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GODzilla

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Posts posted by GODzilla

  1. hi

    i have a bit of a problem kasi 2 months n ako resigned from a callcenter company pero i noticed n sumusweldo p me

    ung una 4 k then 6 k then 9 k latest is 11k gusto ko lang malaman if the company can try to get it back or baka kasuhan ako i mean wala naman me ginawa na illegal during my stay there

     

    i pressume you received your salary through the atm. if the money you received is not a part of your bonus or other benefits due to you, then you have a moral and legal obligation to return the same since you received the money by accident or mistake. This falls under the category of "unjust enrichment". The moment they discover their mistake, they will send you a demand letter and if you fail to return the money, they could file a case aganist you to recover the money wrongfully given to you.

  2. Sirs, Question lang po...

     

    A friend of mine is troubled. She loaned money from ChinaTrust, duration is 24 months. I think the total loaned money is around 36k. She was able to pay for the first installment, now a situation happened that led her to miss about 4 months up to now. Let's just say, she just gave birth last Nov and had not been reporting for work until Feb.

     

    The problem is, she received a text message from someone claiming that she was from the bank and asking to settle a specified amount or they will be forced to forward her account to a law firm or their lawyer for legal actions. I advised her to call the number and ask if she could make payment arrangement to pay for the overdue installments by Feb since that's the time she will be reporting back to work. They declined the arrangement and is asking her to pay about only 5k before 25 this month, even after explaining the situation.

     

    My question is, if it would result to legal proceedings what's the worse that could happen? Take note that my friend did not intentionally/maliciously opted not to pay her debt, its just because of the current situation that she is unable to do so. Does this constitute to imprisonment, since I believe that this would be against the constitution.

     

    Thank You.

     

    If the debt is left unpaid, it will accumulate so much interest making it harder for your friend to pay. if that is the case, a civil case for sum of money with damages may be filed against her. Afterwards, the decision will be executed and her personal or real property/ies may be levied. if there are no properties, her salary will be garnished. Worst case scenario? Well, she could lose her job, her properties and/or become blacklisted with other banks, preventing her from taking a loan in the future.

  3. what could be more fair than a 50-50 split? also respect is not given, it is usually earned and in boxing for you to gain respect, you must prove that you are fighting the very best. could we say that pacman fought the very best last year? maybe marquez but diaz and Dela Hoya? Not to take anything away from manny but in the last two fights, its his opponents who did not rise to the challenge. Again, its the people around manny who are filling his head with thoughts of greatness. they should have taken into consideration that there is a recession and pay-per view buys are not what like its use to be. In fact, most of the fights scheduled this year are all shown free by HBO.

     

    l really do feel though that this fight was made to soon. Manny just came from the most lucrative fight in his career and he was adjuged the pound for pound king and to be fair, he is really the best draw out there at the moment. Medyo burned out na rin siguro at gusto na muna magpahinga from boxing dahil sawa na magtraining ni pacman. So if its his decision to take a rest a finish college, then good for him. Anyway he's rich already and has nothing more to prove.

  4. Team pacquiao is now putting the blame on pacquiao himself after the latter refused to sign the proposed deal. this after his so-called advisers were repeatedly telling him that he deserved a bigger purse. tsk, tsk, tsk...sayang naman yung $10-$15M he was supposed to receive. i guess a few mediocre fights and maybe a loss will give pacman and his team proper perspective...

  5. I think the hatton and pacman fight will push through. eventually, when pacman and his people will not get what they want and later realized how much they will end up losing, e papayag na rin sa 50-50. This also happened in the DelaHoya fight where a compromise was reached almost identical to the offer by ODLH. Ang masakit e lalabas na namang gahaman si pacquaio dahil sa nangyari.

  6. Masayado atang maaga kung mag-reretire agad si pacman after 2 fights. ang tendency kasi after several years, the urge to return to boxing will be too tempting to resist lalo pa kung hindi rin naman magiging succesful si pacman sa pulitika. by that time e hindi na siya ganun kagaling at doon na siya malamang masaktan o mabugbog. marami pa naman siyang puwedeng makalaban after hatton at mayweather, gaya ni marquez at valero. wag lang si margarito kasi he's too big saka mukhang kayang kaya mga suntok ni pacman. Anyway, sa tingin ko hanggang 2010 kaya pa rin lumaban at manalo ni pacman.

  7. titgil sa kayabangan si pacman once na laos na sya at mahina na sya na mag mamakaawa kahit 20% lang sa kanya

     

    Hindi naman siguro kayabangan yung humingi ka ng pera na commensurate sa abilities mo, di ba? like in asking for a raise, how would you feel if your boss told you, "gusto mong mas mataas na suweldo? ang yabang mo naman!" As ive said, what i found distasteful is the fact that pacquiao's handlers are making public there demands. Nagiging impression tuloy na napaka-suwapang na ni pacquiao. Ang mga ganyang negosasyon kasi dapat private lang at iaannounce na lang pag nagkasundo na sila.

    Wag din sana natin ipagdasal na matalo o malaos agad si pacquaio. Remember we waited for decades before we had a real stand-out boxer who is recognized both here and abroad. Hindi natin alam kung kelan tayo ulit magkakaroon ng ganyang boxer. Sana maalis na yung crab mentality sa atin.

  8. Sir,

     

    What will the court annul if there is no marriage certificate/contract?

     

    My two cents....if no marriage contract ...no marriage... nothing to annul...you can easily get from NSO a "Certificate of No Marriage"...

     

    But if no marriage license....there is a marriage...but can be nullified...

     

    Again...I think lang....

     

    Cheers....hope this helps..

     

    The marriage itself will be annulled and not the documents proving the marriage. you seem to be confused because you equate marriage with the marriage contract. remember, the fact of marriage can still be proven by other documents such as the birth certificate of their child. In fact, the problem stated that the marriage was not registered with the NSO, it did not state the there was no marriage contract. Furthermore, it is possible that the copy of the contract was not yet transmitted to the NSO, hence, there was no record yet. The fact remains that he knows that he was already married, so if later on he will remarry and then be charged with bigamy, his defense that the NSO has no copy of his first marriage will not hold in court.

     

    Next time, please be careful in giving your opinion because their lives and freedom are at stake here.

  9. Manny being the hero. Well do not get me wrong Im proud of every filipino who makes it big out there, and we should be proud of manny. But I am not going to support the move to declare a national holiday yung pag uwi nya. I will not wait under the scorching heat of the sun para lang makawayan siya. And sorry to say this folks I do not believe he can represent all of us filipinos out there. That is a major fallacy.

     

    Ang hirap kasi, komo magaling si Pacquiao automatic lahat ng pinoy kahit pa tambay o pusakal magaling na din. World class na din. Pag panalo si Pacquiao magaling si Pacquiao, icongratualte siya dapat ng buong mundo at ipagmalaki dapat siya ng bansa niya. Ang kaso pag panalo si Pacquaio parang gusto natin obligahin buong mundo na icongratulate tayo.

     

    Hindi lahat ng pilipino ay manny pacquiao, kundi ba why would we end up being where we are? What we are simply doing is that as a nation we are already riding on his coat tail. Did the italian-americans think they were the best because of rocky marciano? Did the mexicans think they were the best because of Julio Cesar Chavez? or the british because of Lennox Lewis? Hirap kasi sa atin kapag me pilipino na maututan ni Tom Cruise sa red carpet, automatic nasa front page na kaagad at lahat tayo maghuhumiyaw na angat ang pinoy sa buong mundo

     

    But please don't take what I said the wrong way. Dapat natin tularan yung pagpupursigi ng tao para marating kung nasan man siya. He indeed is an inspiration. The exception but not the rule. Dapat kung ipagmamalaki mo na Pilipino ka, di mo dapat yan iniaasa sa achievement ng ibang tao. Dapat iasa mo din yan sa sarili mong achievement and potentials. Bakit mo kailangan abangan ang laban ni Manny Pacquiao para lang ipagmalaki mo na Pilipino ka?

     

     

    Whooah! Teka lang brod, medyo na over-analayze mo ata yung pinost ko ah. Hindi ko naman sinabi na DAPAT ituring na bayani si Pacman, ang sabi ko para sa akin, bayani siya dahil napapag-isa niya tayong mga pinoy sa tuwing mananalo siya kahit gaano pa kabigat problema ng bansa natin. Secondly, wala rin naman ako sinasabing nagiging proud akong maging pinoy sa tuwing mananalo siya. Sinabi ko lang na siya ang pinaka kilalang pinoy sa buong mundo ngayon. Lets face it, medyo negative ang dating ng mga pinoy ngayon sa ibang bansa, pero mas gugustuhin ko pang maasociate ang mga pinoy kay pacquaio na isang masipag na taong may takot sa diyos, kesa naman mabansagan tayong mga corrupt dahil sa mga euro generals o mga pulitiko natin. Kaya naman tayo nagkakaroon ng ganitong diskusyunan ay para maprotektahan ang nag-iisang positibong imahe ng ating bansa.

  10. Wow! masyado atang animated discussion dito ah. sana mabasa din ni pacman to, baka mabigyan tayo balato, hehehe. seriously, if a person can inspire and unite a whole nation, can prevent crime even for one day or make us proud to be filipinos, then he's a hero in my book. Lets face it, Pacman is not perfect, in fact even our heroes have their own faults. what we are saying is that what pacman has achieved is beyond compare and he continues to give us recognition to this day. I guess we are just being overprotective because as of now, he is the face of Filipinos everywhere and any negative impression on him will unfortunately be associated with us.

  11. Oo nga eh, mukhang may sariling mundo itong si gacal, puro palpak advice kay manny. pati ata yung pagtakbo sa elections, siya rin may pakana. anyway, i heard si valero sa top rank na rin, kung sakaling di matuloy kay hatton, silang dalawa ni valero maganda maglaban, bugbugang umaatikabo. kaya lang baka hanggang round one lang, hehehe!

  12. I think making public the demands of pacquiao, by his own people no less, particularly his asking for a bigger share is turning a lot of people off. First of all, he is the challenger and hatton is the champion at 140 lbs. Secondly, the pound for pound title is a fictional one, and was just introduced by some writers because there are several champions in boxing. In fact, for some experts, pacquiao is not even the pound for pound king. Dont get me wrong, i am an avid pacman fan but he should really ignore the advice of his advisers on this one. Remember, these were the same advisers who told him to sign with Golden Boy Prom. and later backed out from the deal. Pacman is fast becoming notorious for being money hungryand someone who has no palabra de honor. I hate to see pacquiao leave this kind of legacy.

     

    I guess there is truth to what Calzaghe said that boxing is dying because fighters now a days are fighting for money and not for honor and respect. Just my two cents....

  13. scenario:

     

    a friend of mine recently just found out that his marriage was not registered. He and his wife are now separated for about 5 years with the kid staying on the mother.

     

    Question:

     

    do they still need to file for an annulment?

     

    As a rule, the registration of the fact of marriage is NOT one of the requirements for its validity. In other words, if all the elements are present, (i.e. consent freely given, parties are of legal ages, marriage ceremony performed by a duly authorized person and a valid marriage license), then the marriage is perfectly legal. So the answer to your question is YES; you have to have it annulled first if you intend to marry again. Furthermore, the fact of marriage can still be proved in the absence of a marriage certificate from the birth certificate of the child and other existing documents.

  14. ask ko lang sana kung paano proseso at magkano aabutin pagpafile at process ng annulment..maraming salamat po...

     

    first step is to consult a lawyer who will then file a petition/complaint for annulment or declaration of nullity, as the case may be. As stated in the previous posts, the fees for annulment varies depending on the circumstances of the cases and the grounds to be used. It may range from P50,000 to 250,000. excluding filing fees and appearance fees.

  15. 1) Ang tanong ko lang ay gusto ko kasing kuhanan ng passport ang anak ko para maisama ko kapag may trip ako abroad ano ba ang mga steps? 2) And ano bang case ang pwede kong ifile sa xwife ko for abandoning her daughter kasi never na nagparamdam hindi ko din alam kung may kinakasama na rin which is out of my jurisdiction na din yun, 3) pwede bang maging ground for annulement or legal separation un? 4) How much magagastos ko dun for filling?

     

    Second thing, 5) if bigla nya bang kunin ang daughter ko pwede ko ba syang kasuhan if ayaw sumama ng bata sa kanya? may daughter is 7 y/o na nga pla.

     

    TIA

     

    Okay, my answers, which I numbered accordingly, are based on the facts you have presented.

    1) Before you can take your child outside the country, you must secure the consent of your wife, OR a court decision appointing you as her sole guardian;

    2) you can ask your wife for support if she is gainfully employed HOWEVER, you must think this over because she may use this as a ground to gain custody of your child;

    3) Yes, these could be grounds for annulment/legal separation, but best to consult a lawyer who knows ALL the facts;

    4) Between P50,000 to P200,000, depending on the ground used;

    5) Technically yes, but bear in mind that she is the mother and for you to have a peace of mind, it is best for the Courts to decide who among you is well-suited to take custody.

     

    Hope this helps. Consult a lawyer nearest you ASAP.

  16. Mga Sirs, I need legal advise regarding an incident that happend to me on Nov 14,2008. Kasi po habang nagpapalit po ako ng gulong sa emergency bay ng Katipunan eh nabundol ako ng delivery motorcycle ng isang sikat ng pizza restaurant, sinagot naman po ng resto yung hospitalization, medication and rehabilitation po ng paa ko. Kaya lang po sa dahil sa lakas ng tama po sa akin eh nalamog ng husto ang legs ko kaya d ako makapasok ng opisina, ang tanong ko po eh liable po ba ang resto na bayaran ang sweldo ko? at ano pa po ang dapat nilang sagutin? 2 months na po but until now di po ako nakakakuha ng feed back sa management ng resto, pero tuloy p rin po ang bayad nila sa rehabilitation ko. Salamat po in advance.

     

    Yes you can. damages can be a lot of different things and your unrealized income as a result of the accident is one of them. If this case goes to trial, you can even ask for moral damages. What you should do first is to talk to a lawyer and pay him to make you a good demand letter. the pizza company would probably settle as this would be bad for their image should this go to court.

  17. got the latest update from DTI regarding sa case ko. they said that the schedule for my hearing will be on February 2009 pa. They are fully booked as of the moment and so many filed cases are waiting in line also.....is it ok? is it a valid reason? is such case as "fully booked" really happens on DTI? anyways, I also called up PAO in Las Pinas, they didn't accomodate me as well. They said that small claim cases are beyond or not included with their "extension"...again, is it true? ganun ba talaga ang patakaran sa PAO? Pardon me for asking a lot of questions. it's just that I barely know a lot of legal procedures. Again, thank you for your answers.

     

    Yes there is such a thing as "fully booked" in the hearing of cases, be it civil, criminal or administrative ones. If the calendar is already full, it could no longer accommodate cases anymore, hence, "fully booked". Furthermore, January is usually an inventory month and there are no cases scheduled for said month, thus, your hearing on February 9 is probably the earliest they have.

     

    Regarding your query about PAO, please be reminded that the services of PAO is not for everyone. it caters only to the poorest of the poor or what is referred to as "indigents". Who are indigents, you ask? well persons and their families who have a gross monthly income of less than P14,000 in cities are considered as an indigent. Furthermore, the priority of PAO lawyers are criminal cases assigned to them, so dont expect them to prioritize your case if they have conflicting schedules. Hope this helps.

  18. Question lang po, is it possible na makulong ka kung d ka na nakakapag bayad ng Credit Cards mo? totoo bang pwede kang ma file sa case na Estafa dahil dun and me right cla na i claim ang properties mo at i arrest ka?

     

    Non-payment of credit cards is only a civil case and you cannot be imprisoned for non-payment of debts. HOWEVER, once a decision is rendered against you in a civil case, your properties, salary and even bank deposits may be levied upon or garnished. Thus, the moral of the story is PAY UP YOUR DEBTS!

  19. wow! one week later and still the talk of the town. im amazed how people still cant accept the fact that manny won. Crab Mentality is still very much alive in the Philippines. I suggest you watch the fight again so you could just see how good manny is and how helpless DLH was. Surely, you cant blame him for his success because he worked hard for it and he risks his life in every fight. Its really sad that its only here in the Phils. where there is talk of any foulplay to think na wala namang pumusta dito sa las vegas. Haay, such is life!

     

    Anyway, the next fight is definitely against Hatton and then followed by Money Mayweather. These are the most marketable opponents for him although personally i want to see him fight Valero because it is sure to end in a knockout.

  20. 1. BP22 is a special law penalizing the issuance of a worthless check; req: a)demand letter with proof of service, B) proof that check is unfunded, c) complaint affidavit;

    2. Yes, BP will still prosper if the check paid to you is payable to cash;

    3. The court can impose a fine equal to the amount of the check and/or imprisonment of not more than one year, per check;

    4 and 5. Yes it depends on the discretion of the judge. It also depends on the evidence submitted whether imprisonment or only fine will be meted.

     

    Reminder: BP 22 cases are probationabale; demand letter and proof of service is indispensible; covered by summary procedures

     

    Disclaimer: This is simply a guide and certain courts/judges may have their own approach in dealing with BP 22 cases.

     

    Add ko lang. Aside from the fine which is to compensate for his criminal liability, you will also be awarded the amount of the check as his civil liability. hence 200% of the amount of the check.

  21. 1. BP22 is a special law penalizing the issuance of a worthless check; req: a)demand letter with proof of service, B) proof that check is unfunded, c) complaint affidavit;

    2. Yes, BP will still prosper if the check paid to you is payable to cash;

    3. The court can impose a fine equal to the amount of the check and/or imprisonment of not more than one year, per check;

    4 and 5. Yes it depends on the discretion of the judge. It also depends on the evidence submitted whether imprisonment or only fine will be meted.

     

    Reminder: BP 22 cases are probationabale; demand letter and proof of service is indispensible; covered by summary procedures

     

    Disclaimer: This is simply a guide and certain courts/judges may have their own approach in dealing with BP 22 cases.

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