your legal problems here

[Juan Martinez]

Sir JM just now,my son called me and he told me that4 MMDA personnel forcibly took his motorcycle with the present of a police officer.sabi ng anak ko nag tanung Lang daw sya so SG ng bldng Kung tama yun address na pinuntahan nya,sopposedly nasa no parking zone sya,pero di sya bumaba ng ka yang motor.now sir is it legal for those MMDA personnel to impound his bike? sa E.rodrigues QC,sya nahuli daw,pero yun motor dinala sa impounding area sa pasig,no ticket given just a piece of paper indicating the plate # ng tow truck,sir need advice on how to deal with those morons,Tia

matindi yan bro. 5 against 1. anyhow, if you are aggrieved with the TEs actions, you call MMDA hotline and ask the Metrobase to send inspectors for proper investigation. • MMDA Hotline: 136 • Metrobase: 0917 527 7304

The following violations shall cause the impounding of a motor vehicle:
(Sec. 73, MC 89-105)
Unregistered/Improperly registered/delinquent or invalid registration
Unregistered substitute or replacement motor, vehicle engine, engine block or chassis
Unauthorized change of color or configuration
Operating, allowing the operation of a motor vehicle with a suspended or revoked Certificate of Registration
Using license plates different from the body number
Illegal Transfer of plates, tags, or stickers
Violations involving absence of required parts, accessories or devices or defective parts, accessories or devices which pose danger to the public
Authorized route not properly painted
Unauthorized/improvised number plates
Failure to paint on vehicle business or trade name
Failure to paint required markings
No body number (for PUV)
Using radio or stereo in violation of existing regulation or without the necessary permit, or in breach of the condition in permit regulation.
Installation of jalousies, curtains, dim colored lights, strobe lights, dancing lights or similar lights, colored tinted or painted windshield on window glass on "for hire" vehicles
In addition, the following violations shall also cause the impounding of the motor vehicle:
Driving without a license plate
Fake drivers license/TVR
Fake sticker
Fake license plate
Fake Official Receipt and Certificate of Registration
Tampered documents pertaining to franchising, registration and licensing
Failure to present any document regarding motor vehicle ATTA
Breach of Franchise Conditions
Improper use of drivers license
Expired drivers license
Expired Traffic Violation Receipt

Note:
TEs shall issue Traffic Violation Receipt with a second copy issued for your records.

[cardict]

Noted sir JM,thanks

[earthlyken]

Sir JM question,

We received a notice dated july 31 directing the complainant to comment sa MR namin and they were given 5 days to comment...as of this writting we have not receive any notice/comment from them...

What would happen next?

Will they dismiss the case? And withdraw it from the court?

Or trial will still resume eventhough they didn't comment?

Thanks for reading

[itchier]

sir jm...
pag ba na oplan katok ng pnp at sinabi mong nawala yung baril.....pwede na bang rason yun para magka search warrant yung bahay mo?

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sir jm...
pag ba na oplan katok ng pnp at sinabi mong nawala yung baril.....pwede na bang rason yun para magka search warrant yung bahay mo?

[_Cathy_]

What are the repercussions if I kill an animal that trespasses in our property? (eg neighbor's cat inside our yard)

[Juan Martinez]

sir jm...
pag ba na oplan katok ng pnp at sinabi mong nawala yung baril.....pwede na bang rason yun para magka search warrant yung

nope. somebody should testify before the judge who would issue the SW that you're keeping a loose firearm in your house. you better execute an affidavit to establish the fact of loss of your FA to avoid legal ramifications.

[Juan Martinez]

What are the repercussions if I kill an animal that trespasses in our property? (eg neighbor's cat inside our yard)

1) malicious mischief
2) cruelty
3) civil liability
-if it's a stray cat, you're answerable only to your conscience.

[Juan Martinez]

Sir JM question,

We received a notice dated july 31 directing the complainant to comment sa MR namin and they were given 5 days to comment...as of this writting we have not receive any notice/comment from them...

What would happen next?

Will they dismiss the case? And withdraw it from the court?

Or trial will still resume eventhough they didn't comment?

Thanks for reading

1) with or without the comment of your opponent, one thing is sure-- the court will resolve your MR.
2) crespo vs. mogul is authority for the rule that, once a complaint or information is filed in court, any disposition of the case resulting either in the conviction or acquittal of the accused rests in the sound discretion of the court, who is the best and sole judge on what action to take in the case before it.
(bro, parang consultant na yata ako sa kaso mo ah )

[earthlyken]

1) with or without the comment of your opponent, one thing is sure-- the court will resolve your MR.
2) crespo vs. mogul is authority for the rule that, once a complaint or information is filed in court, any disposition of the case resulting either in the conviction or acquittal of the accused rests in the sound discretion of the court, who is the best and sole judge on what action to take in the case before it.
(bro, parang consultant na yata ako sa kaso mo ah )

hahahaha

thank you sir JM..gusto kolang kasi malaman kung ano mga possible mangyari..

ibig sabihin poba ng resolve ay na grand yung MR?

if na grant yung MR may possibility ma dismiss or ma withdraw yung case sa court?

or resolve yung MR pero tuloy padin yung trial?

thank you po again sir JM

[kimbon]

1) with or without the comment of your opponent, one thing is sure-- the court will resolve your MR.
2) crespo vs. mogul is authority for the rule that, once a complaint or information is filed in court, any disposition of the case resulting either in the conviction or acquittal of the accused rests in the sound discretion of the court, who is the best and sole judge on what action to take in the case before it.
(bro, parang consultant na yata ako sa kaso mo ah )

onga, di bale atty ikaw naman daw ang re-represent sa kanya bilang defendant pero request nya pro bono daw. LOL

[dreamur]

1) with or without the comment of your opponent, one thing is sure-- the court will resolve your MR.
2) crespo vs. mogul is authority for the rule that, once a complaint or information is filed in court, any disposition of the case resulting either in the conviction or acquittal of the accused rests in the sound discretion of the court, who is the best and sole judge on what action to take in the case before it.
(bro, parang consultant na yata ako sa kaso mo ah )

Lol! Pro bono bro. The mark of a real statesman.

[itchier]

nope. somebody should testify before the judge who would issue the SW that you're keeping a loose firearm in your house. you better execute an affidavit to establish the fact of loss of your FA to avoid legal ramifications.

salamat sir jm. ofw ako, pwede na ba yung affidavit of loss. kinakabahan kasi yung misis ko.

[Juan Martinez]

Lol! Pro bono bro. The mark of a real statesman.

puro abono bro pero dito sa probinsya ok na manok, itlog, saging, kamote ang bayad

[Juan Martinez]

salamat sir jm. ofw ako, pwede na ba yung affidavit of loss. kinakabahan kasi yung misis ko.

yes, affidavit of loss. for record purposes, ipa-blotter mo bro na nawala yung baril mo.

[dr. d]

atty juan martinez! help! might i pray that you visit "bat ka badtrip today?" channel, and give us your opinion.
re. MC rider hurting himself as he bumps onto (illegally?) parked vehicle.
thanks.

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atty juan martinez! help! might i pray that you visit "bat ka badtrip today?" channel, and give us your opinion.
re. MC rider hurting himself as he bumps onto (illegally?) parked vehicle.
thanks.

[frosthemlock]

Im looking into threads where i could ask help and posting here is somehow relevant. Anyone here from ltfrb or may kakilala sa loob that can help? Pm me please. Your help is much appreciated

[cast_no_shadow]

Atty. question naman dyan!

If a division of supreme court released a decision may finality na ba yun?

Ano ba yung division? Isang mahistrado lang nag decide? Not all judges?

When does the supreme court release an enbanc decision?


Sent from my iPhone using Tapatalk

[Juan Martinez]

Atty. question naman dyan!

If a division of supreme court released a decision may finality na ba yun?

Ano ba yung division? Isang mahistrado lang nag decide? Not all judges?

When does the supreme court release an enbanc decision?


Sent from my iPhone using Tapatalk

bro CNS lifted from Section 4, Article VIII, 1987 Constitution:

1. The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

2. All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

3. Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

[cast_no_shadow]

bro CNS lifted from Section 4, Article VIII, 1987 Constitution:

1. The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.

2. All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

3. Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.

Thanks on that, i thought 1 division = 1 assoc justice group din pala.

division decision can still be lifted to the Court of Appeals?

TIA

[Juan Martinez]

division decision can still be lifted to the Court of Appeals?

TIA

by hierarchy of courts, the SC is on top of the ladder. only the supreme court can alter, modify, or reverse its own decision.