Contractor pretending to be an architect
Dear PAO, My sister planned to renovate her coffee shop in the city. She tried to look for an architect to help her plot and design the renovation. One of her customers recommended an architect to her. This supposed architect met up with my sister, expressly introduced himself as one, with a calling card to […]
Lawyer assisting a suspect must be competent and independent
Dear PAO,X is being charged with the crime of Theft. According to X’s live-in partner, X informed the arresting officers that he has a lawyer of his choice, the one that was provided by his employer, because the latter also wants to protect the rights of X as she believes that X did not commit […]
Right of first refusal | The Manila Times
Dear PAO, In my lease contract, a provision for the exercise of the right of first refusal was expressly agreed upon. It came to my knowledge, however, that my lessor intends to sell the leased premises to his relative. My lessor claimed that I cannot invoke my right of first refusal since the right of […]
Return of money is not a defense in estafa by means of deceit
Dear PAO, X sold a property to my sister. That property is titled under the name of K. But X convinced my sister that he has lawful authority to transact the property, saying that he is a real estate agent who personally knows K. He even showed my sister a special power of attorney allegedly […]
Treachery, an aggravating circumstance | The Manila Times
Dear PAO, My sister’s friend was a victim of a stabbing incident. The assailant pretended to be a customer of her food kiosk, and, out of nowhere, he stabbed her two times with a knife. My sister was told the assailant was already carrying the knife when he went to the kiosk. The victim’s family […]
Rule on alienation of conjugal property without the consent of other spouse
Dear PAO, I was married in 1980. Subsequently, we acquired conjugal properties involving parcels of land in the province. In 1998, my husband sold one of our properties without my knowledge or consent. Was the sale valid? Quennie Dear Queenie, In Cueno vs. Bautista, GR 246445, March 2, 2021, the Court En Banc, through Associate […]
Charging a fee for the use of restrooms
Dear PAO, The management of a passenger bus terminal is charging a fee of P10 for their passengers’ use of the restrooms inside their own terminal. Is this allowed? Frank Dear Frank, Please be informed that Sections 5 and 7 of Republic Act (RA) 11311, otherwise known as the “Act to Improve Land Transportation Terminals, […]
Intent to gain in theft
Dear PAO, My daughter works as a househelper. Unfortunately, she was victimized by the Dugo-Dugo Gang and was fooled into believing that her boss had an accident and was in dire need of money as soon as possible. She was told to look for jewelry and cash and to meet someone in Quiapo who would […]
Custody over a minor child
Dear PAO, My wife and I were blessed with a 4-year-old baby girl. When she left to work abroad, our child was left in my care and custody. We tried to save our marriage. But unfortunately, we later separated due to constant fights and disagreements. When she returned from abroad, she wanted to take the […]
Circumstantial evidence may be used to prove conspiracy
Dear PAO, My cousin was assaulted a few weeks ago, and he is planning to file a complaint against three men, A, B, and C, because they allegedly conspired to commit the assault. B and C denied assaulting my cousin. According to them, it was only A who was responsible for the assault and the […]