your legal problems here

[Juan Martinez]

i wonder walang kasong criminal :what: dahil mababait mga taga tsikot? puro property. in other words, mga mayayaman MOSTLY taga tsikot
criminal law is my field kasi. wala bang kidnapping or illegal drugs or violation of the human security act?

[Ry_Tower]

i wonder walang kasong criminal :what: dahil mababait mga taga tsikot? puro property. in other words, mga mayayaman MOSTLY taga tsikot
criminal law is my field kasi. wala bang kidnapping or illegal drugs or violation of the human security act?

Sige na nga illegal drugs. Sa buy bust operation kelan dapat nilalabas drugs na nakulimbat? During the arrest or kahit mga 4-5 hours later? Marked money kelan din dapat ilabas nang raiding team sa suspect as proof of the operation?

Lakas na negosyo nito eh. hehe

[_Cathy_]

Oonga bro cast_no_shadow

Babayaran ko pa sila para umalis sa lupa namin tapos kami din nag babayad ng tax ano sila siniswete!!

Unfortunately this happens a lot. My lola did the same and had to sell another property to pay for the people to leave.

Meron naman sa side ng Mom ko pinabayaan na kasi tinayuan na ng concrete house umabot din sa court. My Auntie said she will give her share to me for that property. Sayang.There is a thing called karma.

[crosswind]

kung yung pag squat ay di pa lumagpas ng isang taon file kayo ng forcible entry ng MTCC ng davao. pero kung more than 1 year na yung dispossession, file accion publiciana or accion reivendicatoria. Bahala na korte at ang sheriff ang magpa alis sa kanila. kung totoong well-connected kayo dun ibackchannel nyo kay digong.

Thanks sa Reply Atty. Juan
mahigit 1 year na yata nung sinabi sa amin mga 3 yrs ago na nung nagpunta dito sa Maynila

[machine.pistol]

An alternative to ejecting the IS through court action is to offer the property to the Community Mortgage Program of NHA.

[Juan Martinez]

Sige na nga illegal drugs. Sa buy bust operation kelan dapat nilalabas drugs na nakulimbat? During the arrest or kahit mga 4-5 hours later? Marked money kelan din dapat ilabas nang raiding team sa suspect as proof of the operation?

Lakas na negosyo nito eh. hehe

under ra 9165, all operations pertaining to drugs must be coordinated with the PDEA. prior to the actual buy-bust operation, most of the time may surveillance at "test buy." these things must be coordinated with the PDEA. so may record yan may control number. yung shabu na nabili sa "test buy" dalhin sa crime for laboratory examination to determine presence of methamphetamine hydrochloride. may record din yan. immediately prior to the actual buy-bust, may pre-operation briefing yan. may record din yan. it is during the pre-op dun yun malaman ng mga operatiba sino yung subject, who will stand as the poseur-buyer, the amount of buy-bust money, and the pre-arranged signal na consummated na yung transaction. now we go to actual buy-bust. yung poseur-buyer will approach the subject or target, give him the buy-bust money. in return, magbigay yung target ng sachet of sachets of shabu depende sa magkano yung binili ni poseur-buyer. when money and goods changed hands. ibigay ni poseur-buyer yung prearranged signal (like scratching of the head) na consummated na yung transaction. then the backup policemen swoop down on the pusher and declare that he is under arrest for violation section 5 RA 9165. the will conduct a search incident to a lawful arrest on the body of the person arrested baka may dalang baril na magamit again the arresting officer or may drugs pa in his pockets. the police will read him his miranda rights. then the police will conduct an inventory on the articles seized or confiscated from the possession of the pusher. noong una yung inventory kailangan gawin yan where the arrest was made but now that law was already repealed. puede na sa police station mag inventory. next, kailangan dalhin yun shabu na na-confiscated to the crime lab for examination. this is very important. the chain of custody of the drugs must be established sino yung nag dala from the time of confiscation up to delivery of the same to the crime lab. Naka kahon na yan kasi may "chain of custody" form. nakalagay dun sa chain of custody form what time of confiscation and what time na received sa crime lab yung shabu at sino ang nag dala nun and sino ang nag received dun sa crime. this is to ensure the integrity of the evidence against the accused. kung may shabu pa sa possession ni pusher other than the subject of the buy-bust, violation of section 11 yan.
violation of sec 5 9165 is a grave offense. so within 36 from arrest kailangang ma file na yan with the prosecutor's for inquest at ma file sa rtc yung information, otherwise the arresting officers will be held liable for delay in the delivery of arrested person to the proper judicial authority under 125 RPC.

[Juan Martinez]

An alternative to ejecting the IS through court action is to offer the property to the Community Mortgage Program of NHA.

yes I agree. what benefits that the landowner may derive from this arrangement sir?

[Juan Martinez]

Thanks sa Reply Atty. Juan
mahigit 1 year na yata nung sinabi sa amin mga 3 yrs ago na nung nagpunta dito sa Maynila

puede JM lang or Juan. just drop the atty. thanks

[yebo]

JM, tatay ko si Henry Sy pero sabi nya wala daw siyang anak na maitim. Magkamukha naman kami. Paano ko ba mahahabol ang mana ko?

Seriously, ano kaso ko kung papatulan ko yung sinabi ng "agent" ko sa register of deeds na ante-date ng deed of sale from long dead relatives? Ano ba penalty sa falsification of docs? Wala na kasi e 4 years ko na nilalakad ang papers. Ang last requirement na needed are the death certificates of my long dead lolos and lolas. E nineteen kopong-kopong pa sila namatay. I got 4 only of the death certs kulang pa ng another 4. Besides not knowing the dates 1 of then also died in the US pre-WW2 pa. So no choice na daw sabi ni "agent". Wala naman magrereklamo na relatives kasi may hawak ako na un-notarized deeds of sale ni mother from her cousins. Idediretso na sa buyer ko yung deed of sale di mag a-appear name ko in any paper. The proceeds will actually go to my sister as I have waved all inheritance from our parents. Ako lang naglalakad ng papers, utusan.

[dreamur]

Bro, if the police plants evidence on the suspect, what is the best course of action on the spot and what is the best defense in court?

[machine.pistol]

yes I agree. what benefits that the landowner may derive from this arrangement sir?

I guess the principal benefit is the landowner avoids a long drawn out litigation. He negotiates the selling price with NHA and gets paid. He derives goodwill from the IS and from the local government. This approach will work only if the landowner is willing to part with ownership and possession.

One more alternative is for the landowner to sell it to a property developer who knows how to "deal" with hard-headed IS. Of course, there's a corresponding reduction in the price in exchange for the buyer assuming all the risks and headaches.

[Juan Martinez]

JM, tatay ko si Henry Sy pero sabi nya wala daw siyang anak na maitim. Magkamukha naman kami. Paano ko ba mahahabol ang mana ko?

Seriously, ano kaso ko kung papatulan ko yung sinabi ng "agent" ko sa register of deeds na ante-date ng deed of sale from long dead relatives? Ano ba penalty sa falsification of docs? Wala na kasi e 4 years ko na nilalakad ang papers. Ang last requirement na needed are the death certificates of my long dead lolos and lolas. E nineteen kopong-kopong pa sila namatay. I got 4 only of the death certs kulang pa ng another 4. Besides not knowing the dates 1 of then also died in the US pre-WW2 pa. So no choice na daw sabi ni "agent". Wala naman magrereklamo na relatives kasi may hawak ako na un-notarized deeds of sale ni mother from her cousins. Idediretso na sa buyer ko yung deed of sale di mag a-appear name ko in any paper. The proceeds will actually go to my sister as I have waved all inheritance from our parents. Ako lang naglalakad ng papers, utusan.

i advice against what your "agent" says. you'll be looking at prision correccional medium to maximum period (4 yrs 2mos and 1 day to 6 yrs). that's "probationable" but it will be a skeleton in your closet forever. falsification is a public crime, hence, even the police can file that case against you. it can be used as an ammunition by anybody who may have an ax to grind against you. you can't have a peace of mind where there is a sword of damocles hanging over your head ready to fall anytime.

[macsd]

Here's my question sir JM. We bought a property few years back and developed it. Now after completing the development, i started to work on transferring the name from previous owner to my wife. Here's the thing on the new title, my wife name is perfectly correct but the status is "single". I only noticed it after i got the new title. The problem arise from the deed of sale as initially , it should have stated my wife & daughter in it. But since the previous owner complained of the tax etc..sabi nya kung pwede wife ko na lang daw nilagay. So i agreed naman but when the DOS was edited, my wife name got connected into my daugther's status and we never noticed it and got signed up.

Now that my daughter is turning into legal age next year, i plan to change the title again so as to reflect my wife & daughter names. I know i have to pay some inheritance tax etc for my daugther to get it into the title, my question is this: Can i just change my wife status directly or just keep it as is na lang. What will be the implications is my wife status is single in the title ? TIA

[macsd]

^who knows, si liz taylor yata got married 7 times, at nagpakasal kay richrad burton twice. and problema dito sa batas natin naging very expensive yung annulment or declaration of nullify of marriage.

Cause it's expensive and take's a long time to annul a marriage here, what if both sides just agree on the the terms of separation, sign it and notarize the document. Well except that both cannot remarry again, what else will be the intricacies of such an act ?

[machine.pistol]

You need to file a petition for amendment of the certificate of title to correct the status of your wife. It will be a cadastral case to be filed in the Regional Trial Court of the city where you property is located. You need to prove during the hearing, normally, ex parte, that at the time of sale you were already married. So you need to present the deed of sale and certificate of marriage.

The certificate of title cannot be amendment to include your daughter as co-owner because only you and your wife bought the property.

Your daughter cannot be registered owner of the property unless you sell or donate it to her. Either way, you need to pay capital gains tax or donor's tax before the RD will issue a new certificate of title in the name of your daughter.

The other method by which your daughter will become the registered owner is when her parents pass away. If she is the only daughter and the parents did not leave a last will, she can sign a self-adjudication of property and pay estate tax before the RD will issue a new certificate of title.

If there's a last will, it will have to be presented to the court for probate. Probate is a judicial proceeding where the last will is authenticated. After admission in probate or authentication of last will, the court will declare who is/are the heirs and order the RD to issue new title in the name of the heirs. Again estate tax must be paid. And it must be paid within a short period from death.

[_Cathy_]

Cause it's expensive and take's a long time to annul a marriage here, what if both sides just agree on the the terms of separation, sign it and notarize the document. Well except that both cannot remarry again, what else will be the intricacies of such an act ?

Not that long, took my kuya less than 5 yrs and only because his ex wife did not want to cooperate.

I think it can be a problem when it comes to finances. What if you are selling an inheritance and you don't want your ex to be involved na?

[machine.pistol]

Legal separation cannot be agreed upon by the spouses. If at all, any such agreement would be void. What it means is that the spouses marital obligations to each other are not cut off. Their property relations are also not severed. Their custody over their children cannot be judicially demanded based on the agreement.

In a legal separation obtained by judicial decree, the following happens: one cannot demand on the other the performance of his/her marital obligation such as consortium. Because their property relations are severed, what one spouse earns goes to him or her alone. If the court awarded custody of children to the wife, the husband cannot demand that custody be turned over to him.

Of course in legal separation, either spouse cannot marry again.

A void agreement to separate is merely a separation in fact.

[_Cathy_]

Legal separation cannot be agreed upon by the spouses. If at all, any such agreement would be void. What it means is that the spouses marital obligations to each other are not cut off. Their property relations are also not severed. Their custody over their children cannot be judicially demanded based on the agreement.

In a legal separation obtained by judicial decree, the following happens: one cannot demand on the other the performance of his/her marital obligation such as consortium. Because their property relations are severed, what one spouse earns goes to him or her alone. If the court awarded custody of children to the wife, the husband cannot demand that custody be turned over to him.

Of course in legal separation, either spouse cannot marry again.

A void agreement to separate is merely a separation in fact.

What is the difference between legal separation and divorce? Remarrying lang?

[machine.pistol]

The Philippines does not allow divorce. The best approximation to a divorce-Philippine style is declaration of marriage as being void under Article 36 of the Family Code.

In legal separation, either cannot remarry, whereas in Art. 36 marriage nullity, either spouse can marry again.

In legal separation, the property of the spouses brought into the marriage will be treated and disposed of following the rules as to whether they had absolute community of property or conjugal partnership of gains. In Art 36 marriage nullity, any property brought into the marriage wi be treated and disposed of following the rules on co-ownership. I'll give examples later.

As to whether or not the children conceived are legitimate, in legal separation and in Art 36 nullity, the children are considered legitimate.

There are other cases of annulment of marriage where the children are deemed illegitimate.

[machine.pistol]

The husband and wife are presumed to have acquired property jointly. If husband earned 60 pesos whereas wide earned only 40 pesos, the 100 pesos are considered to have been acquired by then jointly. If legal separation is decreed, the court will say that husband and wife are entitled to 50 pesos each.

In Art 36 marriage nullity, since the rules on co-ownership will apply, the court will decree that the spouses shall share in their common property of 100 pesos cash in accordance with the proportion by which they contributed their shares, which is, 60-40.