Saturday, December 31, 2011

Fruit of Poisonous Tree

The Fruit of the Poisonous Tree doctrine :
A rule in criminal law that makes evidence that was derived from an illegal search, arrest or interrogation inadmissible.

Similarly,if a collector calls you and pretends to be "Atty. Legal Ek-ek",
What he will say are therefore all FALSE.
gets mo?

Saturday, December 24, 2011

2011 Christmas Message

As the world celebrates the birth of Christ,
let us remember that he was born, not in a rich
mansion, but in a lowly manger.
and Joseph and Mary did not have any credit cards!



It is quite flattering to know that somebody is using
the articles here and publishes them REGULARLY,IN TOTO,
in his own blog.
....without attributing the source.

You may copy articles here to help us disseminate information
for the benefits of victims of CC collectors.
We appreciate it.
Thank You.
You can even earn from it. You need it.
But common courtesy (and conscience) dictates:
"You should not pretend to have written these articles!"

But I leave it all up to you and your God(if any).

Saturday, December 10, 2011

Trespass To Dwelling

Nobody can enter your home without :

a) Your specific consent
Any private person who shall enter the dwelling of another against the latter’s will.
(Revised Penal Code Qualified Trespass To Dwelling Art. 280)

b) Court Order
A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.

Probable cause in the issuance of a search warrant
Facts and circumstances that would lead a reasonable discreet and prudent man to believe that there has been a crime committed and the things and objects connected to the crime committed are in the place to be searched.

3. Anyone who shall enter cafes, taverns, inns and other public houses, while they are open. (Art. 280, 3rd par.)

collectors cannot simply enter your premises for "ocular inspection"
or sheriff to " get your things".

Any person who, with intent to gain, shall take any personal property belonging to another:
a.) Robbery:
by means of violence or intimidation of any person, or using force upon anything
( Art. 293)
b) Theft
without violence against or intimidation of persons nor force upon things but without the latter's consent.( Art.308)

Friday, December 2, 2011

Meet Mr. Collector

He is an employee of a Collection Agency.
Which in turns likes to impress us like :
"Real Mon De Low Office"

He earns on a "No Collect ; No Commission" basis.
No commission means nothing to eat,or barkada nights.
And gets fired out eventually.

He thus forces defaulter to pay thru harassment,lies, blackmails.

Siya yung tatawag sa iyo at hinde mag-bibigay ng tunay niyang pangalan.
(eh,kung mahuli ako, sabi niya!)
He will pretend to be from the bank's "pre-legal department"
(meron ba noon? WALA!)
as Atty. Mando Rugas
(naku ha lawyer mismo ang tatawag sa iyo? VIP ka 'day!)
or even Major Problemo of the PNP CIDG
(hinde ba Chief Inspector ang tawag doon?)

with a Warrant of Arrest
(thanks for informing me in advance. Tatago na ako)
or conduct a legal visit
(tell your friends to make "legal" visits din ha? Wag yung "illegal" visits)
or asks for barangay protection.
(oo nga naman. what if sinapak mo siya dahil nahuli mo na niloloko ka)

He uses pro-forma reminders and collection letters like:
File a case.
Does your company collector files a case?
Sound stupid?
Yes, it is!

How to deal with him?
...Go on, don't be afraid
Dare his bluff.
"Let's settle everything in court!"
Watch his reactions - ayaw niya.
Alam mo na kung bakit.

Now you know him better.

Thursday, December 1, 2011