your legal problems here

[kisshmet]

This is the law. A debt can be secured with a mortgage on real property owned by the debtor or third person (accommodation mortgagor) so that if the debtor defaults in the payment of his debt, the creditor can foreclose on the mortgage.

The foreclosure includes the sale of property in a public auction with notice to the public of the auction days prior to the auction.

The auction sale ensures that the debtor is given full opportunity to raise a sum of money commensurate to the fair market value of the property so that his debt can be settled in full. For example, with auction, a property that that may be worth 100 pesos may be sold for 120 pesos, enough to settle his debt, say, of 80 pesos. The debtor will then get the balance of 40 pesos.

The law prohibits automatic transfer of ownership of the property to the creditor in settlement of a loan obligation upon default of the debtor.

Thnx for the response

The property of the bebtor paid to settle several properties borrowed from the creditor was already won thru a civil case. The judge ordered the debtor to turn over their last remaining property to the creditor depriving the heirs of the bebtor of the opportunity to inherit the property

Now the heirs of the debtor cant accept this loss & pestering the heirs of the creditor who now owns the property thru a court order with a civil case to get their share of the property

So how do the heirs of the creditor deal with the heirs of the debtor

[wowiesy]

In dacion en pago, the debtor/owner/mortgagor has to give consent to the sale of the property at the agreed price. In other words, the creditor cannot force the debtor to part with ownership of property in settlement of the debt. The debtor will still have to sign a deed of sale of the property in favor of the creditor.

so given na ipambabayad ay property sa pera na inutang... instead of going through foreclosure proceedings, kahit na may provision for extrajudicial foreclosure... dacion en pago pa rin.. pero the document title will be absolute deed of sale pa rin? hindi dacion en pago?

[wowiesy]

mapa showbiz naman tayo... ano ang legal angles sa Chris Brown issue na hindi pina alis ng Pilipinas?

on one hand, yes inindian nya yung event last year... but has a case been filed? breach of contract? is that enough for a hold departure order? altho hindi talaga hdo ang nakababa kaya pinigilan sya umalis... but does that still comply with the law?

or is it just politics and the DOJ brown nosing sa powers that be ? para sa kanyang senatorial bid?

[JJ All Day]

Pag yung hatol ng korte is kulong + bayad. Pano magbabayad kung nakakulong? kung walang pambayad?

[Juan Martinez]

Pag yung hatol ng korte is kulong + bayad. Pano magbabayad kung nakakulong? kung walang pambayad?

attach his property

[JJ All Day]

attach his property

would require another proceeding?

[Juan Martinez]

would require another proceeding?

nope. general rule: a person criminally liable is also civilly liable.

[machine.pistol]

so given na ipambabayad ay property sa pera na inutang... instead of going through foreclosure proceedings, kahit na may provision for extrajudicial foreclosure... dacion en pago pa rin.. pero the document title will be absolute deed of sale pa rin? hindi dacion en pago?

If you're property is worth 500 pesos and your loan is 100 pesos secured by a real estate mortgage on that property that has a provision for extrajudicial foreclosure, here is what can happen:

If you default, the bank may either foreclosure or accept your offer of dacion. It will all depend on the tax implication of the transactions. The bank might accept dacion of property worth 500 for a loan of 100. In that case, the real estate mortgage is cancelled. If bank will foreclose, the auction sale might attract another bidder say for 200 where the bank submitted a bid of only 100. In that case, the loan is paid where the bank gets back its 100, the owner/debtor gets 100 while the bidder gets 500 pesos worth of property for his 200 pesos.

If your loan is 200 and your property is worth 100, here is what can happen:

The bank might accept a partial dacion of 100 and still claim from you 100 pesos outstanding loan. But the bank will likely ask that you put up another security.

Or the bank might foreclose and bid 50 pesos for your 100 pesos property. If there's no other bidder, only 50 pesos of your loan gets paid leaving a balance of 150 pesos. And the bank gets your 100 peso worth of property. So you lose your property and are still indebted for 150.

It really depends. And there are a lot of permutations here. No general rule can be formulated.

[machine.pistol]

And it does not matter what the title of the document of conveyance is: whether you call it deed of sale, deed of absolute sale, dacion en pago, cession in payment, as long as the effect of the document is that it is a deed whereby title to the property is transferred to the creditor to settle a loan obligation, then it is a dacion en pago.

[Juan Martinez]

^ i second to that, so long as no pactum commissorium.

[chrismarte]

mga atty eto po tanong ko seryoso po...may nanganak kaso di nya kaya buhayin, binigay nya sa akin ako na daw bahala.... ngayon gusto ko pa "rehistro" yung bata na ang pangalan ng magulang eh kami ng misis ko....ano pwede i-kaso sa amin pag nagkataon?

pwede ko ba ipaalam s dswd tapos sasabihin ko na "dswd aampunin ko tong bata na to kasi di naman kaya buhayin ung magulang" pwde ba yun? TIA

[Juan Martinez]

mga atty eto po tanong ko seryoso po...may nanganak kaso di nya kaya buhayin, binigay nya sa akin ako na daw bahala.... ngayon gusto ko pa "rehistro" yung bata na ang pangalan ng magulang eh kami ng misis ko....ano pwede i-kaso sa amin pag nagkataon?

pwede ko ba ipaalam s dswd tapos sasabihin ko na "dswd aampunin ko tong bata na to kasi di naman kaya buhayin ung magulang" pwde ba yun? TIA

1) simulation of birth yan at kaukulang parusa yan na pagkabilanggo.

2) medyo mataas yung requirements at proceso, I'll just attach the link here--

How to Adopt a Child in Philippines - Adoption Requirements Procedures

[earthlyken]

Good day sir,

just a quick question, if am the complainant, can i ask my brother or any member of my family to represent as me in the court?

or it should be me? and what if i can't be there? what will happen?

Thank you and more power to you..

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

Good day sir,

just a quick question, if am the complainant, can i ask my brother or any member of my family to represent as me in the court?

or it should be me? and what if i can't be there? what will happen?

Thank you and more power to you..

[Syuryuken]

magandang umaga bro. paano bang rule sa repo na house and lot? gustong ipa-bidding ng bangko pero yung anak ng dting may-ari gustong i-buy-out na lang sa pagkakaalam ko kasi sila pa rin ang priority kesa mga bidder.

[Walter]

^^^ Are you two related?

[earthlyken]

^^^ Are you two related?

If your referring to Syuryuken and Me, nope we are not related..

[Juan Martinez]

Good day sir,

just a quick question, if am the complainant, can i ask my brother or any member of my family to represent as me in the court?

or it should be me? and what if i can't be there? what will happen?

Thank you and more power to you..

what case did you file, criminal or civil?
if civil case, you need to appoint a legal representative by executing a special power of attorney authorizing a person to initiate or defend a case in your behalf.
if criminal and the crime committed against you was a private crime (those that cannot be prosecuted except at the instance of the private complainant, like acts of laaciviousness, seduction, abduction), nobody can file it but you.
if criminal and the crime committed is not a private crime but public crime (one where it can be prosecuted de oficio, meaning it can initiated by the police or any officer charged with the enforcement of the law violated), you don't need a representative. all you need to do if you are the complainant is to execute a complaint - affidavit detailing what happened. please take note that private complainants in public crimes are relegated merely as witnesses for the "people of the Philippines." This is so because crimes are outrage against the state which the latter has the right to be vindicated. in the case of private crimes, the offended party is the only one who can jumpstart the prosecutory process. this is an option granted by our law for her or him to suffer the outrage in silence rather than go through the scandal of public trial.

[Juan Martinez]

magandang umaga bro. paano bang rule sa repo na house and lot? gustong ipa-bidding ng bangko pero yung anak ng dting may-ari gustong i-buy-out na lang sa pagkakaalam ko kasi sila pa rin ang priority kesa mga bidder.

if I'm not mistaken machine pistol has tackled this up already, but to answer your query, the owner whose house was sold at a public auction still has one year to redeem the same reckoned from the date of issuance of the certificate of sale to the party who bought it at the public auction.

[dreamur]

what case did you file, criminal or civil?
if civil case, you need to appoint a legal representative by executing a special power of attorney authorizing a person to initiate or defend a case in your behalf.
if criminal and the crime committed against you was a private crime (those that cannot be prosecuted except at the instance of the private complainant, like acts of laaciviousness, seduction, abduction), nobody can file it but you.
if criminal and the crime committed is not a private crime but public crime (one where it can be prosecuted de oficio, meaning it can initiated by the police or any officer charged with the enforcement of the law violated), you don't need a representative. all you need to do if you are the complainant is to execute a complaint - affidavit detailing what happened. please take note that private complainants in public crimes are relegated merely as witnesses for the "people of the Philippines." This is so because crimes are outrage against the state which the latter has the right to be vindicated. in the case of private crimes, the offended party is the only one who can jumpstart the prosecutory process. this is an option granted by our law for her or him to suffer the outrage in silence rather than go through the scandal of public trial.

Impressive! I learned something new today bro. Thanks!

[earthlyken]

what case did you file, criminal or civil?
if civil case, you need to appoint a legal representative by executing a special power of attorney authorizing a person to initiate or defend a case in your behalf.
if criminal and the crime committed against you was a private crime (those that cannot be prosecuted except at the instance of the private complainant, like acts of laaciviousness, seduction, abduction), nobody can file it but you.
if criminal and the crime committed is not a private crime but public crime (one where it can be prosecuted de oficio, meaning it can initiated by the police or any officer charged with the enforcement of the law violated), you don't need a representative. all you need to do if you are the complainant is to execute a complaint - affidavit detailing what happened. please take note that private complainants in public crimes are relegated merely as witnesses for the "people of the Philippines." This is so because crimes are outrage against the state which the latter has the right to be vindicated. in the case of private crimes, the offended party is the only one who can jumpstart the prosecutory process. this is an option granted by our law for her or him to suffer the outrage in silence rather than go through the scandal of public trial.

Thank you for the response...the case is malicious mischief

May schedule hearing napo kami..problem here is that paalis napo ako sa barko po for work and will be back after a year or more.. Being the complainant..can i ask my brother to represent for me along with my attorney?

Thank you again sir