limiting myself with the phone calls. Nonetheless, the persistent and humiliating phone calls alone would suffice for the filing of a case but, again, one has to get a name.

 

        Lastly, I agree with Lyssahot. If you owe someone, the best thing to do is to pay up. But then again, collecting agencies should bear in mind that there are limits of basic human deceny within which they must conduct their affairs. The legal profession demands that a client is entitled to the best legal help/advise his lawyer can give and if Bonito's ploy worked for his client in that it resulted (or may result) in a compromise, then well and good. In actual practice, this sort of ploy is more often than not some sort of leverage. One has to be creative within the bounds of the law.

 

          Peace.

<{POST_SNAPBACK}>

 

 

got it. you are the more experienced one. you are more credible than i am. thanks for the info.

[agentjackbauer]

I knew you were a fast learner.

[marc_7]

@bonito99

 

thanks for d info sir.

 

.. so the fact that she has already incurred costs (gown(s), deposit for the reception, etc) wud be basis to file claims right? thanks again sir..

[kelvin]

how can i bypass windows xp genuine detection para naman ma update ko ung copy ko ng SP2. already used MUBlinder pero dko pa din ma update. any ideas? or share naman ur valid copy of windows XP pro kung pwede.

thanks