Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

is civil code art.26 useless??

View previous topic View next topic Go down  Message [Page 1 of 1]

1 is civil code art.26 useless?? on Thu Oct 20, 2011 2:53 am

cheetoz15


Arresto Mayor
when somebody is found guilty of art.26 of the civil code.

1. will he be jailed??

2. will he have a NBI or POLICE record for it??

3. if he cant pay the damages will he be jailed??

4. if he wont be jailed even if he cant pay the
damages, then what is the point of bringing
him to court if Art.26 is absolutely useless??
with no punishment??

5. what is the purpose of this law if it has no
teeth??

View user profile

2 Re: is civil code art.26 useless?? on Thu Oct 20, 2011 9:04 pm

attyLLL


moderator
is there any other case you can file that will propser? if not, that is the purpose of art. 26- to allow a civil case where the bureden of proof is only preponderance and not beyond reaonalbe doubt. if it's not effective in your case, then it's not necessarily true in all cases.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: is civil code art.26 useless?? on Thu Oct 27, 2011 2:51 am

cheetoz15


Arresto Mayor
ok atty. but my point is, he was found guilty of art.26.

but he doesn't have the money to pay for the damages, since no jail time & no police record. so what will happen to him??

will the court be persistent in collecting the money for damages or they will just let it go??

View user profile

4 Re: is civil code art.26 useless?? on Fri Oct 28, 2011 10:58 pm

attyLLL


moderator
didn't you have your own lawyer?


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: is civil code art.26 useless?? on Thu Nov 03, 2011 1:17 am

cheetoz15


Arresto Mayor
im still thinking about it if I were to 2 file or not? but i just want 2 know my chances coz i might just be wasting my time & money in court if that wont prosper in any way? I think my case will fall under unjust vexation but the punishment is just a fine of 200h or 30 days in jail or both. but if that wont do it, for sure art.26 will. so im just saying under my previous questions what if he was found guilty of art.26, will the court be persistent to the defendant in collecting the money or after the hearing it will just be payable when able?

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum