Dear client

Yes I am a lawyer, BUT:

1. Just like any other job, we would like to be off duty by 5pm. Calls, messages for legal advice after that time are not appreciated. Unless its an absolute emergency or the topic will require zero brain power, don't text or call. We would also like to rest, we are humans after all, and our job is exhausting too.
2. We do not know everything and it doesn't mean that we're not good lawyers. If your lawyer pauses for a while to research and make sure before making a definite statement or advice, you are in good hands.
3. Do not be stubborn. You can ask for a 2nd legal opinion from another lawyer to make sure but do not go fishing.
3.a. Do not ask for advice from a non-lawyer. The circumstances of their case may not be the same as yours.
4. The law office is not divisoria.
5. A lawyer's brilliance is shown in his courtesy and non-confrontational demeanor while in the courtroom. Do not be impressed by an over the top, soap opera like drama by some lawyers. After all, its all about the substance of what they're saying, not the manner they say it.
6. If you can, please make it on time for your appointment or hearing and make an appointment and not just barge in. While we can multitask, some tasks need full focus and concentration, and when we get distracted, its hard to go back to the line of thought.
7. Do not expect your opponent to tell the truth and complain about their lies to your lawyer. Hahaha. We expected that of course, how come you didn't?
8. We could be friends later on, but we're not right now okay? If you're going through a tough time, talk to your friends, or seek professional help.
9. We are not miracle workers, we cannot change the law or the rules, but we might be able to twist it to our advantage.
10. We would like to solve your problem and we're extremely satisfied and fulfilled if we do. We are just as happy whenever we win in court or when we reach an out of court settlement. Its not all about the money.

Blogging from your ipod/iphone

this is so cool. i can now update myblog using my ipod. I downloaded the application iblog, added my accounts and tada!!!
pros: mobility
cons: keyboard doesnt rotate and i dont think i can add photos .

[Posted with iBlogger from my iPod touch]

PART 2 - LOAN AND SECURITY

2. MORTGAGE

There are two types of mortgage: Real Estate and Chattel. In real estate, the collateral used is a real property. Real property is also known as an immovable property like lots, buildings, condos. In chattel mortgage, the collateral used is a movable or personal property like cars, equipment, etc. This is the most advisable form of collateral any lawyer will advice you.

Usually a clause is inserted in the deed of real estate mortgage allowing the extrajudicial foreclosure of the property. You have to make sure that this is part of your agreement otherwise going through a judicial foreclosure is a tedious process. Also, it is provided under our laws that the interest should be in writing otherwise only the legal interest of 12% is applicable. Make sure that the real estate mortgage is annotated in the title (registered with the Registry of Deeds). Some creditors likewise keep the original title for additional security because under our laws, you cannot prohibit the debtor/mortgagor from selling the property. Note that the debtor and mortgagor can be two different persons.

Chattel mortgages are also allowed to be registered in the ROD.

PART 1 - LOAN AND SECURITY

In this blog i wish to discuss the most common and recommended security for people in the lending business or those who want to engage in it. Naturally, as a creditor, you would want to feel secured that you can go after the debtor if he fails to pay you on the agreed period.

1. ISSUANCE OF POSTDATED CHECKS (PDC's)

This is the most common of all forms of security in extending a loan. Basically, the debtor has to issue postdated checks corresponding to the monthly installment plus the interest. But if the agreement is to pay the loan in full at a fixed period, then the whole amount plus interest will be the face value of the check. In the latter instance, there are some who make use of the rediscounting method wherein they exchange the value of the check with cash already deducting the agreed interest. When paying, the debtor can either deposit in the checking account the payment and ask the creditor to just encash the check or he can pay in cash and take back the postdated check(s) he issued. If he fails to pay, the creditor will deposit or encash the check on its due date.

Thereafter, a criminal complaint for Violation of Batas Pambansa Bilang 22 (Bouncing Checks Law) is filed. B.P. 22 prohibits the issuance of worthless checks. Although issuing a bounced check is a crime, this is frequently abused by creditors. Every now and then, a complaint in our office is filed for this kind of offense only for the purpose of collecting the loan. In short, we become collecting agencies. In my opinion however, this is the most tiring, frustrating form of security or collateral in the lending business. Why so? because even if a case is filed in court against the debtor, you have to wait till a judgment of conviction becomes final before you can colllect. That is, if the debtor has properties which can be executed. There is also no assurance that you can secure a judgment of conviction. For some lucky ones however, the threat of a criminal case forces the debtor to settle the loan. But for those who have nothing to lose, they couldn't care less.

Procedure: Send a demand letter (better if through a lawyer) personally or thru registered mail or private couriers. It is very important that the debtor receives the demand letter. I would recommend hiring a lawyer for this. If there is no payment received within the allotted time period, then a criminal complaint is filed before the prosecutor's office or the Municipal Trial Court/Municipal Circuit Trial Court.

Tips on Prosecuting Drug Cases

1. Prior to pre-trial, subpoena the Crime Lab to bring the relevant documents and the specimen, so that they can be marked already. Otherwise, present the Forensic Chemist first during the trial, to avoid recalling the poseur-buyer to identify the specimen.
2. Mark and identify the specimen, from the plastic to the written markings.
3. In selling, establish the exchange of money and drugs, from whom the items were recovered afterwards.
4. Chain of custody is very important.
5. Always ask the poseur-buyer whether the specimen is the same item he purchased from accused.
6. Establish absence of ill-motive on the part of the police officers.
7. Show the length of time from buy-bust/search to delivery to crime lab for examination.
8. Ask the forensic chemist from where he took the sample which tested positive for the presence of drugs, and show that the weighing was made without the plastic, and if it was weighed after taking the sample.

to be continued

I wish i were a superhero

Last week we were compelled to attend a 5 day orientation/workshop to enhance our prosecuting skills (if any). I left the workshop with a renewed love for my work and came back to the office with a feeling of dread. Gosh, proof beyond reasonable doubt?? how am i supposed to prove the guilt of the accused when the evidence provided by the police is more often than not, lacking? How i wish we had the crime investigation machinery of other countries. It would be very easy to get a conviction, admission or plea-bargaining.

Its really disappointing and pitiful that the police here in our city dont even the capacity to take fingerprints.Fingerprints!! how hard is that??? and the SOCO?? what is that???? I have been in this job for about 2 years and i have yet to see a SOCO report or a police investigation report. Usually, if there are no eyewitnesses, then there is no complaint filed. Sad but true. I wish i were a superhero. Imagine flying over the crime scene and catching the culprit. Sigh.

I may not be a superhero, i may not have much but i am true. Even the highest bidder wont be able buy my integrity.

I just hope that in the advent of the alabang boys controversy, there would be no generalization. Otherwise, we in the prosecution service might lose our love for this job that doesnt pay so well.

Lets just remember that accusation is not synonymous with guilt. A mistake in judgment may be just a mistake with no other underlying cause.

Do i miss work?

I have been staying at home for the last 2 weeks honing my domestic skills. Fortunately for me, i still have two weeks more to perfect the recipes i have downloaded from the internet and buy the much needed curtains for the kitchen and the bedroom.

In order to keep my sanity, I have decided to make use of this blog which my husband created for me. Although I may not be good with writing, this is my first attempt at expressing myself in the English language.

I didn't realize being at home can be really boring, but as of today, I would prefer staying here than being at work. I do not miss the stress of everyday work, but i do miss the people at the office. Being pestered by overzealous clients, complainants, witnesses and police officers can be annoying at times. It's actually nice to be in a peaceful environment. Imagine yourself in my shoes, trying so hard to concentrate on finding ways how to put a felon in jail. You list down all possible witnesses, the nature of their testimony, the law applicable, research relevant jurisprudence, read the rule on evidence, prepare for possible objections, write letters to interview witnesses, and then suddenly, someone will just pop out from nowhere and bring you to the reality that you are obliged to entertain any and all visitors seeking legal advice or to notarize legal documents.

Sigh, just when you were in your element and then bang! What's worst is that you cannot do anything about their ignorance, low iq and persistence. No matter how much you try to explain the consequences, they still don't get it. Maybe something is wrong with me, I am not a good teacher. I do not have the right to complain, and i should not be complaining. But ignorance and lack of education is frustrating at times.

I don't look my age and sometimes don't dress like a lawyer. Clients' first impression of me is that i am a neophyte and they do not believe me when i give them advice. People do not have faith in young lawyers. But that's another topic for next time.

In concluding, I don't miss work and I do not miss court hearings.

Maybe this job is not for me.