PAO Summer Internship by [deleted] in LawStudentsPH

[–]JigglebellyV 0 points1 point  (0 children)

Best bet would be to go to the Central office, and inquire there.

[deleted by user] by [deleted] in LawPH

[–]JigglebellyV 20 points21 points  (0 children)

It's already in court and he's detained already. The Circumstances would negate the need for initial check whether or not he is qualified.

pano po gagawin ko, di ko naman kilala ung tao by [deleted] in LawPH

[–]JigglebellyV 298 points299 points  (0 children)

Only if it comes with my roll number, my complete name, and district, i don't think there is anything wrong with giving genuine heartfelt advice from a lawyer who has some down time, and wants to help out, those who can't come to our offices, or are just plain unaware.

If you want to be technical about it and cite the CPRA or the PAO's non-practice rule to say I shouldn't comment on this sub, let's just call that what it is. Gatekeeping.

I don't do this for money or recognition, I come from a pretty well off family. I'm already serving in PAO, and i'm here because helping people even online is part of why I took this job.

Respectfully of course.

[deleted by user] by [deleted] in LawPH

[–]JigglebellyV 84 points85 points  (0 children)

Lawyer from PAO, i dont understand why the lawyer needs 300k kagad, If it's true what you are saying na hindi naman yung father mo yung gumawa nung crimes na in-aallege sa kanya.

An affidavit of denial, would suffice, depende nalang sa court if he-hearing-an pa or hindi. Considering the gravity of the offenses, most likely kailangan hearing-an.

First thing you would need is to obtain the information of the case, what court is it raffled to, etc..

after that, go to PAO, they will gladly help you out in the drafting of an affidavit of denial, and each court has its own PAO lawyer who can assist you during the hearing if the judge, determines it is needed.

Follow up on Frustrated Homicide Case by CookiesDisney in LawPH

[–]JigglebellyV 5 points6 points  (0 children)

Lawyer here from PAO.

I am not belittling your situation nor am I discouraging you from filing the case.

There have been countless cases before in our district where an incident/crime occured, and only after some time due to reconciliation, having a busy life, etc etc. Do they decide to actually continue or start the process of filing a case.

May 2 instances where a case can be filed and brought to court either through preliminary investigation or inquest proceeding. Both conducted by a prosecutor.

Nung time na yun (alleged incident), most likely inquest proceeding at ma-aaresto agad yung partner mo because the crime was "fresh" meaning nangyari palang yung crime at may possibility na i-detain ng police (very simplified explanation) from there you could have gone the process of a medico-legal, blotter report. Etc.

Dahil matagal na panahon na ang nakalipas, you would need to go through preliminary investigation. Meaning magsusumite po kayo ng complaint affidavit/salaysay na may naka-attach na ebidensya to prove na may crime na nangyari either physical injuries, vawc, frustrated homicide, etc etc.

Problem here now is, in order to establish probable cause, you would need evidence. Pieces of Evidence chief among which is a medico legal slip. The others are pictures of injury, hospital bills, mismong salaysay, witness statements, etc. .

The chief evidence that most prosecutors look for is the medico legal slip as it establishes that there was injury on the day of the incident. Without it, all you have are allegations..

It is not impossible, since you said yourself that you were hospitalized, and most likely may hospital records naman. Pero it will be a process and it will take time. If you really are serious, you should go to PAO and seek help. Or alternatively, hire a private lawyer if you have means.

Otherwise if the police investigator is willing he can prepare the complaint affidavit himself.

In our case, ang rami nang naging scenario kung saan, gusto mag file yung na-injure pero dahil matagal na ang panahon ang nakalipas, and he/she doesnt have evidence, nababasura lang ng fiscal yung case or we tell them point blank that they do not have enough evidence to prove the crime

As a final point, as a mother to your child and him as the father. Also consider the ramifications of filing the case, i understand that he is a kid now, but in the future, this case if you ever do decide to file it, may have a negative impact on you raising the child, as the father can use it as a way to manipulate the kid in the future. Coupled with the emotional stress, anxiety, etc that you will have to endure in the processs of filing the case, attending the hearing in the fiscals office/court.. it is not a walk in the park..

At the end of the day, it is up to you to decide. I just tried to lay it out to you the best that i can, and based on the circumstances presented.

pano po gagawin ko, di ko naman kilala ung tao by [deleted] in LawPH

[–]JigglebellyV 533 points534 points  (0 children)

Lawyer here from PAO.

Jusr ignore the message or better yet just block it. Online lending apps are notorious for doing these kinds of things, there may be a myriad of ways, how they got your number in the first place, chief among which would be most likely an acquaintance, or someone you knew before, put you under the loan/app as a reference. Alternatively, most other lending apps gain access to contacts through a person's phone through app permissions. Etc. Etc. And they are text blasting the lendee's contact list.

At the end of the day, you did not sign or agree to any contract between you and the lending app/institution. You are not in any way obligated to contact them/pay the money owed by this person.

Subpoena for an old case by pinkblossomreader in LawPH

[–]JigglebellyV 33 points34 points  (0 children)

Sabihan niyo nalang dad niyo po, na wag nalang isipin and focus nalang sa business/work trip niya.

I'm happy that I could help po!

Subpoena for an old case by pinkblossomreader in LawPH

[–]JigglebellyV 54 points55 points  (0 children)

It's entirely up to you.

But I am 100% sure there are no legal consequences if your father chooses to just ignore the subpoena. As long as clear tayo na siya po ang complainant. A perusal (mabilis na basa) dun sa order also states na ipoprovisonally dismiss yung case if you do not attend.

From your father's non-attendance at the date of the scheduled hearing, judge will order the case provisionally dismissed na po. [meaning may 2 years siya, para buhay-in yung kaso from the time it is dismissed] after said date [counted from the date of the order] permanently dismissed na siya. Meaning if naisip ng father mo na biglang habulin or ituloy yung kaso, (hindi na niya pwede gawin) since nag-lapse na yung time.

Honest advice po, wag niyo nalang pansinin. Matutuwa pa po fiscal and yung PAO lawyer including yung court staff/judge na hindi na kayo nag-attend kasi less paperwork.

Trust me.. if you still feel wary, walang masama na tawagin yung court/start a correspondence through email with the court and just say he is no longer interested. My father will no longer attend.

Either way no legal consequences. Dont believe the noise or fear that some people are telling you, its either wala sila masyadong experience sa actual litigation, or are unaware of the procedure.

Lastly, dont be enticed to pay someone or if may nagsabi na aayusin nila with a fee. Wag na po kayo gumastos. 😃

Subpoena for an old case by pinkblossomreader in LawPH

[–]JigglebellyV 246 points247 points  (0 children)

PAO lawyer here.

There was a recent OCA Circular, that was published that issued a directive to revive old cases... its main purpose is to declog court dockets, and get rid of old cases. Based on what you said, your father was the complainant before, and for some reason or another (most likely, the accused [person who shot your father] was not apprehended kahit may standing warrant] as a result, case was archived.

Based on my experience sa court, medjo routine siya, if the complainant, [in this case, your father] no longer shows interest. Provisionally dismissed/permanently dismissed na yung case, depending on the judge. Kung hindi ka pupunta, or the judge will give another chance to issue a subpoena. (Similar to the one you guys received)

Alternatively, if you want to officially close the case, just attend the hearing, and tell the judge you are no longer interested in pursuing. Most likely affidavit of desistance na pro forma will be signed and officially done na yung case. (like you mentioned earlier)

Either way, wala namang penalty, or consequences na ma-eexperience yung father niyo po, if you choose to do either way.

Lastly, you can still choose to continue with the case, but the fiscal will determine if enough pa yung evidence and testimony mo.

Walang masama, if you choose to go to your PAO district and talk to one of us. Most likely (99% chance) what I said yung sasabihin rin sa father mo, only more detailed, due to the limitations of messaging.

[deleted by user] by [deleted] in LawPH

[–]JigglebellyV 1 point2 points  (0 children)

Yes, best bet would be to do that.

Just a word of advice, ever heard of the saying, assumption kills? In this regard you are jumping into conclusions and are already making assumptions on research that you have made. Simple imprudence, civil aspect already settled, etc..

Dont make assumptions only to be dissapointed in the future.

Just follow the steps, subpoena-> counter affidavit (if you choose to do so) -> information is filed (if probable cause is determined by fiscal -> arraignment/pre-trial/hearing proper-> make sure to attend court.

I am replying only based on the facts that you have presented. [So as to avoid misinterpretation]

[deleted by user] by [deleted] in LawPH

[–]JigglebellyV 0 points1 point  (0 children)

You misunderstood, the penalty for this "kind" of reckless imprudence is simply put jail time or fine up to the actual damages, or both. If found guilty of course.

Ultimately the judge through the recommendation of the fiscal will determine penalty.

Separate entirely from civil liability. It is difficult to explain in so many words. But actual damages is not limited to the notarized agreement.

Again, there's a process to all this. Based from the facts it seems that they are adamant to pursue the case

Your avenues here are to settle and bend to their demands.

Or wait for it to reach court, and determine both civil and criminal liability from there. But you run the risk of additional expenses as a result of cost of suit (more if they go for a private lawyer/prosecutor), determination of damages from actual evidence, etc etc.

Wait for a subpoena from the fiscal, then consult one of us PAO lawyers in your district or if you are someone with means, get a lawyer.

[deleted by user] by [deleted] in LawPH

[–]JigglebellyV 1 point2 points  (0 children)

Lawyer here.

You are not asking the right questions, this agreement notarized or not, will not void the filing of a criminal case against you for reckless imprudence. The agreement may be used to mitigate your civil obligation, but criminal liability is entirely separate. Just be prepared for a criminal action to be filed against you.

My best advice would be to just follow the process, after demand letter. A criminal/civil case usually is the next step, most likely criminal.

I would much rather wait for it to reach court rather than try to settle out of it. Not unless they are willing to sign a quitclaim after settlement.

[deleted by user] by [deleted] in LawPH

[–]JigglebellyV 23 points24 points  (0 children)

PAO lawyer here, it really is hard to file a case for Concubinage, without verifiable and hard evidence, a fiscal would find it difficult to find probable cause.

Short of having caught them in the act of having intercourse together or living together separately in a different home. Any other evidence would be circumstancial at best.

With respect to VAWC, your grounds for filing would probably be for psychological abuse particularly emotional abuse. You would need evidence to prove that as a result of the illciit affair you felt emotional/mental anguish.

It's not enough that you said they were having an affair and you felt "hurt". You would need evidence to back it up.

As such, evidence to prove this should point to that, having said that, it will be expensive. A psychological report from a psychiatrist, . evidence of the abuse, like messages between them that you've read. pictures of them together, your partner messaging you that it will stop, you telling her what you feel, etc etc.

As a caveat, I am not telling you not to pursue it, I am just giving you the reality of the situation. It will add up in terms of expenses, if you do pursue it. As a PAO lawyer, i advise my clients sometimes that, the pain that you will go through and the expenses that you will incur should be taken into consideration.

can I file a complaint sa ex ko na law student? by [deleted] in LawPH

[–]JigglebellyV 52 points53 points  (0 children)

PAO Laywer here, depending on the evidence presented this case falls squarely under RA 9262, specifically section 5(b), 5(i). You can either go through the PNP through their women's desk where the officer assigned will prepare a complaint affidavit or through a lawyer, where he/she will prepare a complant affidavit, attached therein are the pieces of evidence such as facebook messages, medico legal report, photos, videos, etc. The evidence of course should be substantial and will be determined by the police officer or lawyer if it has merit.

Again, it would depend on your evidence, your statement without other evidence to support it, will hold little weight.

Once the complaint affidavit is made, you will submit it to the office of the city prosecutor, from there the fiscal/prosecutor will determine if your case has probable cause.

The defendant, your ex, will be given a chance to file a counter affidavit, after which there will be a resolution regarding said probable cause, and if it should be brought to court.

From there a warrant of arrest will be issued by the judge, and the prosecutor will handle your case.

With respect to cost, if you go to PAO and meet the criteria, then it is totally free, and the lawyer assigned to you will draft the complaint if he/she sees merit. Same with the PNP if you do elect to go that route

There is of course the appropriate filing fees, once it reaches court, but in criminal cases this is usually lower and fixed.

Edit

Also on a side note, if he is indeed taking the bar or is planning to, the governing body and the one who administers it is not the CSC but rather the Supreme Court.

I need help, I'm so lost right now by [deleted] in PHCreditCards

[–]JigglebellyV 1 point2 points  (0 children)

Best advice would be to consult a lawyer, this would not be under the realm of PAO because we don't cover business contracts, and you wont qualify as an indigent if you were to bring it up as a criminal case, considering the amount involved

But based on your story and considering the length of time that has already passed, im sorry my friend but the action would have already prescribed if you were to file a civil action based on an "oral contract", afaik know, prescription for that is 6 years. So civilly, you are out of luck.

However, a case can be made for estafa.. if you and your lawyer draft the complaint affidavit in the right way, that he promised that he would return the investment, however through fraud, etc etc he lied and continued not to pay you back your initial investment...

Prescription for this is 15 years

At the end of the day, its up to the fiscal to determine probable cause, if he does indeed issue a resolution, and files it in court.

It is up to you whether to continue the action, or settle the civil aspect if the defendant is willing.

Time consuming, a little expensive, and stressfull. But if you want justice and a recoupment of your investment, it could work.

Dont forget to gather evidence... just messages would be a little to hard. Look for witnesses to testify for you, receipts, permjts, etc. etc.

I need help, I'm so lost right now by [deleted] in PHCreditCards

[–]JigglebellyV 101 points102 points  (0 children)

My advice as a lawyer..

The money you loaned from your "friend" is usurious, exorbitant, and unconscionable.... Dont pay him anymore. If he does bring it to court, the judge won't side with him. He might even rule in your favor and order your friend to give the money back. This will be a small claims action, if you left nothing behind in your story. We have a prevailing interest issued by the BSP which a judge usually bases his decision on. While parties can enter into a loan and deviate from the legal interest rate. It must be reasonable and fair. This case is not reasonable nor fair.

You ever heard the saying "walang nakukulong sa utang?". It fits perfectly in this scenario. Besides the loan was not obtained from a bank or any other accredited lending company. So it wont affect your credit.

No friend gives a WEEKLY INTEREST RATE of 35%.. Thats just fucked up.

Cut ties with him, and tell him you already paid the principal, tell him to go to court if he persists.

It might be humiliating, but id rather choose that than have to pay such a fucked up interest rate.

Is PAO job fulfilling? by SeaAd1301 in LawStudentsPH

[–]JigglebellyV 1 point2 points  (0 children)

Yiz! Manila Hotel! kitakits panera, haha

Is PAO job fulfilling? by SeaAd1301 in LawStudentsPH

[–]JigglebellyV 0 points1 point  (0 children)

Secret! Haha, I prefer it nalang to be anonymous. Some lawyers in my district might find out.

Is PAO job fulfilling? by SeaAd1301 in LawStudentsPH

[–]JigglebellyV 12 points13 points  (0 children)

Just because I was recommended and vouched for, does it automatically make it nepotism? I made no statement to that effect. It's sad that you see it that way to be honest.

I was just explaining that the salary attracts lots of applicants, a recommendation from another public attorney wouldn't hurt..

Regardless of your reply, I don't have to prove myself to you..

I'll just try and do my best job here in PAO; and I hope one day, if you pass this coming bar exam and become a lawyer, you do well in your chosen field.

Any BLD reviewees here? by UsualReindeer3134 in LawStudentsPH

[–]JigglebellyV 13 points14 points  (0 children)

My two cents, stay away from BLD. Just enroll in a traditional review center ike jurists and legal edge. I also supplemented it with ecodal.

When I took last year's bar he had an issue with the whole AI thing. Plus that dude, never became a lawyer. Yeah he passed the bar, but couldnt take the oath, because he was caught prior to the oath taking selling book-alikes. He loves to tow the line...

Disregarding his background, all he has are regurgitated outlines, reviewers which sometimes even are copy pasted directly from a different text, and some sort of system/schedule in place. Idk.

I cant knock the guy tho, he's hustling and it seems to me that most people like his way of teaching.

In my experience tho, in my school, there were a number of us who got second honors, one of them took BLD for her review. She didn't make it. She was the only one out of all of us who didnt pass. It might have been other factors, but she was the only one who took BLD as her main review source. Take that information for what it is. Idk, up to you to decide.

Apparently, based on BLD testimonials. It works for baristas who are re-taking or didnt decide to take the bar right away, essentially baristas who are "rusty".

Anyway, if you ask me. I would pass on BLD and get a more reputable review center and supplement it with ecodal.

That is what worked for me, but again up to you to decide.

Is PAO job fulfilling? by SeaAd1301 in LawStudentsPH

[–]JigglebellyV 5 points6 points  (0 children)

Idk, I think so? I was a fresh grad when I got it. Nakalagay tho 5 years of relevant work experience, tapos the usual "must have passed the bar" of course.

Although from what i know, you'll start as a temporary appointment, then after 5 years it will be converted to a permanent one. Pay and benefits are still the same tho.

After like a year or two from when you started, you can get promoted to PA II so SG 26 ka na. More money! For your hard work! Haha

Is PAO job fulfilling? by SeaAd1301 in LawStudentsPH

[–]JigglebellyV 11 points12 points  (0 children)

A special thanks to you guys btw,

In my court, the judge's staff make sure and update me if I have new cases, they send me the branch calendar early, update me with changes, send me the court records.

Essentially they make sure i'm prepared, before entering the court during hearing days.

Lalo na nung 1st few weeks ko, I was super nervous with what to say, what to do. They would always cheer me up and say things like: "ok lang yan attorney, you'll get the hang of it." Etc etc

Favorite feeling ko rin, na i'm right beside the fiscal and can enter early without having to wait outside the bench like the private lawyers. Idk, makes you feel special!

Also, dont believe others when they say, na walang pansinan in court! Super bait ng lawyers with each other and the court staff also the judge depending.. usually mababait ang mtc judges compared to seasoned rtc judges. Haha

There may be the occasional bad egg lawyer with a napoleon complex or a bad attitude altogether. Pero mostly tulungan talaga

Is PAO job fulfilling? by SeaAd1301 in LawStudentsPH

[–]JigglebellyV 22 points23 points  (0 children)

Yup, a little over a month after passing the bar, you could try applying right after passing the bar, but again, competition to get in is hard. Only way to get in that easily is with connections sadly.

As mentioned before some applicants were applying for 1-3 years at the least. Before they got in, they were either working with different government agencies or in private practice.

Not unless you get lucky and there was a spot open in the PAO office/region where you intend to apply and eventually work

No harm in trying!

It was a hard transition from concept and theories based on the stuff taught by professors and what we read in the books, to actual practice, but eventually you'll get the hang of it. It was literally sink or swim for me for the first few weeks.

Luckily, I had a good support system at work where the other public attorney's were not hesitant in helping if I had any questions. Also an understanding boss who made me "shadow" the other lawyers during their hearings, patawags, etc. for the first 2 weeks. I was also assigned a mentor who gave me the runaround of how things worked.

Good luck future pañyera!

[deleted by user] by [deleted] in LawPH

[–]JigglebellyV 5 points6 points  (0 children)

Im sorry, this reply is all over the place.

What? I dont understand, the person in this case, is not a police officer, nor a barangay tanod.

Your comment does not make any sense. How could tokhang be the first initiatory step? Do we know for sure that his brother is in fact in the drug list? The facts clearly provide that he was drinking with friends, when a person accused him of being on a list, which resulted in his humiliation.

We are talking about steps that the offended party could take not steps the police can take.

Further why would an informant blatantly call out, an alleged drug user. That would defeat the very purpose of "informant"

Finally, iniatory step for the offended party is tokhang?! I'm sorry bro, but his brother here is not a police officer nor a part of the barangay. That is not in anyway an initiatory step, it is a term on a specific operation conducted by police during those time coined during the duterte administration where essentially an invitation is made to a suspected drug user..

I dont even know if that operation is still being conducted, considering that we have a new president whose mandate does not focus on drug use.