your legal problems here

[cast_no_shadow]

^

I'll be giving you a PM pag kinailangan niya ng abogado hehe

thanks bro!

[Walter]

Better to just deny he owns the firearm. He can say it's the robber's firearm.

[CLAVEL3699]

JM, may I ask kung practicing lawyer ka?

[Juan Martinez]

JM, may I ask kung practicing lawyer ka?

yes, i am. not in the sense how the SC has interpreted "practice of law" in brilliantes vs. monsod, but in the real sense of the phrase.(pero criminal cases lang naman)☺

[macsd]

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

MP/JM, is my conclusion correct sir ?

[Juan Martinez]

MP/JM, is my conclusion correct sir ?

yes macsd. no problem at all. it is but a mere typo not a fact. the best evidence of marriage is the marriage contract. that typographical error can't even be construed that the property evidenced by the TCT, which states your wife as single, as a separate property of your wife because under the family code, all properties acquired by the spouses during the marriage are part of the absolute community of property.

[machine.pistol]

mcsd, I agree with JM.

[macsd]

yes macsd. no problem at all. it is but a mere typo not a fact. the best evidence of marriage is the marriage contract. that typographical error can't even be construed that the property evidenced by the TCT, which states your wife as single, as a separate property of your wife because under the family code, all properties acquired by the spouses during the marriage are part of the absolute community of property.

mcsd, I agree with JM.

Thanks a lot guys. That will clear my doubt for any problem that might a rise later when i'm gone. No wonder my wife keep's our marriage contract at heart.

[b_9904]

Atty eto hypothetical pero criminal related.

Kausap ko officemate ko, yung brother niya binigyan siya ng baril. Yung baril walang papeles.

What if may nanloob sa kanila, nabaril at napatay niya. May liability ba siya?

Premise is inamin niya na sa kanya ang baril.

Or much better ba na ideny niya na sa kanya nga?




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Sa lahat ng criminal prosecutions wag kang umamin sa kahit ano.

Remember, iba ang batas ng baril at batas ng pag patay sa kapwa.

So, hayaan mo na ang fiscal ang mag patunay na sa kanya nga yun.

Also, may on going debate about invoking self defense. At ang isyu dyan ay kung sino mag papatunay ng kanyang allegations.

If self defense invoke mo, patunayan mo ngayon na totoo ang allegations mo.

If hindi ka umamin, patunayan ng fiscal beyond reasonable doubt na siya nga yung pumatay.

[b_9904]

yes macsd. no problem at all. it is but a mere typo not a fact. the best evidence of marriage is the marriage contract. that typographical error can't even be construed that the property evidenced by the TCT, which states your wife as single, as a separate property of your wife because under the family code, all properties acquired by the spouses during the marriage are part of the absolute community of property.

Have it corrected as soon as possible!

Pwedeng ibenta yan ng misis mo ng hindi mo nalalaman.

Tama so JM, legally. Pero, practically sasakit ulo mo sa typo na yan.

[b_9904]

Have it corrected as soon as possible!

Pwedeng ibenta yan ng misis mo ng hindi mo nalalaman.

Tama so JM, legally. Pero, practically sasakit ulo mo sa typo na yan.

Pero if tiwala ka namang faithful wifey mo sayo forever or maayos ugali nya forever din edi, pwede nang wag mo pa correct.

[#redlantern]

To all counsel i have a problem and its not anymore ***ual

I have a superior who owns vast of land but the philippine government tolerate squatting. He told me its those people who squats are for vote purpose.

Where can my superior gets fair justic? Can international courts intervened?

[macsd]

yes macsd. no problem at all. it is but a mere typo not a fact. the best evidence of marriage is the marriage contract. that typographical error can't even be construed that the property evidenced by the TCT, which states your wife as single, as a separate property of your wife because under the family code, all properties acquired by the spouses during the marriage are part of the absolute community of property.

mcsd, I agree with JM.

Have it corrected as soon as possible!

Pwedeng ibenta yan ng misis mo ng hindi mo nalalaman.

Tama so JM, legally. Pero, practically sasakit ulo mo sa typo na yan.

Thanks for the concern. Noting that the legal advise is correct, let me hear your practical concern. Aside from my wife selling it without me knowing, what else is there on the table of concern? TIA

[machine.pistol]

The certificate of title is in the name of both of you and your wife. Since you are married, she cannot sell it without you also signing the deed of sale. That's the law.

But of course signatures can be falsified. And with unscrupulous notaries who don't care to check whether the signature appearing on the document belongs to the real person, then it's possible that the property can be sold.
There's really no way to guard against this. The falsification might be discovered too late.

To address this, the original owner's duplicate of the certificate of title must be kept in a secure place. The register of deeds will not process a deed of sale if the original owner's duplicate of the certificate of title is not surrendered to them for cancellation for the issuance of a new certificate in the name of the buyer.

Still it's not fool proof because even if the owner's duplicate is in a secure location, someone can still report the document as missing and petition the court for the issuance of another owner's duplicate of title and use that new owner's duplicate to transact the property.

We just have to rely on the good faith of individuals. A person who wants to defraud another will do all that he can to achieve his purpose. That's why there are lawyers.

[macsd]

Thanks MP. The title is only on her name and stated single.

[machine.pistol]

Macsd, that's still only a typo error. As JM said, that property is considered absolute community property (or conjugal property, depending on the time of marriage). That property can be legally sold only if the other spouse gives his/her consent by signing the deed of sale.

[b_9904]

Thanks for the concern. Noting that the legal advise is correct, let me hear your practical concern. Aside from my wife selling it without me knowing, what else is there on the table of concern? TIA

She can mortgage it, encumber, and do anything with it in the concept of a sole owner.

This is the practical effect of the title as it stands.

Also, legally if she sells or encumber it, those will have legal, valid, and binding effects. However, the proceeds will belong to the community or the partnership as the case may be.

Pero, practicality again, if mag ka laboan ba kayo mahahabol mo yun if sinabi nya ginamit nya ito for family expenses?

So yes, tama sila legally about it being community or partnership property. Pero as to the effect ng titolo, well its another bunch of laws and doctrines alien to the family code.

Kung yung "x married to y" nabebenta ni x ng walang consent nung y, yung in the name of "x" at "single" pa kaya?

Dapat in both of your names yan as co-owners. Like "x AND y".

If you need the cases for this opinion i can give it to you.

[Juan Martinez]

^ really a valid point, both from legal and practical standpoint. but i give my legal opinion pro hac vice (and with the assumption that macsd's marriage is rock solid).
as I said, everyone's legal opinion is very much welcome. i appreciate it bro. and help us here

[NightRock]

I bought a piece of Land sa isang subdivision na transfer na sakin ang Tittle pero ang Tax Declaration sa old owner pa naka pangalan.. Wala akong time pa palitan nalimutan ko na din ang procedure pano mag transfer non pero alam ko madali lang..

Wala bang problema to in a future? more than 10 years na yata ng mabili ko to and every year ako nag babayad ng property tax, na naka name pa din sa old owner ang resibo.

- - - - - - - - - - - - - - - - - - - - - -

I bought a piece of Land sa isang subdivision na transfer na sakin ang Tittle pero ang Tax Declaration sa old owner pa naka pangalan.. Wala akong time pa palitan nalimutan ko na din ang procedure pano mag transfer non pero alam ko madali lang..

Wala bang problema to in a future? more than 10 years na yata ng mabili ko to and every year ako nag babayad ng property tax, na naka name pa din sa old owner ang resibo.

[macsd]

She can mortgage it, encumber, and do anything with it in the concept of a sole owner.

This is the practical effect of the title as it stands.

Also, legally if she sells or encumber it, those will have legal, valid, and binding effects. However, the proceeds will belong to the community or the partnership as the case may be.

Pero, practicality again, if mag ka laboan ba kayo mahahabol mo yun if sinabi nya ginamit nya ito for family expenses?

So yes, tama sila legally about it being community or partnership property. Pero as to the effect ng titolo, well its another bunch of laws and doctrines alien to the family code.

Kung yung "x married to y" nabebenta ni x ng walang consent nung y, yung in the name of "x" at "single" pa kaya?

Dapat in both of your names yan as co-owners. Like "x AND y".

If you need the cases for this opinion i can give it to you.

Again, thanks for the comment. I go back to my question "Aside from my wife selling it without me knowing, what else is there on the table of concern? TIA"

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Macsd, that's still only a typo error. As JM said, that property is considered absolute community property (or conjugal property, depending on the time of marriage). That property can be legally sold only if the other spouse gives his/her consent by signing the deed of sale.

Thanks bro!