legal Free Legal Advice

[Roubaix]

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}>

 

This may be a little late but I will address the "return of gifts" issue.

 

Your female friend doesn't have to return a single cent. About the downpayment of the house, if that is refundable then it is all hers unless the guy contributed some. No judge would award a ruling to return the gifts. Judges are human. They will see the kind of prick the BF was.

 

Along with bonito99's response, the Wessmer case is a very memorable case to all law students. That is where we first learned that us guys can ran away from the "M" word and only pay up actual damages :evil:

[fauxhead]

This is not always the case.

 

In the case Baksh vs CA, the Supreme Court ruled that Article 21 of the Civil Code may be applied in a breach of promise to marry where the woman is a victim of moral seduction. The defendant was ordered to pay moral damages, attorney's fees, litigation expenses and costs.

 

 

This may be a little late but I will address the "return of gifts" issue.

 

Your female friend doesn't have to return a single cent. About the downpayment of the house, if that is refundable then it is all hers unless the guy contributed some. No judge would award a ruling to return the gifts. Judges are human. They will see the kind of prick the BF was.

 

Along with bonito99's response, the Wessmer case is a very memorable case to all law students. That is where we first learned that us guys can ran away from the "M" word and only pay up actual damages  :evil:

<{POST_SNAPBACK}>

[tragic_mnemosyne]

we have this scenario.

 

- My boyfriend borke up with his girlfriend last dec 2005.

- they've been friends and communicating since the break up.

- my boyfriend and i got together may 2006.

- when the ex-gf learned about it she got furious and said that she was 5 months pregnant with my boyfriend's child

- she stormed into my BF's house. talked to his parent's and said that they don't want financial help but only acceptance of the child. and that in any event that they need to visit the child after giving birht they can do so as long my BF is not included.

- my BF's parents thought everything was ok and settled but this girl is still annoying my BF.

- the girl pressure's my boyfriend for money to use for the baby when she gives birth and also for milk and all for the first 2 months.

 

sub details:

- the girl presented her pregnancy only this MAY 2006 and to think that she and him was communicating from dec 2005 til may 2006. and she's already pregnant at that time.

- the girl is going to give birth ceasarian because of complications with the pregnancy because the girl admitted that she was always drinking and smoking because of what she learned about.

- the girl's family initially stated that they do not want to impose marriage on the 2 only for that reason.

- the girl keeps on telling everybody how the guy declined support to the child not only through text but also through forums and web announcements

- the girl sent me a message with a hint of insult against me and my BF.

 

other details:

- my bf is 22 yrs old. graduated from informatics.

- the girl is 27 yrs old. psychology graduate. professor in informatics.

- they met in school. she was his professor. :evil:

 

my question are:

1. is this something that she really can do? (i mean pressuring the guy to give financial assistance although first hand, her party has given word that they don't need it?) :grr:

 

2. does she have the right to threaten to press charges against the guy for not giving money and creating a scene or to scandalize the name of the guy's family? :thumbsdownsmiley: :thumbsdownsmiley: :thumbsdownsmiley:

 

3. what are the things that we should do for this problem?

 

4. she did not disclose her pregnancy for 5 months although they were still seeing each other at that time and had it out in the open only when she learned about me and my BF's relationship. can we use this against her?

 

5. can my bf decline financial support to the girl because of this?

 

6. how about the child's custody?can my BF have the child instead because i think the mom is psychologically challenged ?

 

(i'm really sorry if i have too many questions. :cry: i just want to be knowledgeable about this case and what are the things we can use for defense so that at least we know where we stand. :thumbsupsmiley: )

[Dr_PepPeR]

we have this scenario.

 

- My boyfriend borke up with his girlfriend last dec 2005.

- they've been friends and communicating since the break up.

- my boyfriend and i got together may 2006.

- when the ex-gf learned about it she got furious and said that she was 5 months pregnant with my boyfriend's child

- she stormed into my BF's house. talked to his parent's and said that they don't want financial help but only acceptance of the child. and that in any event that they need to visit the child after giving birht they can do so as long my BF is not included.

- my BF's parents thought everything was ok and settled but this girl is still annoying my BF.

- the girl pressure's my boyfriend for money to use for the baby when she gives birth and also for milk and all for the first 2 months.

 

sub details:

- the girl presented her pregnancy only this MAY 2006 and to think that she and him was communicating from dec 2005 til may 2006. and she's already pregnant at that time.

- the girl is going to give birth ceasarian because of complications with the pregnancy because the girl admitted that she was always drinking and smoking because of what she learned about.

- the girl's family initially stated that they do not want to impose marriage on the 2 only for that reason.

- the girl keeps on telling everybody how the guy declined support to the child not only through text but also through forums and web announcements

- the girl sent me a message with a hint of insult against me and my BF.

 

other details:

- my bf is 22 yrs old. graduated from informatics.

- the girl is 27 yrs old. psychology graduate. professor in informatics.

- they met in school. she was his professor. :evil:

 

my question are:

1. is this something that she really can do? (i mean pressuring the guy to give financial assistance although first hand, her party has given word that they don't need it?) :grr:

 

2. does she have the right to threaten to press charges against the guy for not giving money and creating a scene or to scandalize the name of the guy's family? :thumbsdownsmiley:  :thumbsdownsmiley:  :thumbsdownsmiley:

 

3. what are the things that we should do for this problem?

 

4. she did not disclose her pregnancy for 5 months although they were still seeing each other at that time and had it out in the open only when she learned about me and my BF's relationship. can we use this against her?

 

5. can my bf decline financial support to the girl because of this?

 

6. how about the child's custody?can my BF have the child instead because i think the mom is psychologically challenged ?

 

(i'm really sorry if i have too many questions. :cry:  i just want to be knowledgeable about this case and what are the things we can use for defense so that at least we know where we stand.   :thumbsupsmiley: )

<{POST_SNAPBACK}>

 

Is the child really your boyfriend's? Is he going to acknowledge his paternity in the birth certificate?

[dictum]

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.

<{POST_SNAPBACK}>

 

 

 

Well said, pañero.

[dictum]

we have this scenario.

 

- My boyfriend borke up with his girlfriend last dec 2005.

- they've been friends and communicating since the break up.

- my boyfriend and i got together may 2006.

- when the ex-gf learned about it she got furious and said that she was 5 months pregnant with my boyfriend's child

- she stormed into my BF's house. talked to his parent's and said that they don't want financial help but only acceptance of the child. and that in any event that they need to visit the child after giving birht they can do so as long my BF is not included.

- my BF's parents thought everything was ok and settled but this girl is still annoying my BF.

- the girl pressure's my boyfriend for money to use for the baby when she gives birth and also for milk and all for the first 2 months.

 

sub details:

- the girl presented her pregnancy only this MAY 2006 and to think that she and him was communicating from dec 2005 til may 2006. and she's already pregnant at that time.

- the girl is going to give birth ceasarian because of complications with the pregnancy because the girl admitted that she was always drinking and smoking because of what she learned about.

- the girl's family initially stated that they do not want to impose marriage on the 2 only for that reason.

- the girl keeps on telling everybody how the guy declined support to the child not only through text but also through forums and web announcements

- the girl sent me a message with a hint of insult against me and my BF.

 

other details:

- my bf is 22 yrs old. graduated from informatics.

- the girl is 27 yrs old. psychology graduate. professor in informatics.

- they met in school. she was his professor. :evil:

 

my question are:

1. is this something that she really can do? (i mean pressuring the guy to give financial assistance although first hand, her party has given word that they don't need it?) :grr:

 

2. does she have the right to threaten to press charges against the guy for not giving money and creating a scene or to scandalize the name of the guy's family? :thumbsdownsmiley:  :thumbsdownsmiley:  :thumbsdownsmiley:

 

3. what are the things that we should do for this problem?

 

4. she did not disclose her pregnancy for 5 months although they were still seeing each other at that time and had it out in the open only when she learned about me and my BF's relationship. can we use this against her?

 

5. can my bf decline financial support to the girl because of this?

 

6. how about the child's custody?can my BF have the child instead because i think the mom is psychologically challenged ?

 

(i'm really sorry if i have too many questions. :cry:  i just want to be knowledgeable about this case and what are the things we can use for defense so that at least we know where we stand.   :thumbsupsmiley: )

<{POST_SNAPBACK}>

 

As a rule, the child is entitled to receive support from his father depending on the needs of the baby and the financial means of the father to give support. This presupposes, of course, that your BF is really the father of the baby.

 

Thus, the first thing to do is to determine if your BF is really the father of the child. Of course, it may be difficult to do this at this time considering that the child has not been born yet. (I dont know if DNA testing could be performed already.) The fact that the ex-GF kept her pregnancy a secret for a long period of time would not be sufficient basis to deny support.

 

If the mother is really in need of financial help for her pregnancy, I strongly urge your BF to support her, especially if it turns out that the baby is really his. It goes without saying that no father would want his baby to suffer in any manner.

 

About the child's custody, this will come later. If it can be proven that the mother is an "unfit mother", then I submit that your BF, assuming he is the biological father of the child, is entitled to the custody of the child.

 

Hope this helps.

[bonito99]

Just ignore the ex-GF.

 

Just wait for the child's birth.

 

If she causes more trouble, slap her with a suit.

[chexlsm]

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?

<{POST_SNAPBACK}>

Bakit di ka na lang mag print sa CD labels? Looks like orig din naman basta maganda lang ang pag dikit...

[Kurtsky Keigee]

Bakit di ka na lang mag print sa CD labels? Looks like orig din naman basta maganda lang ang pag dikit...

<{POST_SNAPBACK}>

 

baka masira ung video pag may sticker eh

diba mag skiskip video niyan

[Kurtsky Keigee]

How do I convert OGM files to Xvid Avi including the subtitles?

I tried OGM to Avi but ung resulting file na avi eh walang sound help!

Tas andun parin ung English na dub.

Anime kasi siya gusto ko sana Japanese audio with english subs pls help!

Thanks!

 

Pls pm me if possible, if u know an easy way or software to use

Yung hinde na i eextratc ung audio and video and no more muxing

Thanks!

Edited June 13, 2006 by kUrTsKY

[Roubaix]

my question are:

1. is this something that she really can do? (i mean pressuring the guy to give financial assistance although first hand, her party has given word that they don't need it?) :grr:

 

The question is whether she can anything through the courts at this time. My answer would be no. But outside the court, she can make pressure but that is not a crime per se.

 

2. does she have the right to threaten to press charges against the guy for not giving money and creating a scene or to scandalize the name of the guy's family? :thumbsdownsmiley: :thumbsdownsmiley: :thumbsdownsmiley:

 

In creating scandal, there could a cause of action for defamation. Please note any defamatory instances. Get affidavits from people who heard the defamatory words.

 

3. what are the things that we should do for this problem?

 

4. she did not disclose her pregnancy for 5 months although they were still seeing each other at that time and had it out in the open only when she learned about me and my BF's relationship. can we use this against her?

 

The non-disclosure brings doubt to the girl. Please document the timeline from the breakup to the declaration of the pregnancy. Your boyfriend has to be honest with you. Ask if they were intimate at anytime they "broke off".

 

5. can my bf decline financial support to the girl because of this?

 

Of course he can. There is not obligation to give financial support except upon a court order and proof of paternity.

6. how about the child's custody?can my BF have the child instead because i think the mom is psychologically challenged ?

 

This question is misleading. Don't consider custody if you think the child is not your BF's. If you doubt the paternity, don't ever give a hint of this proposal to the girl. It can be used against your BF since this is a declaration against interest.

 

I had a case like this a couple of years ago. But since I am in the U.S. now, I may be behind in the juriprudence. I defended a guy who had an affair with a girl who did get pregnant. The girl demanded all sort of things. This was in 2002. The girl called lawyer and we talked. I told him that there is no way that my client would admit paternity. One fact, the girl had a condo paid for by a rich chinese man. This lead me to allege that she could have had the Clinton syndrome (sexual relations) with the man.

 

I told the lawyer for the girl that there is nothing in law that the girl could use to force financial support if paternity is not proven. I even went as far as to say that the courts cannot force a DNA test since this was potentially a civil case (I maybe wrong now in 2006).

 

Let the girl pester your BF all she wants. She can't even call the cops. Getting knocked up is not a crime for the man.

 

I may sound evil and immoral for doing that but it was not unethical. I worked within the bounds of the existing law at the time. The lawyer for the girl knew this and he did not go further with a demand.

 

Please update us so that we can advise as things change.

[stinkfist]

Sa akin almost same as the previous poster, I download AVI files sa torrents pero could'nt find a good player for this. Can anybody suggest or give me the best programs to play Avi and Divx files. Or would you suggest na i convert ko na lang sa divx yung avi files ko. Maraming salamat

[Kurtsky Keigee]

download mo VLC

pde sa lahat pati ogm

[bastard69]

Mga sir advice naman po, Im buying a bnew PC with these specs:

 

17" monitor, P4 3.2 Ghz processor, 1gb RAM, 256MB Vid Card, DVD rom combo, a good casing, and everything else that comes with a PC.

 

Do you thinks it is worth 38thou?

[lomex32]

Brand new? pre-owned?

17inch monitor - LCD or CRT? Flat? Brand?

Motherboard nya? - model?

Hard disk ? - Brand? Size (gigabytes), Speed (7200rpm ba)? Type (SATA or ATA)

Video Card - Brand?

DVD Rom - Brand?

 

@ 38 thou - u can get a decent one with warantee pa

 

Mga sir advice naman po, Im buying a bnew PC with these specs:

 

17" monitor, P4 3.2 Ghz processor, 1gb RAM, 256MB Vid Card, DVD rom combo, a good casing, and everything else that comes with a PC.

 

Do you thinks it is worth 38thou?

<{POST_SNAPBACK}>

[jobim]

Sa akin almost same as the previous poster, I download AVI files sa torrents pero could'nt find a good player for this. Can anybody suggest or give me the best programs to play Avi and Divx files. Or would you suggest na i convert ko na lang sa divx yung avi files ko. Maraming salamat

<{POST_SNAPBACK}>

 

Ang gamit ko Media Player Classic. So far lahat ng klaseng video files na na-download ko, kaya, except those files that require licences.

[LooXee]

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

<{POST_SNAPBACK}>

 

Tol there is no way to bypass the Product Key of Windows..and nde kn din mkakapag-run ng update ngyon if ur using a pirated cd..Mula ng nilabas ng windows yung WGA (Windows Genuine Advantage) nila, almost all programs na idodownload mo from windows eh ichecheck jung genuine yung copy mo ng windows..

[LooXee]

may question ako bakit yon computer ko lagi ng ha hang pag bagon bukas at misan naman ng rerestart magisa? pinalitan ko na yon memory ddr and yon hard disk ang hindi ko na lang napalitan ay yon video card and motherboard and processor. window xp prof. ang gamit ko AMD Athlon 1.1 GH. Pls help me naman. thanks in advance sa makakatulong sa problem ko.

<{POST_SNAPBACK}>

 

 

Kelan nag-start yung problem?

Can you rem kung may program kang ininstalled or inuninstalled?

At what particular point sya maghahang or mag rerestart?

Na-try mo na bang magboot sa safe mode kung gnun pa din?

Have you run any anti-virus or anti-spyware program?

[robert45]

so sorry if i disturbed your chat.

 

my problem is i have to keep using the left and right arrow keys reading this MTC forum. Its a waste of time.

 

Hindi ganun sa ibang forum.

 

You guys also have to keep using the left and right arrow keys ?

[priest_2002ph]

Follow up question lang about redundancy.........

 

Here's the scenario.....

 

merong nurses in manila and cebu......... due to redundancy daw tatanggalin na kami (wherein fact mag outsource sila ng nurses to replace us, so i guess wala pang redundancy), we learned na kami lang mga taga manila ang tatanggalin, yung nasa cebu eh hindi kasama.

 

Question... isnt this "unfair labor practice" tsaka nasaan ang security of tenure dito? Lahat kami ay regular employees.....

 

Thanks to all MTC Lawyers.

[tragic_mnemosyne]

Is the child really your boyfriend's? Is he going to acknowledge his paternity in the birth certificate?

<{POST_SNAPBACK}>

 

 

he said he will. and he acknowledges he is the father of the child.

[tragic_mnemosyne]

@Roubaix & dictum

- i'd definitely keep all those in mind. i'll try and clarify that with my bf if there were any intimate rendezvous between them after the break up.

 

- i think from what you guys are saying, we need to verify first if the paternity is really his or not.

- if not then we can decline support (of course!)???

- as of these point we really have to bear with her pestering us. but in any case she does not have a right yet to file a suit right?!

 

@bonito99

- i'd really love to do that to her but i just can't afford to stoop down to her level. :evil: and mind you she even hacked on my BF's friendster account just to cause a scandal with my BF's friends and to send me a message as well.... (pretty pathetic i think!hmp! )

[R@v3n]

Tol there is no way to bypass the Product Key of Windows..and nde kn din mkakapag-run ng update ngyon if ur using a pirated cd..Mula ng nilabas ng windows yung WGA (Windows Genuine Advantage) nila, almost all programs na idodownload mo from windows eh ichecheck jung genuine yung copy mo ng windows..

<{POST_SNAPBACK}>

 

It's not entirely impossible...just tougher to do...you can download a crack for WGA so that you can update manually through Windows Update. If you wish to install Windows Defender, download the installer, disconnect yourself from the internet, run the installer (hopefully you have a valid SP2 serial - either keygened or obtained from internet) so that it can't verify your serial over the net. :headsetsmiley:

[junnp]

so far i've seen 3 versions of WGA crack. i just dont know if it works well with all windows products...

 

 

It's not entirely impossible...just tougher to do...you can download a crack for WGA so that you can update manually through Windows Update. If you wish to install Windows Defender, download the installer, disconnect yourself from the internet, run the installer (hopefully you have a valid SP2 serial - either keygened or obtained from internet) so that it can't verify your serial over the net.  :headsetsmiley:

<{POST_SNAPBACK}>

[Kurtsky Keigee]

Guys I wanna know what a good .ogm to xvid or OGM to DVD converter

And any good DVD authoring software?