tag:blogger.com,1999:blog-18260617.post114784155603682162..comments2023-06-09T23:24:58.079+08:00Comments on Legal Updates on the Family Code Philippines and relevant matters: Jurisdiction of courtsAtty. Gerry T. Galaciohttp://www.blogger.com/profile/17233852101336409722noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-18260617.post-4684654620179679982008-02-11T11:43:00.000+08:002008-02-11T11:43:00.000+08:00Ejectment (or specifically, forcible entry) is a C...Ejectment (or specifically, forcible entry) is a CIVIL case and not a criminal case. That eans that if you win in the ejectment case, your brother will not be sent to jail. Rather, he will be removed from the property in question and possession of the property will be given to you.<BR/><BR/>Your lawyer probably is preparing other criminal cases related to your brother's illegal actions. Your lawyer is in a much better position to explain to you all the facts and legal remedies available to you. It would be against the ethics of the legal profession if I advise you on these things since you have already retained the services of a lawyer.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-70372050522476861762008-02-11T04:34:00.000+08:002008-02-11T04:34:00.000+08:00Atty., Thx for your reply. If found guilty, Is the...Atty., Thx for your reply. If found guilty, Is the forcibly entry of the case of my brother can he be put to jail?If so how many years? My lawyer had told me that the case to be filed against him is the Ejectment" Forcible entry and then all his other criminal action against to my family members will be added to him. I know he is very desperate now of all his fake documents. He knew himself that he's doing against the law. He hired some illiterate people to support him and will listen to his command to let our parents and my other brothers to be terrified of his death threatening. Last saturday afternoon my parents were surprised there's a man came to our house looking for my parents to let them sign a documents he was introducing himself that he was from DENR. We already knew that it was from my brother another strategy. We are still waiting 'til now as my lawyer already prepared the case againts him and he's submitting a letter to the MTC to file the case. We have all the strong evidence and legal documents to support the case. I will ask again. If he find guilty what punishment in the law will be given to him?<BR/>Please help me...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18260617.post-51462353979834020982008-02-08T16:49:00.000+08:002008-02-08T16:49:00.000+08:001. Your lawyer is right in filing a case for eject...1. Your lawyer is right in filing a case for ejectment, specifically , forcible entry. Forcible entry is committed by what is known as FIST or force, intimidation, stealth or treachery. What your brother did falls squarely under this category.<BR/><BR/>Forcible entry falls under the Rule on Summary Procedure and thus it is a battle of documents, position papers. The rule on SP is meant to expedite the resolution of the case.<BR/><BR/>2. As to the criminal acts of your brother, you should file the necessary complaints with the fiscal's office and not simply blotter them. Ask your witnesses to submit affidavits about what happened or have their statements taken and sowrn to before the appropriate police oficers who will then endorse these to the fiscal's office. In the provinces, it is the municipal judge who conducts the preliminary ecxamination.<BR/><BR/>In law, we have the maxim by Cicero which goes like this:" In the midst of arms, the law is silent." This means that besides going through the legal process, you should take proactive steps to protect yourself and your family members. This could include hiring security guards, asking the police officers and barangay tanods to conduct patrols or ronda in your place, and taking precautionary steps whenever you travel.Atty. Gerry T. Galaciohttps://www.blogger.com/profile/17233852101336409722noreply@blogger.comtag:blogger.com,1999:blog-18260617.post-71567149202796855602008-02-07T14:04:00.000+08:002008-02-07T14:04:00.000+08:00Hi!I need a legal advice.I own a farm land fully p...Hi!I need a legal advice.I own a farm land fully planted with palm oil more or less 50 hectares.I am so exhausted now, one of my brother want to kill my family. When I started developing the farm he was one of my leadman to farm workers. After a year he had some anomalies in the farm specially money matters. When everything in the farm is under control he went so nuts and cruel. He pointed his illegal guns to our brothers and sister leading the farm workers in the farm and even our parents.I ordered him to get out in the farm. He threatened them to kill. He steal my carabao. Then at the midnight of 2006 he burned all the farmhouse and keep sending death threat to my other siblings that work as lead man in the farm. All the incidents were all reported in and blottered in nearest police station. This year 2008 he ambushed our brother in the farm causing him a physical injury. He stop my workers entering in my farm he blocked them as will as my brother that administering my farm. I contacted a lawyer to help me resolve this matter and he told me that the case to be filed againts him is "Ejectment Case" Forcible entry. He is hiring some of his cronies to support his demonic plan and to support his criminal activities. I am now terrified and I want justice. What would be the punishment against him. I already have enough of all his criminal offenses. Can he have a maximum sentence if this case now will be process at MTC? He is now in a rebellious state to kill. I am terrified that if he will not be put to jail he will gonna kill my brother that administered my farm. He wanted to own my farmland. I am so overwhelm of his outrageous criminal behavior. I could not sleep and I don't have enough strength each day. He is now like a lion ready to kill.He's grinding his teeth to kill. Please give me all your legal advices...Anonymousnoreply@blogger.com