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Unlawful Detainer Case Guidance
Summary
Re-filing an unlawful detainer case requires complete documentation, including a barangay certificate. Consider filing a motion to exclude minors if necessary. Legal aid organizations and law schools may offer free services. Self-representation is possible, but understanding court procedures is crucial. Gather evidence like tax declarations and witness testimonies. For eCAR issues, follow up with the BIR.Full Conversation
My name is Enriqueta Gravoso
Hi Enriqueta! Yes, it's free. I'm here to provide legal information. Could you tell me a bit more about the legal issue you're facing?
Good evening! I am the plaintiff of a case for unlawful detainer, but my case was dismissed without prejudice due to minors who were amended by my lawyer as defendants. On our part, we failed to attach the certificate to the file action issued by the barangay. What should I do, Att'y. I want to finish the case, but my counsel refused to handle the same coz I am poor and I cannot afford his demand of 50K. Please give me some advice, I can no longer go to PAO since the defendant had a PAO lawyer.
Good evening, Enriqueta! You might consider re-filing the case, ensuring all the required documents, including the barangay certificate, are complete. You could also seek assistance from legal aid organizations or law schools offering free legal services to low-income individuals in Caraga. Have you considered exploring these options?
I was here in Camiguin last Thursday. I was at the Legal Assistance Office here in our province. The consultation is free, but for handling the case same amount po.
Case Rating: *
Hi Enriqueta! It sounds like you're dealing with a complicated situation. Here are some steps you might consider:
- Re-file the case with all necessary documents, including the barangay certificate.
- Seek help from legal aid organizations, law schools, or pro bono lawyers.
- Consider mediation through the barangay to resolve the issue.
If you need further assistance, feel free to ask!
Hi Enriqueta! It sounds like you're dealing with a complicated situation. Here are some steps you might consider:
- Re-file the case with all necessary documents, including the barangay certificate.
- Seek help from legal aid organizations, law schools, or pro bono lawyers.
- Consider mediation through the barangay to resolve the issue.
If you need further assistance, feel free to ask!
What I should I do? I don't want to include minors as defendants. Can I file a motion to exclude minor in the case?
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Enriqueta, you can file a motion to exclude minors as defendants if you believe their involvement is unnecessary. Here's a general guideline:
- Ensure you provide a valid reason for their exclusion.
- Submit the motion to the court handling your case.
- Consult legal aid or seek pro bono assistance if needed.
Exploring local legal aid organizations could be beneficial. Would you like more information on this, or do you have another question?
Enriqueta, you can file a motion to exclude minors as defendants if you believe their involvement is unnecessary. Here's a general guideline:
- Ensure you provide a valid reason for their exclusion.
- Submit the motion to the court handling your case.
- Consult legal aid or seek pro bono assistance if needed.
Exploring local legal aid organizations could be beneficial. Would you like more information on this, or do you have another question?
Pro brono Aid is limited for criminal cases, as my case is not free according to the one lawyer I talked to. I decided to represent myself. Is that possible?
Case Rating: *
Enriqueta, representing yourself is possible, but it's important to understand the process and requirements thoroughly. Here are a few tips:
- Gather all necessary documents and evidence.
- Familiarize yourself with court procedures and rules.
- Consider seeking advice from legal aid clinics or online resources.
- Stay organized and prepared for hearings.
If you have other questions or need further guidance, feel free to ask!
Enriqueta, representing yourself is possible, but it's important to understand the process and requirements thoroughly. Here are a few tips:
- Gather all necessary documents and evidence.
- Familiarize yourself with court procedures and rules.
- Consider seeking advice from legal aid clinics or online resources.
- Stay organized and prepared for hearings.
If you have other questions or need further guidance, feel free to ask!
Familiarize yourself with court procedures and rules. What does this mean? I am very much satisfied with the answers you have shared, simple and understandable.
Case Rating: *
Enriqueta, familiarizing yourself with court procedures and rules means understanding how the court system works, including:
- Filing documents correctly and on time.
- Understanding courtroom etiquette and processes.
- Knowing the legal terminology used in court.
- Being aware of deadlines and schedules for hearings.
It's crucial to be well-prepared if you're representing yourself. Let me know if you need more details on any of these aspects!
Enriqueta, familiarizing yourself with court procedures and rules means understanding how the court system works, including:
- Filing documents correctly and on time.
- Understanding courtroom etiquette and processes.
- Knowing the legal terminology used in court.
- Being aware of deadlines and schedules for hearings.
It's crucial to be well-prepared if you're representing yourself. Let me know if you need more details on any of these aspects!
Okay Please guide me
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Enriqueta, it's great that you're considering representing yourself. Here's a brief guide for self-representation:
- Start with understanding the specific rules of the court where your case is filed.
- Study similar cases to gain insights.
- Utilize legal aid clinics for advice.
Do you have any specific questions about court procedures or filing documents?
Enriqueta, it's great that you're considering representing yourself. Here's a brief guide for self-representation:
- Start with understanding the specific rules of the court where your case is filed.
- Study similar cases to gain insights.
- Utilize legal aid clinics for advice.
Do you have any specific questions about court procedures or filing documents?
My case was filed at the MTC
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Hello Enriqueta! When representing yourself in an MTC (Municipal Trial Court), focus on understanding the court's specific procedures. Here are a couple of steps:
- Review the rules of MTC in your locality.
- Attend court sessions to observe and learn.
If you have any questions, feel free to ask!
Hello Enriqueta! When representing yourself in an MTC (Municipal Trial Court), focus on understanding the court's specific procedures. Here are a couple of steps:
- Review the rules of MTC in your locality.
- Attend court sessions to observe and learn.
If you have any questions, feel free to ask!
We are the owner of a certain parcel of land located at Poblacion Mambajao, Camiguin, Province of Camiguin, with an area of * sq/m square meters more or less, covered by Tax Declaration No.*-* * as herewith furnished:
That said parcel of land was acquired through inheritance. The said property is owned by the registered owner, Luciano Lagria, our grandfather.
We have specific evidence, such as Receipts, Tax declarations, Land surveys, photos, witnesses, and testimonies as proof, and further inherited the said land through intestate succession.
This is the truth atty. Is there any possibility of winning this case?
Case Rating: *
Hi Enriqueta, your case seems promising given the evidence you have. Here are some points to consider:
- Ensure all evidence is properly documented and presented.
- Verify the completeness of necessary legal documents like tax declarations.
- Consider mediation to potentially resolve the issue amicably.
Would you like more information on court procedures or legal aid in your area?
Hi Enriqueta, your case seems promising given the evidence you have. Here are some points to consider:
- Ensure all evidence is properly documented and presented.
- Verify the completeness of necessary legal documents like tax declarations.
- Consider mediation to potentially resolve the issue amicably.
Would you like more information on court procedures or legal aid in your area?
What are the valid reasons for minors exclusion in this case?
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Here are some valid reasons for excluding minors as defendants in a case:
- Minors may lack the legal capacity to be held responsible.
- Their involvement may not be relevant to resolving the issue.
- Protecting the minors from unnecessary legal proceedings.
Do you have any other questions regarding your case?
Here are some valid reasons for excluding minors as defendants in a case:
- Minors may lack the legal capacity to be held responsible.
- Their involvement may not be relevant to resolving the issue.
- Protecting the minors from unnecessary legal proceedings.
Do you have any other questions regarding your case?
Very clear thank you very much?
Case Rating: *
I'm glad the information is helpful, Enriqueta! If you have more questions or need further guidance, feel free to reach out anytime. Understanding the reasons for excluding minors is important, and it's good you're considering it. If you need anything else, please let me know!
I'm glad the information is helpful, Enriqueta! If you have more questions or need further guidance, feel free to reach out anytime. Understanding the reasons for excluding minors is important, and it's good you're considering it. If you need anything else, please let me know!
Are there any other documents needed, such as evidence for my case?
Case Rating: *
For your case, you should consider having the following documents:
- Certificate from the barangay for the file action.
- Tax declarations and land surveys.
- Receipts, photos, and testimonies.
- Any legal documents proving inheritance.
These will strengthen your case. If you need more specific details, feel free to ask!
For your case, you should consider having the following documents:
- Certificate from the barangay for the file action.
- Tax declarations and land surveys.
- Receipts, photos, and testimonies.
- Any legal documents proving inheritance.
These will strengthen your case. If you need more specific details, feel free to ask!
That said, said land was purchased by my grandfather late at *`s but sad to say, there was no Deed of Absolute Sale made. Year *, it was registered in to my grandfather's name based on the records of the Provincial and Municipal Assessors` Office. Same as per the record at the DENR. How can I defend regarding DOAS, which we don`t have?
Case Rating: *
Enriqueta, here are some points to consider:
- Utilize the records from the Provincial and Municipal Assessors' Office and DENR showing registration under your grandfather's name as evidence.
- Gather supporting documents like tax declarations and witness testimonies.
- Consult legal aid organizations for additional support.
Would you like more information on legal aid options?
Enriqueta, here are some points to consider:
- Utilize the records from the Provincial and Municipal Assessors' Office and DENR showing registration under your grandfather's name as evidence.
- Gather supporting documents like tax declarations and witness testimonies.
- Consult legal aid organizations for additional support.
Would you like more information on legal aid options?
Again, thank you very much. Can you please give me insights into the courtroom etiquette and processes?
Case Rating: *
Enriqueta, here's a brief guide on courtroom etiquette and processes:
- Dress Code: Wear formal attire to show respect.
- Conduct: Be respectful to the judge and other parties; avoid interrupting.
- Preparation: Bring all necessary documents and evidence.
- Speaking: Address the judge as "Your Honor" and speak clearly.
- Timing: Arrive early to familiarize yourself with the environment.
Do you have any other specific questions about your case or court procedures?
Enriqueta, here's a brief guide on courtroom etiquette and processes:
- Dress Code: Wear formal attire to show respect.
- Conduct: Be respectful to the judge and other parties; avoid interrupting.
- Preparation: Bring all necessary documents and evidence.
- Speaking: Address the judge as "Your Honor" and speak clearly.
- Timing: Arrive early to familiarize yourself with the environment.
Do you have any other specific questions about your case or court procedures?
Do I need to write an affidavit in re-filing the case ? What kind of affidavit is that? To whom was I formally addressed?
Case Rating: *
Enriqueta, when re-filing your case, you might need an affidavit to support your claims. Consider these points:
- Affidavit Type: Provide a sworn statement of facts relevant to your case.
- Formal Address: Address the affidavit to the court handling your case.
- Content: Include detailed evidence and the basis of your claim.
Would you like more information on how to draft an affidavit or court procedures?
Enriqueta, when re-filing your case, you might need an affidavit to support your claims. Consider these points:
- Affidavit Type: Provide a sworn statement of facts relevant to your case.
- Formal Address: Address the affidavit to the court handling your case.
- Content: Include detailed evidence and the basis of your claim.
Would you like more information on how to draft an affidavit or court procedures?
Okay, very clear! I am very much thankful for your guidance and assistance. Can you be my lawyer?
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I'm glad I could help, Enriqueta! Unfortunately, I can't be your lawyer, but I can provide legal information to guide you. If you have more questions or need further assistance, feel free to reach out. Good luck with your case!
I'm glad I could help, Enriqueta! Unfortunately, I can't be your lawyer, but I can provide legal information to guide you. If you have more questions or need further assistance, feel free to reach out. Good luck with your case!
Why?
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Enriqueta, I provide free legal information but I'm not licensed to practice law or represent clients. However, I'm here to guide you with any questions or information you need. If you have more questions, feel free to ask!
Enriqueta, I provide free legal information but I'm not licensed to practice law or represent clients. However, I'm here to guide you with any questions or information you need. If you have more questions, feel free to ask!
Okay, anytime once I start to submit all the necessary documents needed for the case, I will reach you again for your generous service.
Case Rating: *
It sounds like you're making good progress with your case. Remember to gather all necessary documents and evidence thoroughly. If you have more questions or need specific guidance when you're ready to move forward, feel free to reach out!
It sounds like you're making good progress with your case. Remember to gather all necessary documents and evidence thoroughly. If you have more questions or need specific guidance when you're ready to move forward, feel free to reach out!
Yes, actually, I have handled issues regarding land disputes. I have a few insights regarding legal terminology. That`s why my kabarangay came to me to seek help regarding their problem. Coz going to a lawyer broke their pocket. I really appreciate your passion and dedication in helping the poor.
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Hi Enriqueta! It sounds like you're doing your best to assist your kabarangay with their land dispute issue. If you need further guidance or clarification on specific legal terminology or procedures, feel free to ask. Are there any particular aspects of the case you need help with?
Hi Enriqueta! It sounds like you're doing your best to assist your kabarangay with their land dispute issue. If you need further guidance or clarification on specific legal terminology or procedures, feel free to ask. Are there any particular aspects of the case you need help with?
Regarding the documents or docket, which the plaintiff submitted to the counsel. Can she ask for that docket from his lawyer? Is that legal for his lawyer to quit the case without informing his client formally?
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Enriqueta, here's some general information:
- Access to Documents: You have the right to request documents or dockets submitted by your lawyer.
- Lawyer Withdrawal: A lawyer should inform their client formally before quitting a case, typically with a motion to withdraw filed in court.
If you have further questions, feel free to ask!
Enriqueta, here's some general information:
- Access to Documents: You have the right to request documents or dockets submitted by your lawyer.
- Lawyer Withdrawal: A lawyer should inform their client formally before quitting a case, typically with a motion to withdraw filed in court.
If you have further questions, feel free to ask!
I am the one who went to the office of the lawyer last June *,*, asking for the status of the case. And that same day, he told me that he would withdraw the case. How long does the plaintiff wait for that motion of withdrawal? Where can we secure a copy?
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Enriqueta, the timeframe for a motion to withdraw can vary, but generally, once filed, it's up to the court to approve it. You can request a copy from the court handling your case. Have you checked with the court regarding the status of the motion?
Enriqueta, the timeframe for a motion to withdraw can vary, but generally, once filed, it's up to the court to approve it. You can request a copy from the court handling your case. Have you checked with the court regarding the status of the motion?
Okay, not yet? So I think we still have more time to wait and prepare. Unfortunately, he never informed his client that the case was dismissed. I just told the plaintiff's representative to check the status at the MTC court, and she was given a photocopy of the MTC`s decision last June. In fact, the case was dismissed last December *,*.
Case Rating: *
Enriqueta, since the case was dismissed without prejudice, you still have the option to re-file it. Make sure to gather all necessary documents and address any previous issues, such as the inclusion of minors or missing certificates. Would you like more guidance on how to proceed with re-filing the case?
Enriqueta, since the case was dismissed without prejudice, you still have the option to re-file it. Make sure to gather all necessary documents and address any previous issues, such as the inclusion of minors or missing certificates. Would you like more guidance on how to proceed with re-filing the case?
yes more guidance please
Case Rating: *
Enriqueta, here are a few steps to consider for re-filing your case:
- Ensure all necessary documents are complete, including the barangay certificate.
- File a motion to exclude minors, if needed.
- Review the court's specific procedures for re-filing.
- Consider consulting legal aid organizations for additional support.
If you have more questions, feel free to ask!
Enriqueta, here are a few steps to consider for re-filing your case:
- Ensure all necessary documents are complete, including the barangay certificate.
- File a motion to exclude minors, if needed.
- Review the court's specific procedures for re-filing.
- Consider consulting legal aid organizations for additional support.
If you have more questions, feel free to ask!
Okay. One more, this is about eCAR. We submitted all the necessary documents to the BIR, but until now, eCAR is not yet available for us. What would we do?
Case Rating: *
For your eCAR issue, consider these steps:
- Contact the BIR office where you submitted the documents to check the status.
- Ensure all required documents were submitted correctly.
- Follow up regularly with the BIR for updates.
If you have more questions or need further assistance, feel free to ask!
For your eCAR issue, consider these steps:
- Contact the BIR office where you submitted the documents to check the status.
- Ensure all required documents were submitted correctly.
- Follow up regularly with the BIR for updates.
If you have more questions or need further assistance, feel free to ask!
God bless, how can I repay your goodness? Can you give me your name?
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Hi Enriqueta! I'm glad I could assist you. I don't have a name like a lawyer would, but I'm here to help with any legal questions you might have. If you have more questions or need further guidance, feel free to reach out anytime!
Hi Enriqueta! I'm glad I could assist you. I don't have a name like a lawyer would, but I'm here to help with any legal questions you might have. If you have more questions or need further guidance, feel free to reach out anytime!
How about your compensation?
Case Rating: *
Enriqueta, I'm here to provide free legal information, so there's no compensation needed. If you have more questions or need legal guidance, feel free to reach out anytime!
Enriqueta, I'm here to provide free legal information, so there's no compensation needed. If you have more questions or need legal guidance, feel free to reach out anytime!
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