Peñaflor Law Office Property Department

Happy Holidays!

No lawyer? No problem! If someone owes you money not exceeding P400,000 if you’re in Metro Manila and P300,000 outside Metro Manila, you can pursue small claims with the court even without a lawyer representing your case. The case should be purely civil in nature, where the claim or demand may be:

1) for a sum of money owed under any of the following:
a) contract of loan;
b) contract of services;
c) contract of sale; or
d) contract of mortgage;

2) for liquidated damages arising from contracts; or

3) for enforcement of a barangay amicable settlement or an arbitration award involving a money claim.

A small claims action is filed before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts.

Read this article to know more about pursuing small claims: https://bit.ly/3xgb5RS.

A DOSE OF LAW | Anti-hospital arrest

Published 23 August 2021, The Daily Tribune

During these times where hospital bills are sky-high, may a patient, or his relatives on his behalf, demand for his release even if the bills are still unpaid? The answer is yes – and this applies whether the patient is dead or alive.

Dean Nilo Divina talks about RA No. 9439 or the Act Prohibiting the Detention of Patients in Hospitals and Medical Clinics on Grounds of Nonpayment of Hospital Bills or Medical Expenses.

Read it here: https://bit.ly/3sDDUq0

good for all of us!!

Estate Tax Amnesty extended until June 14, 2023!

Revenue Regulations No. 17-2021 Amends certain provisions of RR No. 6-2019 to implement the extension of the Estate Tax Amnesty pursuant to RA No. 11569, which amended RA No. 11213 (Tax Amnesty Act). For full text, http://ow.ly/xzl730rQS69

Congrats to our prof and law dean for the Divine success.

Atty. Nilo Divina: When lawyering is dynamic and divine – Philippines Graphic For  lawyer Nilo Divina, who heads one of the most sought - after law firms by clients and aspiring  lawyers, miracles do happen. “There is no other&n

In court arguments are heard not voice!

How expensive to be a lawyer?

HOW EXPENSIVE IS IT TO BE A LAWYER?

This is a conservative estimate. It may be more depending on the school and lifestyle of student.

LAW SCHOOL PROPER (4 years)
Tuition and other fees (40,000 x 8 sems) - 320,000 (estimate; some schools have much higher tuitions)
Books (average of 2,000 each, around 30 in total) - 60,000
Miscellaneous items (highlighters, pens, photocopying, printing, etc.) - 56,000 (based on a 7,000/semester budget allocation)
Daily personal expenses (transportation, meals, coffee) - 128,000 (based on a 1,000/week allowance)

OTHERS (Stress, mental anguish, sleepless nights, missed opportunities, missed events, foregone income) - PRICELESS

TOTAL: 564,000

After law school, one is expected to spend for the following:

BAR REVIEW (6 months)
Miscellaneous bar exam application requirements/documents - 10,000
Bar Review Lectures (Pre-bar) - 20,000
Additional reading materials (average of 8 books)- 16,000
Board and Lodging (if out of residence, based on 5500/month rent) - 33,000
Miscellaneous items (highlighters, pens, photocopying, printing, etc.) - 10,000
Daily personal expenses (transportation, meals, coffee) - 24,000 (based on a 1,000/week allowance)

BAR EXAM (1 month)
Bar Review Lectures (Pre-week, last minute) - 12,000
Accommodation (if out of residence, based on 2000/day fee) - 8,000
Daily personal expenses (transportation, meals, coffee) - 8,000 (based on a 2,000/day allowance)
Miscellaneous items (pens, bag, other supplies) - 2,000

TOTAL: 707,000

Note: This does not include expenses after passing the bar.

Legitimate children may use their mom’s surname, SC rules | BusinessWorld Advertisement Editors' PicksOne NewsThe Nation Legitimate children may use their mom’s surname, SC rules February 24, 2021 | 7:32 pm Font Size A A A PHILSTAR LEGITIMATE Filipino children can use the surname of their mother as their own, according to the Supreme Court (SC). In a 15-page decision wr...

what awesome prizes this contest would give!!

To our senior practicioners, pls read this!!

SC warns elderly lawyer against submitting motions without notice of hearing The Supreme Court (SC) has "sternly warned" septuagenarian lawyer Romeo Derez "not to submit any Motion for the consideration of the courts unless the same includes a Notice of Hearing, whenever required"—a rather light penalty that "especially" considered his "advanced age" and his client's behav...

A DOSE OF LAW | Criminal proceedings 101: Inquest (Part 1)

Published 15 January 2021, The Daily Tribune

In response to the various inquiries received about the rules on criminal procedure for certain stages of a criminal action, Dean Nilo Divina is writing a series on Criminal Proceedings 101 beginning with today’s discussion on inquest.

Read it here: http://bit.ly/35HyuAd

Happy Holidays from Peñaflor Law Office and AGP Vehicare Family!

We would like to greet everyone a Merry Christmas and a Blessed Happy New Year!

Here is a from last years' Christmas party. This year we celebrate the Holidays together in spirit!!

The maceda law

Do you have problems with your condo purchase?

Go to Abogados.ph and find property law specialists to help start solving it:

Atty. Joseph Migriño
Migriño & Dacanay
701 7th Floor Tycoon Corporate Center, Pearl Drive, Ortigas Center
Pasig City, NCR
+63 2 7625 6860
https://migrino.ph

https://abogados.ph/directory/lawyer-profile?id=4e5463354d7a5131&Region=NCR&p=1

Abogados: Claim your free profile at Abogados.ph and let us help you start making new connections.

Is a demand letter a requisite in Estafa?

Demand not required in estafa!!

projectjurisprudence.com Art. 315. Swindling (estafa).Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by:

Is NO-license driver AUTOMATICALLY criminally liable for car accident? Answer: No.

projectjurisprudence.com "Law does not say, men, that a driver without license is automatically liable in a criminal negligence case. This belief has been passed down to us by ancient investigators without legal basis."

Court reverses acquittal of lawyer Lorna Kapunan in unjust vexation case

Dean Divina wins!!

abogado.com.ph The Manila regional trial court has reversed the acquittal of feisty lawyer Lorna Kapunan by the Metropolitan trial court in connection with the unjust vexation case filed by University of Santo To…

Sharing, liking are not cyberlibel, Supreme Court shows why

That we may be aware of our rights!!

technology.inquirer.net Criminalizing the “aiding or abetting” of online libel and prosecuting those who simply receive and react to defamatory social media posts will be difficult if the complexities of cyberspace are ignored in the formulation of a cyberlibel law, according to the Supreme Court.

IBP RSM Chapter

The Securities and Exchange Commission reopened this July 1, 2020, after temporarily closing due to potential Covid-19 cases. In line with the foregoing, they issued a press release regarding the adjustment of the deadlines for submitting annual reports. Please be guided accordingly.

Let us be aware of this!!

Supreme Court affirms condo dues not subject to tax

Condo dues not taxable!!

rappler.com The Supreme Court says association dues and other assessment charges do not form part of a condominium corporation's gross income

SC: A license is always revocable

A license is always revocable- SC

projectjurisprudence.com A license granted by the State is always revocable.

Only 281 passed when Perlas-Bernabe was examiner

One of the hardest bar exams in the history (2007)- the year I took my first and last bar exams.

projectjurisprudence.com "The correction (by the examiners) was unusually strict," said Azcuna said.

Must read for lessees! Re: rental fees!!