your legal problems here

[earthlyken]

Hello Sir JM,

Just want to share, last February, my friend, his brother and father got into a fight with their neighbor which result in physical injury, they went thru barangay and eventually sa court, the other party charged them with frustrated something (not sure with the term), then they got to the arraignment part, my friends has no attorney, so their hearing rescheduled for 3 times that's 3 to 4 months interval, no on their 3rd hearing they still don't have a lawyer then the judge appoint them a PAO lawyer and was advised to just plead guilty, so they did..

then come the 4th hearing then the judge final decision is to return the case back to the Barangay.

is that possible? and since they plead guilty, all 3 of them has derogatory records in their NBI records, but the court give them certificate that they're cleared with the charged.

so in the end, my friends, brother and their father got away with the charges filed against them, but got a record for doing so..

medyo magulo yung process ng decision, question here is where is the Justice?

Am just sharing and also comparing this scenario with mine, cause with them, complainant has proof and evidence like medical report and proof from the people from Barangay. unlike mine, their only evidence is a grainy cctv footage with no proof that there's no scratch before i past by..

Thanks for reading.

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

Hello Sir JM,

Just want to share, last February, my friend, his brother and father got into a fight with their neighbor which result in physical injury, they went thru barangay and eventually sa court, the other party charged them with frustrated something (not sure with the term), then they got to the arraignment part, my friends has no attorney, so their hearing rescheduled for 3 times that's 3 to 4 months interval, no on their 3rd hearing they still don't have a lawyer then the judge appoint them a PAO lawyer and was advised to just plead guilty, so they did..

then come the 4th hearing then the judge final decision is to return the case back to the Barangay.

is that possible? and since they plead guilty, all 3 of them has derogatory records in their NBI records, but the court give them certificate that they're cleared with the charged.

so in the end, my friends, brother and their father got away with the charges filed against them, but got a record for doing so..

medyo magulo yung process ng decision, question here is where is the Justice?

Am just sharing and also comparing this scenario with mine, cause with them, complainant has proof and evidence like medical report and proof from the people from Barangay. unlike mine, their only evidence is a grainy cctv footage with no proof that there's no scratch before i past by..

Thanks for reading.

[Juan Martinez]

Sir JM 1., sakin pagkakaalam(Dahl sabi ng mga ymaong oldies,wala silang idea Kung may title ito,pero they are in possession as along as they can remember
2.yun naman subdivided,yun po kasi ay isang lote na may malaking sukat,hinati hating mga nuno namin at nabenta sa mga Tao ,at yun nga pong natira ang ipinamana sa amin

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



Sir JM 1., sakin pagkakaalam(Dahl sabi ng mga ymaong oldies,wala silang idea Kung may title ito,pero they are in possession as along as they can remember
2.yun naman subdivided,yun po kasi ay isang lote na may malaking sukat,hinati hating mga nuno namin at nabenta sa mga Tao ,at yun nga pong natira ang ipinamana sa amin

you file an application for land registration with the regional trial court of the province or city where the land is situated.
you shall file together with the application all original muniments of titles or copies thereof and a survey plan of the land approved by the bureau of lands.

here is the form ang contents provided for by PD 1529 (property registration decre) for your ready reference:


Republic of the Philippines
Regional Trial Court of _________________

The undersigned, __________________________________________________ __________hereby applies (or apply) to have the land hereinafter described brought under the operation of the Property Registration Decree, and to have the title thereto registered and confirmed:
AND DECLARE . . .

1. That the applicants/s is/are the owners of the land (by virtue of inheritance or deed of sale or conveyance and/or possession in accordance with Section 14 of said Decree), together with the building and improvements thereon, with the exception of the following:________________________________________ __________________________ which is/are the property of _________________________ residing at _________________________ The said land, consisting of ____________________ parcel/s is/are situated, bounded and described as shown on the plan and technical descriptions attached hereto and made a part hereof, with the following exception:________________________________________ ___________________________

2. That said land at the last assessment for taxation was assessed at P ____, Philippine currency, and the buildings and other improvements at P ___________, Philippine currency.

3. That to the best of my/our knowledge and belief, there is no mortgage or encumbrance of any kind whatsoever affecting said land, nor any other person having any interest therein, legal or equitable, or in possession, other than as follows: __________________________________________________ _____________________________

4. That the applicant/s has/have acquired said land in the following manner: ________________________________

(Note: Refer to Sec. 14 of said Decree. State also whether the property is conjugal, paraphernal or exclusive property of the applicant/s)

5. That said land is occupied by the following person: _____________________________ ______________________________________________

6. That the names in full and addresses, as far as known to the undersigned, of the owners of all adjoining properties, of the persons mentioned in paragraphs 3 and 5, and of the persons shown on the plan as claimants, are as follows: __________________________________________________ ______________________________________

7. That the applicant/s is/are single or married to ____________________ (Note: if marriage has been legally dissolved, state when and how the marriage relation terminated.)______________________________________ ___________________________ _____________________

8. That the applicant's/s' full name, age, citizenship, residence, and postal address/es is/are as follows: __________________________________________________ _________________

9. That (Note: If the land included in the application is bounded by a public or private way or road, there should be stated in this paragraph whether or not the applicant claims any and what land within the limits of the way or road and whether the applicant desires to have the line of the way or road determined.) ________________________________________ ___________________________

10. That the following documents are attached hereto and made a part hereof: ___________________________________ ________________________________

Signed at ___________________ this _____________________ day of ____________________, in the year nineteen hundred and ______________________.


__________________________
Applicant



_________________________
(Post Office Address)




REPUBLIC OF THE PHILIPPINES
PROVINCE (OR CITY) OF _______________


On this _______________ day of _________________________,19 ________ personally appeared before me the above- named __________________________________________________ known to me to be the person/s who executed the foregoing application and made oath that the statements therein are true of his/their knowledge, information and belief.

The Residence Certificate/s ______________________ of the applicant/s ______________ was/were exhibited to me being No. _________________ issued at ___________________ dated ____________, 19 __________.




________________________

(Notary Public, or other Officer
authorized to administer oaths)

PTR NO. _________________

[Juan Martinez]

Hello Sir JM,

Just want to share, last February, my friend, his brother and father got into a fight with their neighbor which result in physical injury, they went thru barangay and eventually sa court, the other party charged them with frustrated something (not sure with the term), then they got to the arraignment part, my friends has no attorney, so their hearing rescheduled for 3 times that's 3 to 4 months interval, no on their 3rd hearing they still don't have a lawyer then the judge appoint them a PAO lawyer and was advised to just plead guilty, so they did..

then come the 4th hearing then the judge final decision is to return the case back to the Barangay.

is that possible? and since they plead guilty, all 3 of them has derogatory records in their NBI records, but the court give them certificate that they're cleared with the charged.

so in the end, my friends, brother and their father got away with the charges filed against them, but got a record for doing so..

medyo magulo yung process ng decision, question here is where is the Justice?

Am just sharing and also comparing this scenario with mine, cause with them, complainant has proof and evidence like medical report and proof from the people from Barangay. unlike mine, their only evidence is a grainy cctv footage with no proof that there's no scratch before i past by..

Thanks for reading.

thank you for sharing bro. let me tell you, in my experience, i have come across cases much more, for lack of better term, weirder or poignant than yours. how i wish i had all the answers. one case that really moved me was about a 4 year old girl that was raped by her own father. one day, the mother came up to me and told me that she was withdrawing the case. i shouted at her that if she would do it i would ask the dswd to take custody of her daughter and i threatened to file a case against her. i was thinking "nakikipag- areglo na ito." but, no, i was wrong. the mother cried in front of me. she told me she didn't have work, that they are poorest of the poor.
they live in an island far from the main land that she needs to spend at least php1,000 to get to court. at the time, they didn't even had breakfast that was why her daughter was very weak. that was why she could hardly talk. i was thinking how could they ever achieve justice? they are the kind of people who accept money from politicians during elections that people in this forum labeled as "BOBOTANTE."
there are so many cases like these in my court-- incestuous rape, murder, parricide, drugs cases, you name it-- and each have their own story to tell.
in your case, you man up, face your accuser. i'm sure at the end of the day, justice will be served.

[cardict]

.

you file an application for land registration with the regional trial court of the province or city where the land is situated.
you shall file together with the application all original muniments of titles or copies thereof and a survey plan of the land approved by the bureau of lands.

here is the form ang contents provided for by PD 1529 (property registration decre) for your ready reference:


Republic of the Philippines
Regional Trial Court of _________________

The undersigned, __________________________________________________ __________hereby applies (or apply) to have the land hereinafter described brought under the operation of the Property Registration Decree, and to have the title thereto registered and confirmed:
AND DECLARE . . .

1. That the applicants/s is/are the owners of the land (by virtue of inheritance or deed of sale or conveyance and/or possession in accordance with Section 14 of said Decree), together with the building and improvements thereon, with the exception of the following:________________________________________ __________________________ which is/are the property of _________________________ residing at _________________________ The said land, consisting of ____________________ parcel/s is/are situated, bounded and described as shown on the plan and technical descriptions attached hereto and made a part hereof, with the following exception:________________________________________ ___________________________

2. That said land at the last assessment for taxation was assessed at P ____, Philippine currency, and the buildings and other improvements at P ___________, Philippine currency.

3. That to the best of my/our knowledge and belief, there is no mortgage or encumbrance of any kind whatsoever affecting said land, nor any other person having any interest therein, legal or equitable, or in possession, other than as follows: __________________________________________________ _____________________________

4. That the applicant/s has/have acquired said land in the following manner: ________________________________

(Note: Refer to Sec. 14 of said Decree. State also whether the property is conjugal, paraphernal or exclusive property of the applicant/s)

5. That said land is occupied by the following person: _____________________________ ______________________________________________

6. That the names in full and addresses, as far as known to the undersigned, of the owners of all adjoining properties, of the persons mentioned in paragraphs 3 and 5, and of the persons shown on the plan as claimants, are as follows: __________________________________________________ ______________________________________

7. That the applicant/s is/are single or married to ____________________ (Note: if marriage has been legally dissolved, state when and how the marriage relation terminated.)______________________________________ ___________________________ _____________________

8. That the applicant's/s' full name, age, citizenship, residence, and postal address/es is/are as follows: __________________________________________________ _________________

9. That (Note: If the land included in the application is bounded by a public or private way or road, there should be stated in this paragraph whether or not the applicant claims any and what land within the limits of the way or road and whether the applicant desires to have the line of the way or road determined.) ________________________________________ ___________________________

10. That the following documents are attached hereto and made a part hereof: ___________________________________ ________________________________

Signed at ___________________ this _____________________ day of ____________________, in the year nineteen hundred and ______________________.


__________________________
Applicant



_________________________
(Post Office Address)




REPUBLIC OF THE PHILIPPINES
PROVINCE (OR CITY) OF _______________


On this _______________ day of _________________________,19 ________ personally appeared before me the above- named __________________________________________________ known to me to be the person/s who executed the foregoing application and made oath that the statements therein are true of his/their knowledge, information and belief.

The Residence Certificate/s ______________________ of the applicant/s ______________ was/were exhibited to me being No. _________________ issued at ___________________ dated ____________, 19 __________.




________________________

(Notary Public, or other Officer
authorized to administer oaths)

PTR NO. _________________

A very useful and helpful tip sir JM,thank you very much

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

.

you file an application for land registration with the regional trial court of the province or city where the land is situated.
you shall file together with the application all original muniments of titles or copies thereof and a survey plan of the land approved by the bureau of lands.

here is the form ang contents provided for by PD 1529 (property registration decre) for your ready reference:


Republic of the Philippines
Regional Trial Court of _________________

The undersigned, __________________________________________________ __________hereby applies (or apply) to have the land hereinafter described brought under the operation of the Property Registration Decree, and to have the title thereto registered and confirmed:
AND DECLARE . . .

1. That the applicants/s is/are the owners of the land (by virtue of inheritance or deed of sale or conveyance and/or possession in accordance with Section 14 of said Decree), together with the building and improvements thereon, with the exception of the following:________________________________________ __________________________ which is/are the property of _________________________ residing at _________________________ The said land, consisting of ____________________ parcel/s is/are situated, bounded and described as shown on the plan and technical descriptions attached hereto and made a part hereof, with the following exception:________________________________________ ___________________________

2. That said land at the last assessment for taxation was assessed at P ____, Philippine currency, and the buildings and other improvements at P ___________, Philippine currency.

3. That to the best of my/our knowledge and belief, there is no mortgage or encumbrance of any kind whatsoever affecting said land, nor any other person having any interest therein, legal or equitable, or in possession, other than as follows: __________________________________________________ _____________________________

4. That the applicant/s has/have acquired said land in the following manner: ________________________________

(Note: Refer to Sec. 14 of said Decree. State also whether the property is conjugal, paraphernal or exclusive property of the applicant/s)

5. That said land is occupied by the following person: _____________________________ ______________________________________________

6. That the names in full and addresses, as far as known to the undersigned, of the owners of all adjoining properties, of the persons mentioned in paragraphs 3 and 5, and of the persons shown on the plan as claimants, are as follows: __________________________________________________ ______________________________________

7. That the applicant/s is/are single or married to ____________________ (Note: if marriage has been legally dissolved, state when and how the marriage relation terminated.)______________________________________ ___________________________ _____________________

8. That the applicant's/s' full name, age, citizenship, residence, and postal address/es is/are as follows: __________________________________________________ _________________

9. That (Note: If the land included in the application is bounded by a public or private way or road, there should be stated in this paragraph whether or not the applicant claims any and what land within the limits of the way or road and whether the applicant desires to have the line of the way or road determined.) ________________________________________ ___________________________

10. That the following documents are attached hereto and made a part hereof: ___________________________________ ________________________________

Signed at ___________________ this _____________________ day of ____________________, in the year nineteen hundred and ______________________.


__________________________
Applicant



_________________________
(Post Office Address)




REPUBLIC OF THE PHILIPPINES
PROVINCE (OR CITY) OF _______________


On this _______________ day of _________________________,19 ________ personally appeared before me the above- named __________________________________________________ known to me to be the person/s who executed the foregoing application and made oath that the statements therein are true of his/their knowledge, information and belief.

The Residence Certificate/s ______________________ of the applicant/s ______________ was/were exhibited to me being No. _________________ issued at ___________________ dated ____________, 19 __________.




________________________

(Notary Public, or other Officer
authorized to administer oaths)

PTR NO. _________________

A very useful and helpful tip sir JM,thank you very much

[cardict]

Sir JM ,please bear with me ,just a follow up query ,since Hindi ako pwedeng mag leave ng madalas sa trabaho,can I use middleman wit SPA,any idea Kung magkano Lahat magagastos?👍🏻

[kisshmet]

Children left behind by a deceased are supposed to inherit assets right

How about liabilities of the deceased?

[Juan Martinez]

Sir JM ,please bear with me ,just a follow up query ,since Hindi ako pwedeng mag leave ng madalas sa trabaho,can I use middleman wit SPA,any idea Kung magkano Lahat magagastos?👍🏻

yes, you can appoint or designate a representative with SPA. since i'm no longer in private practice, i don't know how much.

[machine.pistol]

Children left behind by a deceased are supposed to inherit assets right

How about liabilities of the deceased?

No. The creditors of the deceased can run only after the properties of the estate.

If there's an estate proceeding whether restate (deceased left a will) or intestate (deceased left no will), the creditor must file his claim in the proceeding and prove his credit there. In the distribution of the estate, his claim will be settled there after payments for taxes but before distribution of the net estate to the heirs.

If there is no estate proceeding, the creditor must be vigilant. In case of extrajudicial settlement of the estate by the heirs (where the deceased supposedly left no debts), the properties of the estate that have been distributed to/partitioned among the heirs are encumbered (charged) for a period of two years during which the properties may answer for any claims of creditors. This encumbrance (charge) is annotated on the certificate of title on the property that is issued in the name of the heirs as a result of the extrajudicial settlement. So any buyer of the property from the heirs will have to be careful that he buys the property after that has expired, otherwise the creditor of the estate may still run after the property even though it is already in the name of he heirs.

After the period has expired, the heirs (or the buyer if the property has been sold by the heirs) may go to the register of deeds through a written petition to have the encumbrance cancelled.

[machine.pistol]

sus bro yun lang pala! :D i'm not sure ha, parang... mukhang... di ba 20% sa purchase price? so kung nabili mo ng 500k, parang 100k siguro, but i'm not sure. paki tanong mo na lang kay MP baka alam niya.

For preparing/drafting the deed of sale, it's just a matter of discussing with the lawyer what his service fee will be. If it's a brick and mortar deed of sale, you can actually just lift the deed from any internet site and use it as reference. But it is usually more than that because whether you are the seller or the buyer, you would want to get advice on your rights, obligations and liabilities under the contract. So you will be charged for that advice as well which will be incorporated in the deed. So then, there are no set rules or prescribed minimum/maximum rates.

There are transactions, usually complex and involves millions of pesos, where the seller and buyer each are represented by a lawyer. They will then each bear the cost of representation.

On the other hand, there are simple transactions where the seller and buyer agree to appoint a transaction lawyer to advice them jointly. That usually happens when the parties have agreed on the commercial terms such as who between them will shoulder the taxes and fees.

Aside from the drafting of the deed and providing legal advice, the parties might want to have the deed notarized by the same lawyer. The max fee is P100 (Rules of Court, Rule 141 Section 12 in relation to the Notarial Law). Most notaries charge higher than that. But it should not be based on the purchase price. If a lawyer/notary insists on collecting his notarial fee equivalent to a certain percentage based on the purchase price, go find another notary.

[earthlyken]

Hello Sir JM,

Question, if ever my case got dismissed, how much time do i have to file a counter civil case against them for damages and criminal case for malicious prosecution? also in doing this, do i need to go thru the barangay first? or i can go ahead and file it with the prosecutors office?

lastly whats my guarantee that i can get the amount am asking for damages?

Thank you again for reading...

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

Hello Sir JM,

Question, if ever my case got dismissed, how much time do i have to file a counter civil case against them for damages and criminal case for malicious prosecution? also in doing this, do i need to go thru the barangay first? or i can go ahead and file it with the prosecutors office?

lastly whats my guarantee that i can get the amount am asking for damages?

Thank you again for reading...

[Juan Martinez]

Hello Sir JM,

Question, if ever my case got dismissed, how much time do i have to file a counter civil case against them for damages and criminal case for malicious prosecution? also in doing this, do i need to go thru the barangay first? or i can go ahead and file it with the prosecutors office?

lastly whats my guarantee that i can get the amount am asking for damages?

Thank you again for reading...

a person who is truly aggrieved must act at the earliest opportunity. either criminal case or civil case there is no guarantee. the barangay justice system shall apply only to parties living or residents of the same or municipality and the penalty does exceed not one year.

[kisshmet]

If there's an estate proceeding whether restate (deceased left a will) or intestate (deceased left no will), the creditor must file his claim in the proceeding and prove his credit there. In the distribution of the estate, his claim will be settled there after payments for taxes but before distribution of the net estate to the heirs.

What happens if the payment of the deceased debtor isnt enough to cover even half of the debt from the creditor?

[machine.pistol]

What happens if the payment of the deceased debtor isnt enough to cover even half of the debt from the creditor?

Goodbye. That's why professional lenders, like banks, require a security, e.g. real estate mortgage.

[earthlyken]

Hello Sir JM,

Question lang po regarding sa case ko,

nakatangap ako ng notice "resolution" last June 29 na naka file na sa court yung case kopo..then since resolution napo siya...what we did is nag submit kami ng MR for the dismissal due to "utter lack of merit" last July 13 (14 days), then we received a letter of notice for court hearing last July 20 (the notice was made on July 13 which is not yet 15 days), then we received another notice from the prosecutor's office last August 10 directing the complainant to submit their comments for the MR we submitted last July...baket ang gulo ng process nila? they didn't follow the preliminary hearing, they didn't follow the 15 days for us to submit MR, may court hearing na agad..and since may court hearing schedule na, baket nag submit pa ng notice yung prosecutor sa complainant?

Thanks for reading again sir JM...TIA

[Juan Martinez]

Hello Sir JM,

Question lang po regarding sa case ko,

nakatangap ako ng notice "resolution" last June 29 na naka file na sa court yung case kopo..then since resolution napo siya...what we did is nag submit kami ng MR for the dismissal due to "utter lack of merit" last July 13 (14 days), then we received a letter of notice for court hearing last July 20 (the notice was made on July 13 which is not yet 15 days), then we received another notice from the prosecutor's office last August 10 directing the complainant to submit their comments for the MR we submitted last July...baket ang gulo ng process nila? they didn't follow the preliminary hearing, they didn't follow the 15 days for us to submit MR, may court hearing na agad..and since may court hearing schedule na, baket nag submit pa ng notice yung prosecutor sa complainant?

Thanks for reading again sir JM...TIA

yung sinabi mong notice ng prosecutor na ipinadala niya sa complainant para naman makapag comment siya sa ipinag file mo na MR ay kailangan para malaman ng complainant na ikaw ay nag file ng MR and if he is minded to he may file his comment. that is a requirement of due process. kung di mapag bigyan ng pagkakataon na magkomento sa inihain mong motion ang complainant mayamaya kung mai-grant yung MR mo baka sasabihin niya bias ang prosecutor sa inyo.
Sana nag file kayo together with your MR ng motion to defer filing of information in court.
anyway, under the rules, within five days from knowledge that an information is filed in court against, you have the right to file a motion for reinvestigation in court. if granted, the court will order the prosecutor to conduct a reinvestigation of your case. OR, in the alternative, before the judge will issue a warrant of arrest against you, you may file a motion for judicial determination of probable cause. yan ang ginawa ni ping lacson sa kaso niya.
i hope you engage a very good lawyer who knows his thing so that you'll amply be protected and all these things that I told you will be explained to you clearly.

[_Cathy_]

Wow! All this trouble for a scratched car. Your neighbor has too much time on his hands or is plain psycho.

[earthlyken]

Wow! All this trouble for a scratched car. Your neighbor has too much time on his hands or is plain psycho.

Tama kayo, actually yung may ari ng sasakyan na nasa barko ngayon, ayaw na, yung kuya lang niya ang nag pupush dahil walang trabaho at gusto ata magka pera sa papamagitan sa pag bintang sa ibang tao yung gasgas ng sasakyan nila..not sure if susupportahan ba ng kapatid niya yung gastos sa attorney nila if nagtuloy tuloy tong case nato..

Well good luck nalang sa kanila, medyo excited din ako dahil first time ko makapunta sa court hearing..

[Stoner]

Can you counter-sue for lawyer's fees, incidental expenses, or even personal trauma (lol) in cases like these?

[machine.pistol]

Yes. But with the pace of our legal system, you're better off praying that some bad karma will also befall your false accuser.

[cardict]

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