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Pls. help me.

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1 Pls. help me. on Mon Feb 25, 2013 7:03 pm

Ano po ba ang gagawin ko dahil nalugi ang business ko na grocery store at meron pa po ako mga standing account sa mga ahente ko at some lending company. Wala naman po akong cheque na issue. Wala rin po ako balak pagtaguan sila pero sa ngayon wala po akong pera na pambayad pa. Makukulong po ba ako? May magagawa pa po ba akong paraan kahit palugit lang hangang maka-ipon ako ng pambayad sa kanila? Please help me dahil hindi ko po alam ang gagawin ko. Salamat in advance.

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2 Re: Pls. help me. on Mon Feb 25, 2013 7:36 pm

jd888


moderator
Wala naman po akong cheque na issue
Makukulong po ba ako?

You can never go to prison.

May magagawa pa po ba akong paraan

Yes, just tell them you will pay them. No particular time-frame, just gradual or stagger.

The prohibition against imprisonment for a debt is a basic right enshrined in no less than the Constitution (Article III):

No person shall be imprisoned for debt or non-payment of a poll tax.

The rationale for this prohibition is explained in the case of Lozano vs. Martinez, thus:

. . . Viewed in its historical context, the constitutional prohibition against imprisonment for debt is a safeguard that evolved gradually during the early part of the nineteenth century in the various states of the American Union as a result of the people’s revulsion at the cruel and inhumane practice, sanctioned by common law, which permitted creditors to cause the incarceration of debtors who could not pay their debts. At common law, money judgments arising from actions for the recovery of a debt or for damages from breach of a contract could be enforced against the person or body of the debtor by writ of capias ad satisfaciendum. By means of this writ, a debtor could be seized and imprisoned at the instance of the creditor until he makes the satisfaction awarded. As a consequence of the popular ground swell against such a barbarous practice, provisions forbidding imprisonment for debt came to be generally enshrined in the constitutions of various states of the Union.

This humanitarian provision was transported to our shores by the Americans at the turn of the century and embodied in our organic laws. Later, our fundamental law outlawed not only imprisonment for debt, but also the infamous practice, native to our shore, of throwing people in jail for non-payment of the cedula or poll tax.

In other words, no one could be compelled to pay a debt under pain of criminal sanctions (estafa is a different matter). No one could also substitute the payment of debt through imprisonment or other criminal penalties (subsidiary imprisonment is also another matter).


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3 Re: Pls. help me. on Mon Feb 25, 2013 10:23 pm

Thank you po sa advice at least mapapanatag po ako.

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4 Re: Pls. help me. on Tue Feb 26, 2013 1:23 pm

jd888


moderator
Welcome. Goodluck.


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5 Re: Pls. help me. Today at 4:06 am

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