how to file a lawsuit against a philippine lawyer

What to do if you are a victim of a crime in the Philippines?

If you are a victim of crime or felony in the Philippines, it is wise to report the crime or felony with the barangay and police authorities. Thereafter, you must secure a barangay blotter and police blotter or report so that you may use them as evidences. If you sustained injuries, go to a government hospital to have yourself checked out.

What is a good complaint affidavit?

A good criminal lawyer will draft a Complaint-Affidavit which will prove all the elements of the crime or felony. After filing your Complaint-Affidavit, the Office of the City Prosecutor will issue a subpoena against the accused, requiring him to appear on a certain date and time to submit his Counter-Affidavit.

What happens if the judge in the pertinent court finds sufficient grounds for a warrant of arrest?

If the judge in the pertinent court finds sufficient grounds, he shall issue a warrant of arrest. Except for certain crimes punishable by reclusion perpetua, when evidence of guilt is strong, the accused may post bail. Trial will thereafter ensue.

What to do if you have a physical injury?

If you sustained injuries, go to a government hospital to have yourself checked out. The medical report of said hospital will be very useful to prove your physical injuries. In addition, ask someone to take photographs of your injuries as proof. To enable you to properly lodge a criminal complaint, it is of foremost concern ...

Why is the prosecutor's role important in criminal cases?

This is a crucial stage in criminal proceedings because the prosecutor will have to determine whether there is sufficient ground to file an information in court against the perpetrator.

Can a criminal complaint be filed in court?

As such, the criminal complaint will not be filed in court. Your criminal lawyer may file a Motion for Reconsideration with the City Prosecutor. If the Motion is denied, you may seek remedy from the Department of Justice.

Why did the neighbor file a lawsuit against the neighbor?

This situation is common here because neighbors will end up having disputes and one party will exercise the "right" to block someone.

What does it sound like when you say your settlement was fair to all?

It sounds like your settlement was fair to all. You got your right-of-way (with some extra land). He got some money. Everybody is happy. There is no need to fear any retaliation.

Can a Filipino block another Filipino's land?

We have seen several cases where a Filipino blocks access to another Filipino's land, even one case of blocking their family from access. It obviously had nothing to do with a foreigner being involved as there WAS no foreigner involved, just Filipino siblings.

Do judges want to settle disputes outside the court system?

It is very true that the judges here seem to want to get disputes settled outside the court system. Before we filed our lawsuit we made sure we had attempted the lower level process by speaking with the barangay captain, having more than one "leyag" (meeting) with locally appointed mediators. This failed, hence the lawsuit.

Can you block someone in Filipino?

If this had been Filipino against Filipino every Filipino in this country knows that you can’t block someone the only access they have to their land.

Does the court of appeals publish decisions?

As a matter of fact, the court of appeals publishes a huge set of decisions online. Regrettably, the lower courts rulings and details are not always made available. Point is, if you have a legal issue, you can research a lot online.

Can Filipinos afford to file a law suit?

This was nothing more than another example of how corrupt and lazy authorities take advantage of Foreigners. Filipinos can’t afford to file a law suit. If you were just a normal Filipino you would have gone to the barangay Captain and he would have come out and just told the guy to know that **it off that he could not block you out of your land….end of discussion!

What court has exclusive original jurisdiction in an action for recovery of damages?

In an action for the recovery of damages, the court that has jurisdiction depends upon the total amount of the damages claimed. Where the claim for damages is the main cause of action or one of the causes of action, the amount of the claim shall be considered in determining the jurisdiction of the court.

What is liquidated damages?

Liquidated Damages. Under Article 2226 of the Civil Code, liquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof. The parties to a contract are allowed to stipulate on liquidated damages to be paid in case of breach.

How to file a civil lawsuit?

Draft the summons to let the other party know that you’re suing them, then write a complaint that describes what you’re suing them for. Send both documents to the defendant to start the lawsuit. For tips on how to hire a lawyer for your lawsuit from out Civil Litigator co-author, continue reading below!

How to win a lawsuit?

Your case may need someone who has specialized legal training who can guide you and your case through a trial and towards a winning verdict. While an attorney can’t promise that you will win your case, they can significantly increase the odds of a successful outcome than if you brought the case yourself .

What is a summons to a court?

A summons is written notice to the party being sued and the court stating that the complaint has been filed and therefore the lawsuit has commenced. [15]

What is venue in a lawsuit?

Find the right venue. Venue refers to the county or judicial district within a state where the lawsuit must be filed. Sometimes, multiple courts meet the venue requirements for a case. These requirements are:

What is a lawsuit?

A lawsuit is a way to compel someone who has harmed you, in violation of the law, to compensate you monetarily for damages you have suffered. Lawsuits are expensive, so you should only file one if you have a legitimate dispute that can’t be solved another way.

What is the discovery phase of a lawsuit?

Participate in the discovery process. Once a lawsuit is filed, the case enters the “discovery” phase. During this pre-trial phase of the case, parties seek facts from each other and non-parties who have information about the case.

How old do you have to be to sue?

Make sure you have legal capacity to sue. Legal capacity is defined by each state. Generally, in order to file a lawsuit, a person must be over 18 years of age and in good mental health. If you are under 18, you will need a guardian to participate in the lawsuit.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

What is breach of duty in a lawyer?

Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

How many times do you have to attend a hearing in a barangay?

Attend the hearing when barangay official tries to help sides to reach agreement. If the person doesn’t come - they will try to invite him/her three times. If you fail to reach agreement - they will give you a latter along with transcript notes that you can use to file a court case.

What is monetary debt in the Philippines?

In the Philippines, every local knows that monetary debt is something that is exclusive between two party, the lender and the borrower.

What happens if you fail to reach agreement?

If you fail to reach agreement - they will give you a latter along with transcript notes that you can use to file a court case.

What does "walang nakulong dahil utang" mean?

There is this quote, “walang nakulong dahil utang” (there's no one jailed because of debt).

Can you sue someone for anything?

You actually can sue anyone for anything. The question you probably mean was: “Can I sue someone . . . and have a reasonable chance of winning?”

Can you sue someone if they have a verbal agreement?

If you had a verbal agreement, you can sue, but would have a lower chance of winning.

Do credit card companies take their debts to court?

It should be instructive to you that the banks and credit card companies use collection agencies, and don’t take their debtors to court.