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I want to ask legal advise!

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1 I want to ask legal advise! on Fri Mar 04, 2011 6:21 pm

Jun Matris


Arresto Menor
Just today happened that i was doing karaoke inside my house and the guard on duty came to my house and said i should stop singing because i create a nuisance to others.I asked him who complain and he said somebody called up the administrator and said about it,so he came to me and told me to stop.Its just an invasion of privacy on my part,plus its 11am in the morning....its not late at night.I am planning to file a case against the said guard esp.he abandoned his post while on duty but better to seek for a legal advise first.I dont know if this is right or not.Please help me!Thank you

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2 Re: I want to ask legal advise! on Tue Apr 12, 2011 9:32 am

gherzy27


Arresto Mayor
hi...i advise not to file one...y? courts are so pre-occupied with so many cases...besides, your problem can be settled at once.here's my suggestion: since you have an association, i presume that you already read the contents of your by-laws (member's obligation). i believe it provides something like violations and penalties...that should be the first thing you should do...try to look at the grievance machinery (im pretty sure, it's all there)...with regard to the nuisance issue, i cannot tell that it's nuisance per se because there is a standard procedure to declare such a nuisance...esp. on the level of sound (decibel). if these things are not feasible, second move is to ask for clarification with your association officers on the matter...don't act so hastily..take note that if things can be settle down at you level, do it...diplomacy is the best and first recourse rather than a last resort.as to the act of the security guard...it's not an act of intruding your privacy..it's his job and that is precisely y you have a security guard...to maintain peace and order within the subdivision premises....legal action is not tenable here....the court will always remand for mandatory settlement...think of the money and time you will spend if you entail to file an action in court...i believe you will have justice you want if you go through this...however, if you feel you are still dissatisfied, then prolong your agony (p.s. attotney's fee is expensive save if you have your own lawyer-friend)

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3 Re: I want to ask legal advise! on Thu Apr 14, 2011 12:13 am

tsi ming choi


Reclusion Perpetua
It is not proper to file a case against the guard because you dont have a valid cause of action. There is no intrusion of your privacy neither your right being violated, likewise the guard did not abandoned his post but rather he exercise his duty to inform you for such nuisance as instructed by his employer.

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