Business name Philippines

Question: Would I be legally allowed to name a business after a fictional company on a TV show and actually sell whatever fictional products they "sold"?

Answer:

The practice of naming a real-world business after a fictional company in a TV show and selling similar fictional products can raise several complex legal issues in the Philippines, primarily concerning intellectual property rights.

Copyright Law

The fictional company name and the products they sell could be copyrighted elements, particularly if they are creative or unique. Copyright infringement occurs when someone uses copyrighted material without permission. If the TV show's creators or production company hold copyrights to these elements, you could be at risk of a lawsuit.

Trademark Law

If the fictional company's name or logo has been trademarked, then using it for your business could lead to a claim of trademark infringement. Trademark rights in the Philippines are established either through registration with the Intellectual Property Office of the Philippines (IPOPHL) or through actual use that makes the mark distinctive.

Unfair Competition

Even without trademark registration, the creators might argue that your business activities constitute unfair competition, especially if consumers could be led to believe that your products are officially associated with the TV show.

Parody and Fair Use

While Philippine law provides for "fair use" provisions under Section 185 of the Intellectual Property Code, relying on a "parody" or "fair use" defense can be risky and will depend on several factors, such as the purpose and character of your use.

Seek Permission

To avoid legal risks, it's advisable to seek explicit permission from the copyright or trademark owner. Licenses or agreements can be drafted to legalize your usage of their intellectual property.

Legal Consultation

Given the complexities of intellectual property law, consulting a lawyer specialized in this field is crucial before starting your business. They can guide you on how to proceed without infringing on the intellectual property rights of others.

Conclusion

While the idea may seem creative, naming your business after a fictional company from a TV show and selling similar products can expose you to legal risks such as copyright and trademark infringement. It's crucial to seek professional legal advice to navigate these challenges.

Breaches the contract Philippines

Question: My live-in partner breaches the contract of agreement between us regarding our properties. What are my legal recourse?

Answer:

Dealing with property disputes between live-in partners can be complex due to the absence of marriage, but Philippine law does offer some avenues for recourse, especially if there is a written agreement.

Contractual Obligations

Firstly, if you have a written agreement or contract concerning your shared properties, this document will typically be the primary basis for any legal action. A breach of this contract could warrant a civil case for specific performance, damages, or both.

Notarization and Witnesses

Ensure that your contract was notarized or at least signed with witnesses. This adds an extra layer of legality and makes it easier to enforce.

Legal Counsel

It's advisable to consult with a lawyer to review the contract and recommend the best course of action, which could include sending a demand letter to your live-in partner as an initial step.

Cohabitation Property Regime

If the property was acquired during the period of cohabitation and is under both your names, you may cite Article 147 or 148 of the Family Code, which covers property regimes of unions without marriage. However, application of these provisions often necessitates a thorough investigation into how the property was acquired, and you may have to prove your direct contribution.

Restraining Order or Injunction

If the breach of the agreement has led to immediate harm or the risk thereof—such as selling off a shared asset without your consent—you might also be able to secure a restraining order or injunction to prevent further adverse actions.

Mediation

Another option is to go for mediation to settle the issue amicably. Some contracts have a "dispute resolution" clause that may require you to go through mediation before taking any court action.

Criminal Charges

In extreme cases where the breach involves fraud or deception, criminal charges may also be filed based on the Revised Penal Code, although this is usually a last resort and requires substantial proof.

Conclusion

Legal recourse is available if your live-in partner breaches an agreement related to shared properties. It's crucial to have a legally sound contract and to consult with a lawyer to explore your options and navigate the legal complexities involved.

Annulment on psychological incapacity - Philippines

Question: My husband filed an annulment on the grounds of psychological incapacity. How can I oppose it in the context of Philippine law?

Answer:

If your husband has filed for annulment based on psychological incapacity, and you wish to oppose it, there are various legal strategies and procedures you can consider under Philippine law.

Legal Representation

The first step is to consult with a competent family lawyer who is experienced in annulment cases. Legal representation is crucial to effectively oppose the petition.

Answer to the Petition

You will receive a summons that provides details of the annulment petition. You have 15 days to file your "Answer," which is your formal written response to the allegations. In the Answer, you can counter-argue the claim of psychological incapacity.

Presenting Evidence

During trial, you can present evidence to disprove the claim of psychological incapacity. This can include testimonies from psychologists or psychiatrists, documentary evidence, or even character references.

Cross-Examination

Your lawyer will have the opportunity to cross-examine the petitioner’s witnesses, including the psychological experts who may have testified about your supposed incapacity.

Affirmative Defenses

You can raise affirmative defenses such as prescription, where you argue that the action for annulment was filed beyond the allowable period, or that the claim does not meet the jurisprudential guidelines for psychological incapacity.

Emotional and Psychological Evaluation

You can submit to a psychological evaluation to generate expert testimony that could counter your spouse’s claims. Make sure to choose a credible psychological expert who specializes in family or forensic psychology.

Legal Separation or Voidable Marriages

As a last resort, you can also counter the annulment by filing for a legal separation or arguing that the marriage is voidable for other reasons. However, these strategies can have significant implications on property and custodial arrangements.

Conclusion

Opposing an annulment filed on the grounds of psychological incapacity is a complex process that involves several legal maneuvers. It is strongly advised that you consult a competent family lawyer to navigate the intricacies of Philippine family law.

Collectors of online lending apps - Philippines

Question: How can I stop harassment, intimidation, and humiliation from agents and third-party collectors from online lending loans in the Philippines?

Answer:

Dealing with harassment and intimidation from loan collectors can be a stressful experience. Fortunately, there are legal avenues available for you to address this issue under Philippine law.

Republic Act No. 8484

Also known as the "Access Devices Regulation Act of 1998," this law criminalizes unauthorized collections and harassment techniques used by loan collectors. Violation of this act can lead to imprisonment and/or fines.

Fair Debt Collection Practices

Online lending companies and their agents are supposed to abide by fair debt collection practices. They are not allowed to use threats, intimidation, or public shaming to force you to pay the debt.

Cease and Desist Letter

You can send a cease and desist letter to the lending company and its agents, stating your intent to take legal action if the harassment doesn't stop. Keep records of any correspondences for evidence.

File a Complaint with Regulatory Agencies

You can report harassment to the Securities and Exchange Commission (SEC) or the National Privacy Commission, as unauthorized collection practices often involve privacy violations.

File a Legal Case

If all else fails, you can file a case against the company for harassment, violation of privacy, or other related crimes. A well-documented case can include text messages, call records, and witness statements.

Consult a Lawyer

Given the complexity of legal procedures and the emotional toll of the situation, it is advisable to consult a lawyer for personalized advice tailored to your circumstances.

Conclusion

You don't have to tolerate harassment or intimidation from online lending companies or third-party agents. Utilize the legal remedies available to you under Philippine law to safeguard your rights and dignity.

Homicide Philippines

Question: What are the possible counter-affidavits one can file in a homicide case in the Philippines?

Answer:

In the Philippine legal system, if you are accused of homicide, you will usually have the opportunity to submit a counter-affidavit as your formal written response to the allegations. It's essential to consult a legal expert in crafting this document, but here are some possible defenses you might consider:

Self-Defense

1. Unlawful Aggression: The victim initiated the attack.
2. Reasonable Means: The means used to prevent or repel the attack was reasonable.
3. Lack of Provocation: You didn't provoke the victim into attacking you.

Accident Without Fault or Intent of Causing It

If the killing was accidental and you had no intent to cause harm, this can be a defense. Evidence, like witness statements or surveillance footage, can be helpful here.

Alibi

An alibi isn't just saying you weren't there; you have to prove you were somewhere else when the crime happened and could not have been at the scene.

Mistaken Identity

You may assert that you are not the person who committed the alleged homicide. This may require witness testimonies, alibi, or other evidence like DNA or fingerprint results.

Insanity

In very rare cases, a defendant might plead insanity, which would require extensive psychiatric evaluation and expert testimony.

Justifying Circumstances

In some cases, circumstances like fulfilling a duty or protecting oneself from danger can justify the act.

Consent of the Victim

This is generally not a strong defense for homicide but can be included if there's substantial proof that the victim gave explicit consent to the act that led to their death.

Violation of Due Process

If your rights were violated during the arrest or investigation, any evidence collected might be deemed inadmissible, which can weaken the prosecution's case.

Conclusion

The counter-affidavit is a critical piece of legal documentation in a homicide case. Due to the complex nature of such cases and the severe penalties involved, it is strongly recommended to consult with a legal expert to craft a counter-affidavit that accurately and effectively represents your defense.