your legal problems here

[macsd]

yes macsd. no problem at all. it is but a mere typo not a fact. the best evidence of marriage is the marriage contract. that typographical error can't even be construed that the property evidenced by the TCT, which states your wife as single, as a separate property of your wife because under the family code, all properties acquired by the spouses during the marriage are part of the absolute community of property.

mcsd, I agree with JM.

Thanks a lot guys. That will clear my doubt for any problem that might a rise later when i'm gone. No wonder my wife keep's our marriage contract at heart.

[machine.pistol]

The certificate of title is in the name of both of you and your wife. Since you are married, she cannot sell it without you also signing the deed of sale. That's the law.

But of course signatures can be falsified. And with unscrupulous notaries who don't care to check whether the signature appearing on the document belongs to the real person, then it's possible that the property can be sold.
There's really no way to guard against this. The falsification might be discovered too late.

To address this, the original owner's duplicate of the certificate of title must be kept in a secure place. The register of deeds will not process a deed of sale if the original owner's duplicate of the certificate of title is not surrendered to them for cancellation for the issuance of a new certificate in the name of the buyer.

Still it's not fool proof because even if the owner's duplicate is in a secure location, someone can still report the document as missing and petition the court for the issuance of another owner's duplicate of title and use that new owner's duplicate to transact the property.

We just have to rely on the good faith of individuals. A person who wants to defraud another will do all that he can to achieve his purpose. That's why there are lawyers.

[macsd]

Thanks MP. The title is only on her name and stated single.

[machine.pistol]

Macsd, that's still only a typo error. As JM said, that property is considered absolute community property (or conjugal property, depending on the time of marriage). That property can be legally sold only if the other spouse gives his/her consent by signing the deed of sale.

[Juan Martinez]

^ really a valid point, both from legal and practical standpoint. but i give my legal opinion pro hac vice (and with the assumption that macsd's marriage is rock solid).
as I said, everyone's legal opinion is very much welcome. i appreciate it bro. and help us here

[NightRock]

I bought a piece of Land sa isang subdivision na transfer na sakin ang Tittle pero ang Tax Declaration sa old owner pa naka pangalan.. Wala akong time pa palitan nalimutan ko na din ang procedure pano mag transfer non pero alam ko madali lang..

Wala bang problema to in a future? more than 10 years na yata ng mabili ko to and every year ako nag babayad ng property tax, na naka name pa din sa old owner ang resibo.

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I bought a piece of Land sa isang subdivision na transfer na sakin ang Tittle pero ang Tax Declaration sa old owner pa naka pangalan.. Wala akong time pa palitan nalimutan ko na din ang procedure pano mag transfer non pero alam ko madali lang..

Wala bang problema to in a future? more than 10 years na yata ng mabili ko to and every year ako nag babayad ng property tax, na naka name pa din sa old owner ang resibo.

[Juan Martinez]

I bought a piece of Land sa isang subdivision na transfer na sakin ang Tittle pero ang Tax Declaration sa old owner pa naka pangalan.. Wala akong time pa palitan nalimutan ko na din ang procedure pano mag transfer non pero alam ko madali lang..

Wala bang problema to in a future? more than 10 years na yata ng mabili ko to and every year ako nag babayad ng property tax, na naka name pa din sa old owner ang resibo.

i advice that you transfer the tax declaration to your name. the procedure is basically the same as transferring the title to your name. the city/municipal assessor of the place where the property is located will ask the deed of sale, certificate authorizing registration, proof of payment of transfer tax, etc. ito yung sabi ng korte suprema relative to tax declaration: "although tax declarations or realty tax payments of property are not conclusive evidence of ownership, nevertheless, they are good indicia of possession in the concept of owner, for no one in his right mind would be paying taxes for a property that is not in his actual or at least constructive possession. They constitute at least proof that the holder has a claim of title over the property. As is well known, the payment of taxes, coupled with actual possession of the land covered by the tax declaration, strongly supports a claim of ownership."
in your case, the problem is, your paying the RPT under the former owner's name. para wala na talagang complication i-transfer muna sa pangalan mo.

[earthlyken]

Hello,

Just an advise on my next steps..

way back January 2015, our neighbor accuse us for scratching their brand new innova and their evidence is the CCTV footage from the barangay which is malabo and ang daming tao dumaan sa diver side ng kotse niya, after the case sa barangay and all, hinde namin na siniputan due to schedule conflict sa work, ngayon may dumating na sulat samin small brown envelope stating that a case was filed againts us for "malicious mischief" from the office of the prosecutor Gil B Mendoza and was approved by the city procecutor office Anabel Magabilin.

What is my next move here? the mail didn't say anything about hearing, its just state that a case was filed againts me..

Please advise..thank you

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Hello,

Just an advise on my next steps..

way back January 2015, our neighbor accuse us for scratching their brand new innova and their evidence is the CCTV footage from the barangay which is malabo and ang daming tao dumaan sa diver side ng kotse niya, after the case sa barangay and all, hinde namin na siniputan due to schedule conflict sa work, ngayon may dumating na sulat samin small brown envelope stating that a case was filed againts us for "malicious mischief" from the office of the prosecutor Gil B Mendoza and was approved by the city procecutor office Anabel Magabilin.

What is my next move here? the mail didn't say anything about hearing, its just state that a case was filed againts me..

Please advise..thank you

[Juan Martinez]

^ check your thread. I posted there my advice. thank you.

[cast_no_shadow]

Who can enjoy paternity leave?

Dapat ba legitimate wife mo yung manganganak?

Paano yung mga common-law-wife na nanganak? No paternity allowed for the dad?


Sent from my iPhone using Tapatalk

[Juan Martinez]

^Conditions for Entitlement to Paternity Leave under RA 8187:

1.The employee is lawfully married;
2.He is cohabiting with his legitimate wife;
3. His wife is pregnant or has delivered a child or suffered a miscarriage or abortion;
4. Must be of the first four deliveries;
5. The employer is notified within reasonable time of the pregnancy and of date of expected delivery (not required in case of abortion or miscarriage).

thus, no paternity leave to common law relationship.

[cast_no_shadow]

Ah i see, pero by law the illegitimate child can use the fathers surname.

I think they should amend the paternity leave conditions too hehe


Sent from my iPhone using Tapatalk

[Juan Martinez]

Filipino father, son judges on LA court make history

Inquirer.net, July 19, 2015 04:06am

LOS ANGELES---Thirty-four years ago, Mel "Red" Recana became the first Filipino-American judge in the United States when then California Gov. Jerry Brown appointed him to the Los Angeles Superior Court.

On Thursday (Friday in Manila), Brown, who was reelected governor in 2011, appointed Recana's son, Julian, to the LA Superior Court, making the Recanas the first Fil-Am father and son to serve in the California judiciary.

"The governor's appointment of Julian to join his father on the Los Angeles Superior Court bench is historic and fitting," said Mel Avanzado, founding president of the Philippine American Bar Association (Paba) Foundation. "Julian will be a tremendous asset to our bench."

The younger Recana became the ninth Fil-Am judge on the Los Angeles County Superior Court, the largest unified trial court in the United States, said Paba president Christine Gonong.

The younger Recana is a founding officer of the Paba Foundation and a lifetime member of Paba.

A veteran prosecutor, Recana has served as a deputy district attorney for the Los Angeles County District Attorney's Office since 1999. He is currently with Hardcore Gang Division in Downtown Los Angeles, prosecuting violent, gang-related offenses.

He was previously assigned to the Long Beach Courthouse for 11 years, prosecuting murders in Long Beach and parts of Los Angeles.

'Exemplary public servant'

Gonong described Recana as "a highly effective trial lawyer who has been recognized by his peers as an outstanding advocate... and an exemplary public servant."

Recana was recently honored as the 2015 Prosecutor of the Year by the National Asian Pacific Islander Prosecutors Association, which recognized him for his "pursuit of justice and dedication to the Asian Pacific Islander community." He was awarded Deputy District Attorney of the Month in 2014.

Recana received his bachelor's degree in economics in 1992 at the University of California, Berkeley, and his juris doctor degree from Loyola Law School in 1998. He began his career as a contract attorney at Early Maslach Price & Baukol.

Recana's father, Mel, is the first Fil-Am judge in the United States and also the first Fil-Am deputy district attorney in the County of Los Angeles.

2 terms as presiding judge

He served two terms as presiding judge of the Los Angeles Municipal Court. He was elected by the 190 municipal court judges in Los Angeles County chair of the Municipal Court Judges Association in 1999. He was also elected for a three-year term to the executive board of the California Judges Association.

According to the older Recana's book, "How to Try Your Own Case in Court---And Win," he worked as a court reporter to pay for his law studies and graduated from the University of the East in Manila in 1964.

A few years later, he moved to California and passed the bar exam. He received a master's degree in public administration from the John F. Kennedy School of Government, Harvard University.

[Juan Martinez]

Highlights of PH Competition Act and Cabotage Law

July 22, 2015 04:29am

Salient features of Republic Act No. 10667, or the Philippine Competition Act:

-- Levels the business playing field for all companies operating in the country, from the large foreign multinationals down to the local micro-, small- and medium-sized enterprises.

-- Creates the Philippine Competition Commission that will look into anticompetitive behavior, abuses in dominant positions, and anticompetitive mergers and acquisitions.

-- Addresses prohibited acts, such as the abuse of dominant position and anticompetitive agreements.

Activities under abuse of dominant position include selling goods or services below the market prices to suppress competition; imposing barriers to entry; imposing restriction on the lease or contract of sale or trade of goods and services that is anticompetitive; and making the supply of such goods dependent on the purchase of other goods or services.

Anticompetitive agreements include price fixing; limiting or controlling production, relevant markets and technical development or investment; dividing or sharing the relevant market, geographically, in terms of volume of sales, type of goods or services, or buyers and sellers; and application of dissimilar conditions to different parties.

-- Imposes administrative penalties of a maximum fine of P100 million on the first offense and P250 million for the second offense for anticompetitive agreements and abuses of dominant position.

Salient features of RA No. 10668, or the Foreign Ships Co-Loading Act, also known as the Cabotage Law:

-- Allows foreign ships to call in multiple ports provided that their cargoes are intended for import or export and duly cleared by the customs commissioner.

-- Reduces logistic costs for producers. Before the amendments to the Cabotage Law, it was cheaper to send products from other countries to the Philippines than to ship goods within the country.

-- Helps in decongesting major ports in the country.--Compiled by Ana Roa, Inquirer Research

Sources: Inquirer Archives, senate.gov.ph, congress.gov.ph, dti.gov.ph

[Altis6453]

The PH Competition Act sounds good on paper, parang Anti-Trust Law (Sherman Act) ng US. Sana walang regulatory capture ang PCC, kasi yun ang nagiging sakit sa mga market regulators like ERC, NTC. Parang walang ngipin tuloy ang batas.

[box_type]

We bought a property in 2011 (house and lot) and on the deed of sale only the names of my brother and my cousin were indicated. In 2012 my brother died and the title was not yet transferred to their names. Now my cousin wanted to change the names in the deed of sale to my name and to hers...

Now here's our problem, the original deed of sale was alreade notarized and computations for the tax declaration were already made. When we tried to transfer the title to my brother's and my cousin's names in 2014, the BIR recomputed the tax declaration, to our surprise went up to 120K! The assessor explained to us that the basis of his computation was from the time the deed of sale was "notarized" up to the day he made the computation which is about 3 years!

An agent overheard us discussing this problem and she advised us to just get another deed of sale from the original owner and have it notarized only if we are ready to pay the tax declaration so that the computation will be lower than what we had. And so my cousin had another idea, since my brother has already passe away, she'll be asking the original owner for a new deed of sale but this time my name and hers will be indicated. But alas! to our surprise again, when she contacted the son of the owners, she was informed that one of the owners (the wife) has also passe away recently.

My question is, can we still get a legit deed of sale from the remaining owner (the husband)? if not what are the procedure/s to have a legit deed of sale in cases like this?

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We bought a property in 2011 (house and lot) and on the deed of sale only the names of my brother and my cousin were indicated. In 2012 my brother died and the title was not yet transferred to their names. Now my cousin wanted to change the names in the deed of sale to my name and to hers...

Now here's our problem, the original deed of sale was alreade notarized and computations for the tax declaration were already made. When we tried to transfer the title to my brother's and my cousin's names in 2014, the BIR recomputed the tax declaration, to our surprise went up to 120K! The assessor explained to us that the basis of his computation was from the time the deed of sale was "notarized" up to the day he made the computation which is about 3 years!

An agent overheard us discussing this problem and she advised us to just get another deed of sale from the original owner and have it notarized only if we are ready to pay the tax declaration so that the computation will be lower than what we had. And so my cousin had another idea, since my brother has already passe away, she'll be asking the original owner for a new deed of sale but this time my name and hers will be indicated. But alas! to our surprise again, when she contacted the son of the owners, she was informed that one of the owners (the wife) has also passe away recently.

My question is, can we still get a legit deed of sale from the remaining owner (the husband)? if not what are the procedure/s to have a legit deed of sale in cases like this?

[wowiesy]

^^^

opinion ko lang po... i'm not a lawyer.. but i do have experiences and with the legal system kahit papano...

pinaka malinis, at malapit sa katotohanan, yung ituloy nyo na lang ipasok yung original Deed of Sale sa BIR.. yes.. kaya nagmahal yan because may penalty yan (which is automatic when you miss the deadline) at may surcharge and interests... since 3 years pa bago nyo naipasok sa BIR for purposes of computation... yun nga lang if you do this... yes.. mas mahal... pero iwas to sa maaaring future issues...

bakit ganito ang advise ko:
- presumption ko ito, na kung makapag produce man ng Deed of Sale na ante dated, malamang ipepeke ang pirma nung namatay na wife.. that has risks...
- presumption ko din, na kung makapag produce naman ng Deed of Sale na currently dated, kailangan ma settle muna ng seller yung Estate tax (portion nung namatay) either way... hindi simple...

nalito lang ako.. Tax Declaration is under the LGU... pero you mentioned BIR.. i am assuming na Capital Gains yan and DST... kasi kung Tax Declaration talaga yan... i think mas mura naman na di hamak yan compare sa Capital Gains / DST...

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^^^

opinion ko lang po... i'm not a lawyer.. but i do have experiences and with the legal system kahit papano...

pinaka malinis, at malapit sa katotohanan, yung ituloy nyo na lang ipasok yung original Deed of Sale sa BIR.. yes.. kaya nagmahal yan because may penalty yan (which is automatic when you miss the deadline) at may surcharge and interests... since 3 years pa bago nyo naipasok sa BIR for purposes of computation... yun nga lang if you do this... yes.. mas mahal... pero iwas to sa maaaring future issues...

bakit ganito ang advise ko:
- presumption ko ito, na kung makapag produce man ng Deed of Sale na ante dated, malamang ipepeke ang pirma nung namatay na wife.. that has risks...
- presumption ko din, na kung makapag produce naman ng Deed of Sale na currently dated, kailangan ma settle muna ng seller yung Estate tax (portion nung namatay) either way... hindi simple...

nalito lang ako.. Tax Declaration is under the LGU... pero you mentioned BIR.. i am assuming na Capital Gains yan and DST... kasi kung Tax Declaration talaga yan... i think mas mura naman na di hamak yan compare sa Capital Gains / DST...

[box_type]

[quote=wowiesy;2576570]^^^

opinion ko lang po... i'm not a lawyer.. but i do have experiences and with the legal system kahit papano...

pinaka malinis, at malapit sa katotohanan, yung ituloy nyo na lang ipasok yung original Deed of Sale sa BIR.. yes.. kaya nagmahal yan because may penalty yan (which is automatic when you miss the deadline) at may surcharge and interests... since 3 years pa bago nyo naipasok sa BIR for purposes of computation... yun nga lang if you do this... yes.. mas mahal... pero iwas to sa maaaring future issues...

bakit ganito ang advise ko:
- presumption ko ito, na kung makapag produce man ng Deed of Sale na ante dated, malamang ipepeke ang pirma nung namatay na wife.. that has risks...
- presumption ko din, na kung makapag produce naman ng Deed of Sale na currently dated, kailangan ma settle muna ng seller yung Estate tax (portion nung namatay) either way... hindi simple...

nalito lang ako.. Tax Declaration is under the LGU... pero you mentioned BIR.. i am assuming na Capital Gains yan and DST... kasi kung Tax Declaration talaga yan... i think mas mura naman na di hamak yan compare sa Capital Gains / DST...

yes i stand corrected capital gains tax nga pala yun (thanks for the correction) and also ganyang ganyan din ang sinabi ko sa pinsan ko para walang kumplikasyon bayaran na lang namin yung original deed of sale...

she'll be coming here from the states this october and that's what i'm going to tell her, thank again sir!

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yes i stand corrected capital gains tax nga pala yun (thanks for the correction) and also ganyang ganyan din ang sinabi ko sa pinsan ko para walang kumplikasyon bayaran na lang namin yung original deed of sale...

she'll be coming here from the states this october and that's what i'm going to tell her, thank again sir!

[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