your legal problems here

[Juan Martinez]

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

Anong hearing ba yan? Arraignment? kung arraignment lang, no need for your presence. pero kung arraignment AND pretrial, just give your brother SPA authorizing him to enter stipulations in your behalf.
pero kung schedule mo na mag testify, kailangang andyan ka. the prosecution can hardly prove its case if its vital witness cannot or will not testify.

[earthlyken]

Anong hearing ba yan? Arraignment? kung arraignment lang, no need for your presence. pero kung arraignment AND pretrial, just give your brother SPA authorizing him to enter stipulations in your behalf.
pero kung schedule mo na mag testify, kailangang andyan ka. the prosecution can hardly prove its case if its vital witness cannot or will not testify.

Opo arraignment po...

So if i didn't testify, the case can possibly be dismiss sir?

Can all my statement sa affidavit be enough and have my brother do all the appearance for me? Since andun naman siya from the start of the incident...


Thank you po

[Juan Martinez]

^arraignment is that stage of the proceeding in criminal case where the information (complaint) against the accused is read to him in accordance with his constitutional right to be informed of the nature and cause of accusation against him. if he enters a plea of guilty during arraignment then that's the end of it. however, if he enters a not guilty plea. then pretrial and trial will follow.

as a complainant, your testimony is vital to the prosecution's case. there's a probability that it will be dismissed if you can't or won't testify.
however, if you have witnesses (like your brother and other witnesses) who can testify over what happened and can prove all the elements of malicious mischief, then yung akusado could be convicted on the basis thereof.

[Juan Martinez]

TUPAS AS SOJ? ouch! my foot!

Tupas, Sarmiento to head DOJ, DILG? http://feeds.abs-cbnnews.com/nation/...-head-doj-dilg

[earthlyken]

How can we succesfully convict a person with malicious mischief?

Our car was scratched the
Other day..we checked the cctv footage, length of the camera was 40 meters far and it was not HD copy..the footage was kind of grainy, to even recognize who is the person and what they were holding...also there were other people, side car, taxi pass by close to the car where the scratch is at...the difference here is we were able to positively identified a person who passby the car and from front to back of the car and we saw his right hand stick close in the car...

What are my chances for winning this case before we go any further...

Am thinking what if they ask whats our proof that the scratch was not there before they passby and it may be cause by other people on other place...

Please advise...thank you

[glenn manikis]

Honestly speaking, sayang time and effort mo... Yung ganyan nature of case, penalized Lang gumawa ng, few thousand pesos.. No imprisonment... Ang maganda Lang dyan may Criminal record Na cya..

And kung Malabo evidence mo.. Malabo din chances mo... You need strong and clear evidence... Unless..... Etc etc..... Just my 2cents...

[macsd]

TUPAS AS SOJ? ouch! my foot!

Tupas, Sarmiento to head DOJ, DILG? http://feeds.abs-cbnnews.com/nation/...-head-doj-dilg

WTF ! TOPAK is another idiot.

[Juan Martinez]

WTF ! TOPAK is another idiot.

:D he looked like a "basang sisiw" when senator santiago gave him a dressing down during corona's impeachment. and they consider him a secretary of justice? some people tends to eat more than they can chew.

[Juan Martinez]

How can we succesfully convict a person with malicious mischief?

Our car was scratched the
Other day..we checked the cctv footage, length of the camera was 40 meters far and it was not HD copy..the footage was kind of grainy, to even recognize who is the person and what they were holding...also there were other people, side car, taxi pass by close to the car where the scratch is at...the difference here is we were able to positively identified a person who passby the car and from front to back of the car and we saw his right hand stick close in the car...

What are my chances for winning this case before we go any further...

Am thinking what if they ask whats our proof that the scratch was not there before they passby and it may be cause by other people on other place...

Please advise...thank you

you are a very unfortunate fellow. in the thread "legal moves" that you started you were at a receiving end of a nasty accusation of malicious mischief. i even gave you a lengthy legal advice on what to do because you said you received a resolution from the prosecutor's office without you having filed a counter-affidavit.

http://tsikot.com/forums/showthread.php?t=100470

now, you're back but the tide is turned-- you are now the complainant of malicious mischief. but what is disturbing is that the facts of the two cases you presented are substantially the same. experience tells me that no two cases have the same factual environment. are you not making up stories here? if you are, you're no different from people who are trolling, people who should be banned. i started this thread in order to help members who are in need of legal advice, especially in criminal cases, because I believe that i have the education and experience to do so, having been connected for almost two decades with the two of the five pillars of criminal justice system. please correct me if I'm wrong because if I'm correct you better find better things to do. (to those who might think "nang-aapi" ako dito, or those who i might have slighted here, please PM me so that we can meet in person and square or settle out differences. thank you.)

[earthlyken]

you are a very unfortunate fellow. in the thread "legal moves" that you started you were at a receiving end of a nasty accusation of malicious mischief. i even gave you a lengthy legal advice on what to do because you said you received a resolution from the prosecutor's office without you having filed a counter-affidavit.

http://tsikot.com/forums/miscellaneo...-moves-100470/

now, you're back but the tide is turned-- you are now the complainant of malicious mischief. but what is disturbing is that the facts of the two cases you presented are substantially the same. experience tells me that no two cases have the same factual environment. are you not making up stories here? if you are, you're no different from people who are trolling, people who should be banned. i started this thread in order to help members who are in need of legal advice, especially in criminal cases, because I believe that i have the education and experience to do so, having been connected for almost two decades with the two of the five pillars of criminal justice system. please correct me if I'm wrong because if I'm correct you better find better things to do. (to those who might think "nang-aapi" ako dito, or those who i might have slighted here, please PM me so that we can meet in person and square or settle out differences. thank you.)

Hello sir,

Sorry if you think am making stories here, am just putting myself in their shoes..sorry if i cause confusion to everyone..

The main reason why me asking these question, because i want to be sure that i have all posible answer when we face in court...

Hope you understand and again sorry for the confusion..

[Juan Martinez]

^alright bro. at least you have clarified matters.

[itchier]

yun po bang record na pag uusap na di alam ay pwedeng ebidensya sa korte?

[Juan Martinez]

yun po bang record na pag uusap na di alam ay pwedeng ebidensya sa korte?

hindi puede under RA 4200 (anti-wiretapping act). it is inadmissible in evidence in any proceeding be it criminal, civil, or administrative. the unauthorized recording is even punished with imprisonment ranging from 6 months to 6 years.

[chrismarte]

sir JM, dedepende ba sa halaga ng property kung magkano ko nabili pag nag pagawa ako ng deed of sale?

[threx666]

Actually yung nakalagay na amount in your deed of sale will be the basis on which your capital gains tax and documentary stamp tax na Babayaran sa BIR if you will transfer the TCT to your name

[Juan Martinez]

sir JM, dedepende ba sa halaga ng property kung magkano ko nabili pag nag pagawa ako ng deed of sale?

bro, generally, it is the purchase price of the property that you (as the buyer) and the seller have agreed upon that should be stated in the deed of sale. the price agreed upon is also the basis in arriving the capital gains tax due (6.5%) as well as the documentary stamp tax (1%). however, there are some people, in order to evade payment of the right taxes, that declares an amount lower than the agreed purchase price. for example, they agreed 1M as purchase price but yung inilagay nila sa deed of sale ay 500k lang. (i'm not saying that you do it ). please take note that the BIR in computing the CGT and DST will base it with the purchase price as stated in the deed of sale OR the BIR's zonal valuation of the property, whichever is higher (so if you lower the price, you need to take into account the zonal valuation).
i hope that helps.

[pastebooko]

Good pm. Ask ko lang po ano po pinaka madaling process para sa nasirang titulo ng lupa. Inanay po kasi sya sa cabinet. Sa lolo ko pa nakapangalan yung lupa pero patay na at sa abroad na nilibing. 24 years na din po ako nakatira sa bahay namin. Siguro mga bandang elementary ako nung nalaman na nasira at inanay yung titulo.

[Juan Martinez]

^petition for issuance of second owner's copy

[machine.pistol]

sir JM, dedepende ba sa halaga ng property kung magkano ko nabili pag nag pagawa ako ng deed of sale?

Are you referring to the service fee for drafting/preparing the deed of sale?

[Juan Martinez]

^ i think that's what he's referring to (on second thought) ☺