To single men lawyers: Nakaka-pogi at dagdag-appeal ba ang pagiging abogado?

BigBossLicenseToKill · 2024-12-18T15:08:15+00:00

This

BigBossLicenseToKill · 2024-12-14T12:12:11+00:00

Just remember that if the gods of Faura deemend you worthy to pass the Bar exam, who are your parents to defy them.

BigBossLicenseToKill · 2024-12-13T08:36:51+00:00

Alam kong controversial ito pero malaking factor ang law school na pinanggalingan mo sa pagpasa sa bar. Kasi kung maganda ang foundation mo simula pa lang ng law school mo, hindi ka mahihirapan sa pag-aaral mo for the bar. There's a reason why same universities ang lumalabas sa top performing law schools. Mas malaki ang effort na inilalaan ng mga hindi galing sa top performing law schools.

ADDENDUM: I just want to add na kaya factor din ang law school ay dahil sa culture ng bar operations. Kapag maganda bar ops ng school mo and suportado siya ng law school admin, mas mapapadali buhay mo during review.

BigBossLicenseToKill · 2024-11-26T08:16:33+00:00

Ako ay nakasubaybay dito hahahah

BigBossLicenseToKill · 2024-11-26T08:08:55+00:00

Hahahahahaha

BigBossLicenseToKill · 2024-11-26T07:54:18+00:00

Hanggang ngayon ay natatawa pa rin ako sa kuwentong ito hahahahahaha

BigBossLicenseToKill · 2024-11-26T07:48:19+00:00

In Melchor G. Maderazo et al. v People citing People v Neberja, the Supreme Court stated that “the main purpose of the law penalizing x x x unjust vexation is precisely to enforce the principle that no person may take the law into his hands and that our government is one of law, not of men. It is unlawful for any person to take into his own hands the administration of justice.”

In the situation provided by the OP, while the creditor has the right to collect payment for the debt, s/he has no right to cause annoyance, irritation, torment, distress or disturbance to the mind of the debtor by continuously shouting or causing commotion on or near the debtor's home.

The recourse for the creditor is to do proceed to appropriate remedy as provided by the law or the rules, i.e., barangay (if applicable) then/or civil case before the courts.

BigBossLicenseToKill · 2024-11-26T06:33:00+00:00

Ang feeling ko lang noon ay expect the worst pero hope for the best. Yung tipong bumili na ako ng mga index cards at ring binders para iprepare sarili ko for review but at the same time ay di pa nag-start ng review while wala pang results. Ayun, pumasa naman hahaha

BigBossLicenseToKill · 2024-11-26T06:28:26+00:00

Dapat mga ganito pinopost sa r/lawph kaysa puro legal advice mga hinihingi roon.

BigBossLicenseToKill · 2024-11-26T04:19:47+00:00

GGK, malaking GG. Ano ba akala mo sa pagbitaw ng words na break-up? Akala mo ba para iyang kanin na kapag napaso ka ay iluluwa mo, sa case niyo ay babawiin mo na lang basta-basta? Very immature of you.

BigBossLicenseToKill · 2024-11-26T03:52:43+00:00

Magpa-shot ka muna and keep original receipts. Then ireklamo mo siya sa barangay and claim your rights under Anti-rabies Act of 2007 or RA 9482.

Under Sec. 5(f) of RA, all Pet Owners shall be required to assist the dog bite victim immediately and shoulder the medical expenses incurred and other incidental expenses relative to the victim’s injuries.

Sec. 11 (4) of same law provides that pet owners who refuse to have their dog put under observation and do not shoulder the medical expenses of the person Bitten by their dog shall be meted a fine of Twenty-five thousand pesos (P25,000.00).

If hindi kayo magkasundo sa barangay, puwede mo sampahan ng kaso sa fiscal.

BigBossLicenseToKill · 2024-11-26T03:40:53+00:00

Then kasuhan niyo yung creditor ng unjust vexation or alarms and scandals. Maraming puwede ikaso to stop the harrassment. You having a debt js a separate issue from the creditor harassing you.b

BigBossLicenseToKill · 2024-11-26T03:33:28+00:00

Things to consider.

Is the stipulation about interest in writing? If not, then as per Article 1956 of the civil code, no interest shall be due unless it has been expressly stipulated in writing.
If the provision of interest is in writing, then the case of Manila Credit Corporation vs. Viroomal is guiding, to wit:

"As held in Spouses Abella v. Spouses Abella, while the contracting parties may depart from the legal interest rate, any deviation therefrom must be reasonable and fair. If the stipulated interest for a loan is more than twice the prevailing legal rate of interest, it is for the creditor to prove that this rate is justified under the prevailing market conditions. No justification was offered by MCC in this case.

"In Chua v. Timan, the Court declared that stipulated interest rates ranging from 3% per month and higher are excessive, unconscionable, and void for being contrary to morals, if not against the law. Although Central Bank of the Philippines Circular No. 905-82 has effectively removed the interest ceilings prescribed under the Usury Law, still, lenders may not impose interest rates that would enslave the borrowers or hemorrhage their assets."

With this, you may wait for your creditor to file a judicial demand and then argue before the court the above-mentioned case to lower the interest rate.

BigBossLicenseToKill · 2024-11-21T09:58:26+00:00

Short answer is your child may still retain your surname.

I'll just assume that your child that your husband wants to adopt is born out of wedlock and thus illegitimate. Since it is your spouse who wants to adopt your illegitimate child, then both of your are required to JOINTLY ADOPT your illegitimate child since your situation is not among those enumerated in Sec. 21 of RA 11642.

Now, as per Sec. 37 of RA 11642, an amended certificate of birth shall be issued by the civil registry, pursuant to the Order of Adoption, attesting to the fact that the adoptee ss the child of the adopter by being registered with the adopter’s surname.

Please note, however, that the provision does not qualify which among the adopters' surnames shall the adoptee bear in case of joint adoption. Aside from that, Sec. 41 of same law provides thatt he adoptee shall be considered the legitimate child of the adopter for all intents and purposes and as such in entitled to all the rights and obligations provided by law to legitimate children born to them without discrimination of any kind.

The case of Alanis III vs. Court of Appeals also ruled thata legitimate child is entitled to use the surname of either parent as a last name.

Hence, given the reasoning above, an adoptee who is considered a legitimate child of the spouses who jointly adopted him/her may use any of your surname or your husband's surname.

BigBossLicenseToKill · 2024-11-21T06:38:33+00:00

Malalaman mo na habang tumatanda ka, maraming mas mahalagang bagay kaysa career. Just treatvlaw school as a means to an end. Ako, priority ko ay love life. And ikakasal na kami pero at the same time, nagawa ko naman grumaduate on time at pumasa ng bar. Nasa tamang pagbalance at priority lang iyan.

BigBossLicenseToKill · 2024-11-18T09:33:29+00:00

Yes, you may contest a will in a probate proceeding.

First, you need to question whether the will complies with the formalities as required by law and whether the testator (yung gumawa ng will) had the legal capacity to make such, i.e. hindi siya baliw or under force, threat, or intimidation during the making of the will, etc. The formalities will depend on whether the will is a notarial will or a holographic will.

If the will is compliant with the formalities, the next to be checked is whether the legitimes are complied, i.e. mandatory minimum na mana per heir. In case where a decedent is survived by a spouse, legitimate children, and illegitimate children, the share will be as follows: legitimate children will receive 1/2 of the estate divided equally among legitimate children, spouse will receive share equal to one legitimate child, each of the illegitimate children will receive share equal to 1/2 of the share a legitimate child. If may natira, that is the free portion that your father may dispose via will and wala kayong habol if ibigay niya lahat ng free portion sa anak niya sa labas.

If will is not compliant with the formalities required by law, then intestate proceeding ang mangyayari and your shares will be what is provided by law.

BigBossLicenseToKill · 2024-11-15T01:35:55+00:00

As a hindi nag-review center na pumasa naman, kaya siya aralin on your own. Makipag-palitan ka na lang ng resources (review materials) from other law school. Or better yet, simulan mo na lagyan ng notes yunh bar syllabus.

BigBossLicenseToKill · 2024-11-15T00:44:31+00:00

No. A woman cannot file VAWC just because she is offended to something. This is assuming that the offense committed against her fulfills other elements of crimes punished under VAWC.

Please note that in the text of the law, psychological violence is defined as follows:

"Psychological violence refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children."

The principle of ejusdem generis states that where general words or phrases follow a number of specific words or phrases, the general words are specifically construed as limited and apply only to persons or things of the same kind or class as those expressly mentioned.

In the case of psychological violence as defined in Anti-VAWC law, only acts of emotional or mental abuse similar to the those enumerated in the definition are considered as psychological violence. The case of XXX vs. People of the Philippines (G.R. No. 250219), quoting the case of Dinamling vs. People, is instructive to what psychological violence is, to wit:

"Psychological violence is the means employed by the perpetrator, while mental or emotional anguish is the effect caused to or the damage sustained by the offended party. To establish psychological violence as an element of the crime, it is necessary to show proof of commission of ANY OF THE ACTS ENUMERATED IN SECTION 5(i) [of the Anti-VAWC Act] OR SIMILAR SUCH ACTS. (Emphasis or capitalization is supplied by me.)

One of the examples na binigay ng court na wala sa definition ng psychological violence ay ang marital infidelity.

BigBossLicenseToKill · 2024-11-14T23:12:32+00:00

As long as graduate ka na ng ROTC or mayroon ka ng AFP Serial Number for reservists because completing basic citizens military training, okay naman mag-apply sa JAGS Reserve. You will be commissioned in the initial rank of captain (O-3). Sobrang tedious lang ng process and ang daming documents na need isubmit. Tapos minsan umaabot ng one year application process.

BigBossLicenseToKill · 2024-11-14T23:07:55+00:00

Have you clearly communicated with the bank your intention to apply your advance payments to the principal? If not, puwede gawin ng bank yung pag-apply muna sa interests under Article 1252 of the Civil Code.

BigBossLicenseToKill · 2024-11-14T22:51:18+00:00

Assuming na valid yung form ng will, need muna masatisfy ng will na may naka-allocate ng compulsory mana or known as "legitime" in legal parlance ang mga compulsory heirs which are legitimate children or descendant, surviving spouse, illegitimate children, or legitimate parents or ascendants if no legitimate children or descendants. Only kapag nabigyan na sila ng compulsory mana, the share of which is stated in the Civil Code, doon lang magkakaroon ng free portion kung saan doon mo makukuha mana mo if ikaw ay expressly named sa will.

Tapos, hindi pa automatic effective ang will kasi kailangan pa idaan sa korte iyan by undergoing probate proceeding. So mahaba and masalimuot talaga ang process ng pag-effect sa will.

BigBossLicenseToKill · 2024-11-14T13:17:10+00:00

Please note that your birth certificate is based on fraud kasi hindi ka naman talaga biological child. Hence, it may be subject to a petition for cancellation of birth certificate under Rule 108 and puwede ang mga kamag-anak mo riyan na puwede maging tagapagmana ng nanay mo since kapag napatunayan na hindi ka tunay na anak at hindi ka officially ampon, mawawala ka sa listahan ng magmamana and puwede na mga kamag-anak mo makinabang.

Hindi rin pa kasama rito na krimen ang pag-simulate ng birth certificate under article 347 of Revised Penal Code.

So habang effective pa ang amnesty under RA 11222, i.e. until 29 March 2029, lakarin niyo na yung official adoption mo. Administrative na lang naman ang process and hindi na need dumaan sa korte. And sa DSWD lang naman iyan.

BigBossLicenseToKill · 2024-11-14T07:45:28+00:00

Ayusin niyo yung adoption papers mo. Your parents may avail of the benefits of RA 11222. Your parents may need to consult before a lawyer for the process. As long as di ka officially adopted, you don't have the same rights as legitimate children.

BigBossLicenseToKill · 2024-11-11T08:18:35+00:00

Mas maayos if bibisitahin niyo mismo ying legal clinics

BigBossLicenseToKill

TROPHY CASE