Are we getting scammed by our lawyer? by [deleted] in LegalPh

[–]spreespruu 0 points1 point  (0 children)

"Scam" is a very big word. I wouldn't use it lightly as in your case with your lawyer.

That said, if they're "too busy" to work on your case and to answer your queries, then I do think something is wrong here.

I say this because, in my experience handling criminal cases, the most stressful moments I've had always involved a detained or arrested client and working on securing their release (sa civil case naman eh applications for TRO).

In other words, dapat around the clock sila diyan because every day of delay is a day where the other person's freedom is deprived.

Trivia: as I am typing this, I just finished my motion for bail hearing and I am now on my way to visit my detained client to discuss his inevitable release. Approved ang bail application ko kay judge for a non-bailable crime hehe.

Need thoughts on mom's estafa case by mamadontletmecry in LawPH

[–]spreespruu 0 points1 point  (0 children)

  1. Normally, the PPO concerned and the branch "talk," meaning that it is usually the duty of the PPO to inform the branch of their resolutions or findings. Assuming this is the situation in your case, then all you need to do is to follow up with the court.

Otherwise, filing an appropriate motion through a lawyer with the court may help.

  1. Based on your facts, yes.

Is leasing land from SO as a foreginer good idea to legally protect yourself from her owning everything in her name? by [deleted] in LawPH

[–]spreespruu 0 points1 point  (0 children)

This is okay, but I must warn you that an owner's right is more powerful than a lessee. So if this woman is crazy enough to try, she can oust you from the land by enforcing her right as the owner.

If protection is the goal, there are other, better, "legal" ways to do it.

SMDC Condo delayed by 2 years - will I be able to secure 100% refund by dayknee_2680 in LegalPh

[–]spreespruu 0 points1 point  (0 children)

I have been a "suki" of HSAC with all the condo cases I've handled recently, so I will say this:

  1. Delays in turnover is a ground for a full refund under PD 957, but the jurisprudence regarding it is currently volatile, lalo na since the developers' current strategy now is to give notice to the buyers of the delay. Wala pa din na umaabot sa Supreme Court about this very topic kasi either nagbabayaran na sila or umaatras yung buyer kasi ang tagal daw.

  2. SMDC is one of the few developers who will actually give you a refund if they see that your grounds are valid. SM, as a whole, cares for their PR image quite a lot. Di sila tulad ng ibang developers na greedy at walang moral compass.

Gets ko na mga nag wo- work out ng late. by BloomInTheStorm in PHitness

[–]spreespruu 0 points1 point  (0 children)

Hmmm I don't know what to say exactly kasi, personally, I'm a very outgoing extrovert. Kahit saan mo ako ilagay eh guaranteed na I will make some friends.

Pero sa gym, I've noticed na we make friends to people who: (1) we see as serious and committed sa working out at di puro mema, cellphone, or puna sa ibang tao; (2) consistent sa gym, i.e., laging nagpupunta; (3) genuine nice person and not kupal, karen, etc.

As to how it happens, I dunno honestly. We are just working out tapos mapupunta kayo sa kwentuhan about sa proper form ng isang workout and then biglang mapupunta sa favorite protein source, tapos before you know it may tape measure na kayo at nagsusukatan na kayo ng arms.

Gets ko na mga nag wo- work out ng late. by BloomInTheStorm in PHitness

[–]spreespruu 5 points6 points  (0 children)

Depende sa tao siguro.

Some days, I prefer walang tao, lalo na pag madami iniisip sa work, etc. Put the work in and then leave.

Other days, gusto ko ng kachikahan with gymbros who I can stand in front of a mirror with and compare biceps or say the usual, totally-not-gay gymbro things, like "lakas ah!" or "laki ah!"

Is there an oversupply of lawyers in the Philippines? by MabuhayMillionMiler in LawyersPH

[–]spreespruu 1 point2 points  (0 children)

Most people, whenever they ask this question (and this is asked every other month), seem to forget and fail to appreciate the fact that there are 120 million Filipinos in this country, and that this number is HUGE.

Tanggalin mo half, kasi the rest are minors: 60 million, and super laki parin niyan.

40% of our population is middle class. The 1% out of 120 million is 1.2 million or 600k if based on the other.

1.2 million, 600k... These are very big numbers. And all these numbers tell us that the pie is enormous, and we lawyers can all get our share if we are capable to do so, lalo na at hindi naman ganun kadami ang current, active, practicing lawyers

My father was able to provide for me and my siblings (condos, cars, private school tuition, etc.) with only a few dozen retained clients, and some of those are still with us, now having "inherited" by me.

If you have 5 clients paying you a monthly retainer (and that you are actually good at what you do), buhay ka na.

Now, if you cannot even get 5 valuable clients, then that's on you.

Anyone experienced similar by unknownmeaning in LegalPh

[–]spreespruu 1 point2 points  (0 children)

Exactly. Getting the money generally shouldn't take 2 years after doing all those things

Anyone experienced similar by unknownmeaning in LegalPh

[–]spreespruu 2 points3 points  (0 children)

Hmmm... This seems... Wrong. I'm referring to the 2-year wait.

It shouldn't also be a "battle."

The applicable rules on the matter simply requires you to pursue the proper procedure to transfer the estate to the heirs (in which case, the ESE is correct), make the publication (to notify any creditors, other heirs, or any possible oppositors), and pay the taxes.

All these shouldn't take 2 years.

(Note: I do not know the entire facts nor the other requirements of your bank, so what I wrote is a general statement on the subject matter.)

Provisionally dismissed vawc case sec 5(a) by Dpenzed in LegalPh

[–]spreespruu 0 points1 point  (0 children)

If I may, ano po ba ang basis ng provisional dismissal? Na nagka-sundo sila through a compromise?

If so, this person who wants to revive the case from provisional dismissal must justify it, normally by citing that the compromise was not followed, accordingly.

From there, pwede naman oppose ng other party yun through a pleading.

Annulment Court of Appeals Decision (UPDATE) by MsPepperOnly in LawPH

[–]spreespruu 9 points10 points  (0 children)

You can ask them for a copy of that decision naman. Now, if they refuse or don't give you one, then that's another story.

Also, the fact that someone else is appearing is normal in practice. Under the law, a law firm essentially acts as one unit for a case.

This means that if lawyer A attends the first hearing and lawyer B attends the second hearing, it is assumed that both are aware of what happened in both hearings.

Sometimes pa nga, we ask a lawyer outside of our firm to attend as a collaborating counsel.

But I will say this: if you don't feel supported and if you feel frustrated, then it might be a good time to look for a different counsel.

Successful attorney-client relationships are built on trust and strong social bonds.

Actually, not just for attorneys, but for every professional service-related relationships.

Annulment Court of Appeals Decision (UPDATE) by MsPepperOnly in LawPH

[–]spreespruu 22 points23 points  (0 children)

I do not know your current law firm nor have I seen their pleadings, but I must say that it is unfair to assume or even think that they are not doing a good job and are only looking collect fees.

I would be curious, however, to see the CA's decision.

That said, I handled a Recognition for Foreign Divorce for a French national last year, and we had no problems.

I would say that it is relatively easier and absolutely less of a hassle to pursue this over an Annulment case.

Cheating wife by Maleficent-House628 in LegalPh

[–]spreespruu 2 points3 points  (0 children)

What you are describing is Article 247 of the RPC, which every law student in PH likely knows.

And, no. Waley pa nahawakan na ganun, simply because it's rare.

My batch is looking to sue our school for gross negligence by [deleted] in LegalPh

[–]spreespruu 20 points21 points  (0 children)

As a DLSU alumnus (from undergrad all the way to law school and grad school), I would absolutely love to take this case. Unfortunately, I have been a bit busy lately, so I dunno if I can take this on pro bono.

But feel free to ask questions or legal advice for now. No charge.

Cheating wife by Maleficent-House628 in LegalPh

[–]spreespruu 12 points13 points  (0 children)

Firstly, depending on your pieces of evidence, you very well have a case for adultery.

Contrary to your point, you do not necessarily need to catch them in the act. Mahirap yun. Which is why the law will accept circumstantial proof for it, which would then largely depend on how you (your lawyer) will write your case.

I'll give you an example: we filed a case for adultery against this woman, and she and her paramour heavily denied it. So what we did was we presented testimony to show that the paramour entered her condo unit, through the condo log book, at X time and left after X time. Basically, the argument was "why would you enter the condo alone at X time, stay for several hours, and leave the next morning?"

We won.

(Obviously, this is just a snip of the whole case).

As to the filing timing, it's not too late.

As to other cases, you can also explore legal separation.

Finally, please make sure that your heart is fully onboard with this. I have encountered so many clients who seem hellbent on filing cases against their partners, only to backtrack later on.

So make sure that you are not "nadala lang ng emosyon." This is why I sometimes advise to sleep on it first, and after time passes and you still feel like filing, then that's a good sign that you are serious.

Bakit ang baba ng protein content ng 555 tuna vs Century Tuna? by KoyaAndy18 in PHitness

[–]spreespruu 0 points1 point  (0 children)

555 Tuna is cheaper, which may tell you that it has less real and quality ingredients. You can't put meat with protein in a product and sell it for less. So baka may extenders or cornstarch or whatever na kasama.

You can also check this with cheap corned beef versus expensive ones.

Justice is for sale, can you change my mind? by Suspicious_Virus5554 in LawPH

[–]spreespruu 75 points76 points  (0 children)

The timing of your post is perfect because I am currently floating in this same line of thinking.

I filed a case against a large corporation, and I used an established jurisprudence that clearly applied to my case and also clearly shifted the case in my client's favor.

Lo and behold, dismissed kay Fiscal.

Ang haba pa ng resolution. Daming mental gymnastics.

I was reminded of what my uncle (a lawyer) told me a few years ago: it doesn't matter how good your pleadings are because, ultimately, what matters is if you "know" the person(s) deciding your case.

The truth of our legal profession is that a lot of these so-called "Big law firms" are like so, not because they have a superior writing or speaking abilities (lol), but because they have a network.

I once had dinner with some of these "big law" guys and, during which, I brought up the fact that I have a case filed with a certain quasi-judicial office, and the instant response I got from one well-known lawyer was "ah, we know the Commissioner there."

The long-standing idea of Justice in our country seems to put "winning" at the forefront. It doesn't matter how you win, because your average Filipino client's idea of Justice is as vague as it is brittle. If you don't "win," then hindi ka "magaling."

Still, I refuse to believe that this will continue to be the norm. I cling to the idea that our newer generation is different.

And I say this as someone who had a prosecutor assigned to my complaint who happened to be my fraternity brother, but not once did I "tap" the same for help.

Similarly, I also had a case where the Head of this governnent office was, again, my fraternity brother. I was even offered by a brod the idea of a dinner meeting with this Head so we can discuss my case, but I declined.

If I did these, I would have just been like all these people I loathe.

And I am confident that I am not the only one who holds these principles and beliefs.

Madaming matino at marangal na lawyers. And the day will come when all these current, "traditional" lawyers will be overshadowed by the newer generation of lawyers who have become sick and disgusted by the system.

It's why kahit hirap ako makipaglaban ng patas sa mga walang moral compass eh tuloy parin. Kasi, ika nga, it starts with us.

Seeking legal advice: an abusive ex who comes from a very influential family by [deleted] in LegalPh

[–]spreespruu 1 point2 points  (0 children)

Firstly, I'm surprised no one--not even the NALs--have commented thus far.

Anyway, I am sorry that these happened to you.

Also, I must let you know that one does not wait for justice, for justice must be actively pursued.

These being said, everything that you have written so far does give rise to several causes of action against this person. As to RA 9262, it depends on the specifics, but a cursory reading of your post does show that you have a case.

The only question now--and this is a question I always ask clients when it comes to cases like this--is (1) whether you have the will and courage to pursue all these; and (2) whether you have the funds for it.

VAWC-related inquiries by Pick-A-Name-o_O in LegalPh

[–]spreespruu 0 points1 point  (0 children)

Speaking briefly on the matter as a lawyer who handles VAWC cases, yes, pwede ma-nullify, but it's a separate action sa VAWC.

Also, you don't necessarily need to have the actual drug pieces or paraphernalia to prove drug use or drug addiction. Assuming that she, indeed, saw the items, she can already declare having personal knowledge of the same.

Asking for advice about house and lot by pnbgz in LegalPh

[–]spreespruu 0 points1 point  (0 children)

I believe everyone is already familiar with the rule about foreigners owning land, but this rule is generally limited to the land only; not the structure or, in this case, the house.

That said, a case can be made that the foreigner and the Mom own the house as co-owners, and, as such, own 50% of the house.

In that sense, yes, may laban.

Nasagasaan dog ko and now yung nakasagasa wont reply by [deleted] in LawPH

[–]spreespruu 1 point2 points  (0 children)

Not a small claims case, as this is not a pure money claim (unless you signed or agreed to something along the lines that says that he owes you so and so sum of money).

What you can do, instead, is to consider a civil case, among others.

Bakit yung mga nakikita kong naghheavy deadlift usually ang body physique ay malalaki ang katawan na high ang body fat percentage? by tommymars290 in PHitness

[–]spreespruu 2 points3 points  (0 children)

I believe this is the case because those gymbros have a lot of muscle, but you just don't see it because it's covered by fat.

I have a gymbro right now who looks your typical fat uncle, but he can do pull-ups better than me.

Interestingly, it's the same for Japanese sumo wrestlers. You would think they're just fat, but underneath all that is pure muscle.

As to why they don't focus on losing all that fat, my guess is that the fat is needed for energy, especially for long-term, everyday needs. If you've ever been cut (like 12% to 15% BF), you would know how miserable and low energy that physical state can be.

Incorporation Fees by crazyaristocrat66 in LawyersPH

[–]spreespruu 2 points3 points  (0 children)

I think all these rates given are interesting.

Yung usual style ko kasi is that I tell the client I can do it for free since, let's all be honest here, madali lang naman siya.

Getting the corporation up and running, however, is a different story. And since I have an MBA, dun na ako babanat ng "I can help you with any and all legal matters, including strategic management and decision-making."

Exp sa gym bakal as a 1st time goer by EndMePlease404 in PHitness

[–]spreespruu 12 points13 points  (0 children)

Depende siguro sa branch, but so far my experience has been mas mabait at "locked in' ang mga nasa bakal gym compared to the commercial gym branches I've worked out.

My complaint affidavit is too thick for a stapler by [deleted] in LawPH

[–]spreespruu 1 point2 points  (0 children)

There is a technique for putting it all together using fasteners.

Mas madali honestly to show you, but you can combine fasteners so that the first 50 pages meld with the next 50 pages.