your legal problems here

[Juan Martinez]

Bro, if the police plants evidence on the suspect, what is the best course of action on the spot and what is the best defense in court?

Under Sec. 29 of RA 9165:
Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of death.

1) to be brutally honest, a victim of police brutality like "planting" doesn't really have much choice. you're helpless. you're up against armed and dangerous individuals. my advice is, don't show resistance or panic or tinge of contempt. don't be a threat to them. remember the circumstances before, during, and after the "planting," make a mental note of your surroundings, remember the faces of your tormentors, take note of how they call themselves ("bok" or "mate" means classmate), their mannerisms, the time and place, and the persons present. you hardly remember these things if you panic or you resist. you can use later these details in court.

2) the moment you have the opportunity, waste no time to confer with your counsel, then press charges. that's a natural reaction of a person aggrieved.

3) anti-illegal drugs operations have protocols and SOPs to follow as I have mentioned earlier. capitalize on their deviation of these protocols and SOPs.

4) obviously, you don't have any other defense but denial. if you're law abiding citizen, people know you and your reputation precedes you.

5) lastly, engage the services of a very good trial lawyer, who is an expert in criminal law, and who have friends in the police force. (sa loob uugong yang balita na planting yan. this inside info greatly helps how you craft your legal strategy)

[Juan Martinez]

Here's my question sir JM.

sir please read machine.pistol's post re: your query. i must admit i couldn't elucidate any better. it's like woman's skirt-- long enough to cover the subject and short enough to be interesting.

[dcph172]

Example: five years ago, parents bought a condo unit and put everything under their two children's name. From contract to sell, deed of sale to cct. The developer of course took care of everything. Today cct is released under the two children. Fast forward to five years from now, will there be an issue of donation tax? Parents didnt file any. Did the developer took care of it?

[Dark Lord]

Example: five years ago, parents bought a condo unit and put everything under their two children's name. From contract to sell, deed of sale to cct. The developer of course took care of everything. Today cct is released under the two children. Fast forward to five years from now, will there be an issue of donation tax? Parents didnt file any. Did the developer took care of it?

Pa subscribe din ako dito.

Hindi po ako lawyer pero may onting experience sa taxation. On the concern of dcph, donation taxes are usually paid within 30 days from time of gift (donation). Kadalasan mahihirapan ka makakuha ng Certificate of Registration (CAR) sa BIR kung hindi ka nakabayad ng donations tax. Since nasa anak na nakapangalan, sa tingin ko hindi na kailangan kumuha pa ng CAR at magbayad ng tax. Tax Assessment nalang risk ng parents dito. Pero usually nag prescribe to in 3 years at sa dami dami ng kumpanya na may prescribing assessment taon taon, kadalasan hinahayaan nalang ng BIR mga "one time transaction" kagaya nitong transfer tax. Meaning hindi na sila mag Assess except kung kulang withholding tax o vat na niremit para dun sa pagbili ng condo.

[3GEMS]

expensive is a relative term. what is expensive to one may not be so to another. for example, an acceptance fee of P200k plus 5k appearance fee per hearing maybe no sweat to some but outrageous to others. saka depende din sa abogado yan, may mga mura din naman. may naghingi ng acceptance fee ng 100k at appearance fee of 3k per hearing. apart from that, yung declaration of nullity under Article 36 (psychological incapacity), you need to get the services of a clinical psychologist, may bayad din yan, dito sa amin sa probinsya mga 15k to 20k daw yung professional fee nila. on top of that, may filing fee pa more or less P5k. may iba din naman na isang bagsakan, magbayad ka lang sa abogado a certain sum to cover everything-- the professional fee of the lawyer, filing fee , at yung PF ng psychologist. but, word of advice, huwag mo bayaran lahat in one setting baka the next day di na magpakita si attorney. for example, nagkasundo kayo sa halaga ng 150k, you may pay only 50k as downpayment. then pay another 50k or 20k pag na file na yung kaso and the balance kung may decision na.

yung gaano katagal naman, there's no hard and fast rule. I know a judge who can decide an annulment case for one year. may mga cases naman na as long as 3 to 7 years.
pero alam mo there are many ways to skin a cat. di na naman yan lingid sa kaalaman ng karamihan ng may tao talagang bayaran, may nag six months lang daw pero iba ng usapan yan. naririnig ko lang. wala akong personal knowledge. and there were judges who were dismissed from the service by the SC because of that.
may abogado naman na kung ano-ano pinagsasabi para magka pera lang kesyo kaibigan daw niya itong si judge so madali lang, be wary of them though there are those who really can deliver. a word of advice: do the right thing- go for the right process, the honorable one. although it may take longer, di ka magkakamali dun. unless, somebody is waiting for you on the sideline who's already in the family way, and whose brother is aiming his shotgun at you, which is almost always the case.

Thank you Atty... Napakalaking tulong po nito

[Ry_Tower]

Kudos to the lawyers here esp. JM, sticky thread na dapat ito Very very helpful.

Yung sa planting of evidence, ingat na ingat ako dyan kapag may checkpoint kaya hindi ko binababa lahat nang bintana nang kotse at minimal lang if ever. A good dashcam really helps kasi puwede mo naman ito i-rotate papunta dun sa kausap mo. Makikita if may nilaglag. hehe

[wowiesy]

para closer to tsikot..

we operate a few delivery trucks and one of the challenges is yung pag manage ng mga drivers... sa kalsada maraming risksng huli,,, minsan di ko na alam kung pinara talaga at mayviolation... or pinagkakakitaan na lang talaga ng traffic enforcer o ng driver ko...

from a legal point of view, ano ano ba ang pwede ideprnsang driver sa mga ganitong pagkakataon:
- smoke belching operations ng lgu or ng lto <?>
- highway patrol group "checkpoint" sa kalsada ( in the provinces)
- lgu traffic enforcer

[Walter]

*crosswind

Where exactly is the property located? What area? In the city or boondocks? How large?

[macsd]

Thanks MP. So the best way is just let my wife to donate it to my daugther and pay the corresponding taxes rather than going through the cadastral case proceeding. At the end, my daugther will still inherit the property so better go straight to the point,
right ?

You need to file a petition for amendment of the certificate of title to correct the status of your wife. It will be a cadastral case to be filed in the Regional Trial Court of the city where you property is located. You need to prove during the hearing, normally, ex parte, that at the time of sale you were already married. So you need to present the deed of sale and certificate of marriage.

The certificate of title cannot be amendment to include your daughter as co-owner because only you and your wife bought the property.

Your daughter cannot be registered owner of the property unless you sell or donate it to her. Either way, you need to pay capital gains tax or donor's tax before the RD will issue a new certificate of title in the name of your daughter.

The other method by which your daughter will become the registered owner is when her parents pass away. If she is the only daughter and the parents did not leave a last will, she can sign a self-adjudication of property and pay estate tax before the RD will issue a new certificate of title.

If there's a last will, it will have to be presented to the court for probate. Probate is a judicial proceeding where the last will is authenticated. After admission in probate or authentication of last will, the court will declare who is/are the heirs and order the RD to issue new title in the name of the heirs. Again estate tax must be paid. And it must be paid within a short period from death.

[JJ All Day]

been testifying on this case since 2007 and tommorrow is another day in court for cross exam. tanong ko lang may right din ba ako as witness to speed up my testimony?

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[Juan Martinez]

been testifying on this case since 2007 and tommorrow is another day in court for cross exam. tanong ko lang may right din ba ako as witness to speed up my testimony?

yes.

Rule 132, Sec 3, Rules of Court: A witness has the right:
(1)To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;
(2)Not to be detained longer than the interests of justice require;
(3)Not to be examined except only as to matters pertinent to the issue;
(4)Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or
(5)Not to give an answer which will tend to degrade his reputation, unless it to be the very fact at issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his previous final conviction for an offense.

[machine.pistol]

Thanks MP. So the best way is just let my wife to donate it to my daugther and pay the corresponding taxes rather than going through the cadastral case proceeding. At the end, my daugther will still inherit the property so better go straight to the point,
right ?

Not so fast. A voluntary transfer such as a sale or donation might appear to be simple and straightforward compare to a cadastral proceeding for amendment of title. But we have to look at the tax consequence as well. A donation will invite greater amount of tax compared to a sale. Donor's tax is around 30% whereas capital gains tax on sale is only 6%. So you might be better off selling the property instead.

But it might present a problem if the daughter is a minor (less than 18 years) or even if she's of majority age, say 20 years old but not gainfully employed (no TIN).

If less than 18 and therefore the daughter is not capable of entering into a contract such as of donation, the parents may have to go to court for the appointment of a property guardian (such as one of the parents) or posting of guardianship bond. Why? Because the property guardian will be holding the property in trust for the minor child. And the bond will act as security for the faithful performance by the property guardian of his obligations as such guardian.

If of legal age but not gainfully employed, the BIR will consider the sale as a donation and assess donor's tax, which is higher.

You're actually talking about estate planning this early because estate tax is, like donor's tax, also high relative to sales tax. Besides, heirs left with property will have to go through estate proceedings or estate settlement which could be complicated and costly. You don't want to pass leaving your child with property that will turn out to be a burden to her.

So at this time, I can't give the proper legal advice. Perhaps when the right time comes, say the daughter is of age and gainfully employed, you might then consider selling the property to her. There would then be no need for court appointment of guardian and posting of guardianship bond, no cadastral proceeding, no donor's tax, no estate tax, etc.

To avoid multiple payment of taxes where it is only the government that benefits, it is really advisable to buy property intended to be owned by children to buy it in trust for the children. The BIR recognizes trust arrangements. When the trust ends such as when the children come of age, the title can be amended (to reflect only the children as owner) without any tax consequence.

[macsd]

Thanks again MP. So for the time being, let it be and there seem no complication with the single status of my wife in the title.

[Juan Martinez]

para closer to tsikot..

we operate a few delivery trucks and one of the challenges is yung pag manage ng mga drivers... sa kalsada maraming risksng huli,,, minsan di ko na alam kung pinara talaga at mayviolation... or pinagkakakitaan na lang talaga ng traffic enforcer o ng driver ko...

from a legal point of view, ano ano ba ang pwede ideprnsang driver sa mga ganitong pagkakataon:
- smoke belching operations ng lgu or ng lto <?>
- highway patrol group "checkpoint" sa kalsada ( in the provinces)
- lgu traffic enforcer

first, paano madedepensahan ang smoke belching? wala yatang depensa yan. the thing speaks for itself. pag test na positive na smoke belcher yung sasakyan mo smoke belcher talaga yan unless there is something wrong in the conduct of the test or technology used is not reliable.
second, the mandate of the HPG is to protect the public against carnappers, highway robbers, and highjackers who are doing their thing in the highway. under ra 6975, the traffic management unit of the pnp (now, hpg; TMG before) is a national support unit mandated to enforce traffic laws and regulations. unless your employees (your drivers and pahinantes) are carnappers or highway robbers or highjackers or violators of traffic laws and regulations, wala naman puedeng ikakatakot natin dyaan sa mga checkpoints conducted by hpg.
third, the same thing with traffic enforcers.
the life of the law has not been logic; it has been experience. that's accdg. to Holmes. society creates law for its protection because of experience. and, i think, a rule of conduct prior to it being violated is really difficult to ascertain how to go about it.

[b_9904]

first, paano madedepensahan ang smoke belching? wala yatang depensa yan. the thing speaks for itself. pag test na positive na smoke belcher yung sasakyan mo smoke belcher talaga yan unless there is something wrong in the conduct of the test or technology used is not reliable.
second, the mandate of the HPG is to protect the public against carnappers, highway robbers, and highjackers who are doing their thing in the highway. under ra 6975, the traffic management unit of the pnp (now, hpg; TMG before) is a national support unit mandated to enforce traffic laws and regulations. unless your employees (your drivers and pahinantes) are carnappers or highway robbers or highjackers or violators of traffic laws and regulations, wala naman puedeng ikakatakot natin dyaan sa mga checkpoints conducted by hpg.
third, the same thing with traffic enforcers.
the life of the law has not been logic; it has been experience. that's accdg. to Holmes. society creates law for its protection because of experience. and, i think, a rule of conduct prior to it being violated is really difficult to ascertain how to go about it.

Certifications. Kaya pag huli roll cameras and ask for the certs.

[cast_no_shadow]

I don't know if my story will fit here. Still worth a try.

Last tuesday may training ako outside the office. Since malayo yun decided to left my car sa office and ride the corporate vehicle.

Lunchtime my officemate called me informing me naatrasan yung car ko, will not elaborate it more basta pure KATANGAHAN nung driver going out of his slot.

Ang hassle lang is visitor lang sa building, company driver lang using company vehicle.

Got the contact details of the driver, ang habang litanya at talambuhay ng kwento ng buhay niya in short nakikiusap wag na magbayad.

Prior to employment he signed something like for every accidents/damages incurred while driving will be charged to him not to the company

Questions:

Can employers do that? Yes the driver signed pero is that fair and legal on the employees (driver) part?

Plan ko kausapin na lang directly is yung company or anyone immediately handling the driver. Yung participation lang naman hinahabol ko sa kanila.






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[Juan Martinez]

I don't know if my story will fit here. Still worth a try.

Last tuesday may training ako outside the office. Since malayo yun decided to left my car sa office and ride the corporate vehicle.

Lunchtime my officemate called me informing me naatrasan yung car ko, will not elaborate it more basta pure KATANGAHAN nung driver going out of his slot.

Ang hassle lang is visitor lang sa building, company driver lang using company vehicle.

Got the contact details of the driver, ang habang litanya at talambuhay ng kwento ng buhay niya in short nakikiusap wag na magbayad.

Prior to employment he signed something like for every accidents/damages incurred while driving will be charged to him not to the company

Questions:

Can employers do that? Yes the driver signed pero is that fair and legal on the employees (driver) part?

Plan ko kausapin na lang directly is yung company or anyone immediately handling the driver. Yung participation lang naman hinahabol ko sa kanila.

from criminal law point of view, considering that the penalty for reckless impudence resulting to damage to property under Article 365 RPC is personal, the driver is the one liable, not his employer.

from civil law point of view, generally employers are not liable to the fault or negligence of its employees unless it did not exercise the diligence of a good father of a family in selecting and supervising them.

as to the legality of the waiver signed by the employee freeing his employer of any liability in case of damage to third party occasioned by him, the same is void. the rule is that, rights maybe waived unless such waiver is contrary to law, public order, public policy, morals, good customs or prejudicial to a third person with a right recognized by law.
obviously, the waiver here is prejudicial your right to go after the employer who might not have exercised the diligence of a good father of a family in selecting and supervising the driver that bumped your car.

[wowiesy]

first, paano madedepensahan ang smoke belching? wala yatang depensa yan. the thing speaks for itself. pag test na positive na smoke belcher yung sasakyan mo smoke belcher talaga yan unless there is something wrong in the conduct of the test or technology used is not reliable.
second, the mandate of the HPG is to protect the public against carnappers, highway robbers, and highjackers who are doing their thing in the highway. under ra 6975, the traffic management unit of the pnp (now, hpg; TMG before) is a national support unit mandated to enforce traffic laws and regulations. unless your employees (your drivers and pahinantes) are carnappers or highway robbers or highjackers or violators of traffic laws and regulations, wala naman puedeng ikakatakot natin dyaan sa mga checkpoints conducted by hpg.
third, the same thing with traffic enforcers.
the life of the law has not been logic; it has been experience. that's accdg. to Holmes. society creates law for its protection because of experience. and, i think, a rule of conduct prior to it being violated is really difficult to ascertain how to go about it.

I think my question is more on ano ba ang prescribed protocol dapat as per ordinance or law... na madalas hindi sinusunod ng enforcer.. hut since di alam ng motorista.. di din nya magamit laban sa enforcer... like.. sa smoje belching.. I heard ( didnt get to ask the actual basis na document) .. but mga requirements daw ay:
- valid mission order ( kung wala, di sila pwede mag operate)
- valid, recent ( as in max 15 days old) calibration ng equipment nila
- it shouldbe the driver na aapak sa accelerator.. hindi pwede daw yung enforcer team... ( pwede daw kasuhan ang enforcer team pag sila ang umapak sa accelerator)

I dont know if all these are true.. kaya nga im hoping we could get to the source ng issuance ng mga ganitong batas...

[macsd]

from criminal law point of view, considering that the penalty for reckless impudence resulting to damage to property under Article 365 RPC is personal, the driver is the one liable, not his employer.

from civil law point of view, generally employers are not liable to the fault or negligence of its employees unless it did not exercise the diligence of a good father of a family in selecting and supervising them.

as to the legality of the waiver signed by the employee freeing his employer of any liability in case of damage to third party occasioned by him, the same is void. the rule is that, rights maybe waived unless such waiver is contrary to law, public order, public policy, morals, good customs or prejudicial to a third person with a right recognized by law.
obviously, the waiver here is prejudicial your right to go after the employer who might not have exercised the diligence of a good father of a family in selecting and supervising the driver that bumped your car.

Si JM, hindi po ba dapat yung insurance ng kotse nakaanga ang mag shoulder ng damage, as that's what the insurance is for?

[glenn manikis]

so matagal na process ang iniisip ko kasi is it worth na habulin ko pa ba? or ipag pa sa dyos ko nalang?

Para mas padali, file estafa and falsification of public document both buyer and seller....

Kung sabihin ni seller buyer in good faith sya... Patunayan nya yan sa husgado... Don't tell me hindi man kang sya nag tanong sa kapit bahay o barangay.. Sa identity ng true owner...

Criminal in nature ang kaso at malaki pyansa nyan, malaki possibility makapal settle sayo yan.. Lalo ma Pag may warrant ma sila..