linux_distro

This is one instance you should not ignore the demand letter as it looks like the association is preparing to file a collection suit. May I suggest you write the association a letter explaining your position why you are not paying the penalty, and that you are tendering the full amount for the association dues. You deliver the letter together with the amount; have the letter properly received and the amount receipted. The receipt may indicate that the amount you paid refers only to the dues and that excludes the penalties. You can ask HLURB at 9273061 for additional advice, also ask HLURB if the association has lost its right to collect the dues after certain number of years - prescription.

Good luck.

My mom received a registered mail yesterday from the homeowners association of a certain village. We were shocked when the letter states that my mom owes them 100k+ for the association dues. That includes 60k+ penalty that was imposed, since the letter states that she did not pay the dues since 1980.

 

My mom said that she will pay the association dues right away but for the penalty, she wanted they must waive it for the following reason:

 

She does not go to that place for a long time already so she wasen't aware of the rules the association makes. Since she is a member, she should be sent mails about new or changes made about the policies of the association. First of all she must be notified upon the first year when she did'nt pay the dues. She was not notified or mailed about the fees since 1980. They only informed her now when the dues had piled up. Thats why the penalty is more than the association dues.

 

To all lawyers here or people who have encountered this, what advise can you make regarding this dilemma? Thank you in advance.

i have a question for the experts. Pls do try to shed some light into it.

A certain bank is asking us to settle the remaining charges and interest occured over two years.

They threatened to freeze our assets thru other banks and take away the house that we owned along with the car.

 

Now the funny thing was this so called "charges and interest rates" were based on our annual fees. We called up their representative and had them terminate the card before the due date of expiry. They claimed that nobody from their company received our calls.

 

We still have the names (in fact three of their reps) who spoked to us and said it will be terminated when upon expiry of the card.

 

What really irks me was that EVERYTHING we bought was paid for and on time.

Now they are asking 13,000 for the card that was never used nor seen? Annual fees and interest of that started 2 years ago.

 

So mga bosses di ba dehado naman tayo masyado!!!

Hoping you guys can give some advice.

Thanx

You can write to Bangko Sentral through Chairman Amando M. Tetangco, Jr., Governor and Chairman of the Monetary Board, Bangko Sentral ng Pilipinas, A. Mabini St. cor. P. Ocampo St., Malate Manila, Philippines 1004, Tel. No. : (632) 524.70.11, Fax No. : (632) 523.62.10.

I once complained against my bank for issuing me a credit card and charging me fees for it without my consent, BSP wrote the Bank, and the Bank apologized profusely and cancelled the unauthorized charges.

Good luck.

not woth it, i am pursuing a case for bounced checks since 2003 and up to now we haven't reached pre-trial. tiyagain mo na lang kulektahin. tama ang sabi nila wala talagang justice dito sa atin....puro just-tiis lang

True. It's quite frustrating. Thr Courts apparently realized that they have unwittingly become collecting agents in bouncing checks laws and to counter that perception they have consciously render bouncing checks law less effective. This may explain why Courts impose more fines instead of imprisonment, and even if imprisonment is imposed accused can apply for probation. Also, the poor complainant has to pay filing fees.

Kaya, one might be better off filing a civil case, pray for preliminary attachment, and ask for consequential damages otherwise difficult to recover from a criminal case. Moreover, in a civil case, one does not need the presence of fiscal for the hearing to proceed.

Siguro, if you can craft a situation where a bouncing check will qualify as estafa under PD 818, then maybe you can exert a lot of pressure on the accused who is detained without bail while the case is pending. Check the Bail Bond Guide http://www.doj.gov.ph/bail_d2e1.html, which provides that ESTAFA (Art. 315, Par. 2(d) as amended by PD 818) If the amount of fraud is P32,000.00 or over the penalty is Reclusion perpetua and No Bail is allowed. Check the law here http://www.chanrobles.com/presidentialdecr...ecreeno818.html

Is there a provision in Philippines law to file for personal bankruptcy?

Act No. 1956

it is sited in

http://ca.supremecourt.gov.ph/cardis/CV71418.pdf

http://ca.supremecourt.gov.ph/cardis/CV69384.pdf

Ask ko lang po.. Ano po ba ung AGABON doctrine? sa agabon vs. nlrc. And paano ito marelate sa serrano vs. NLRC. ?? Thank yu po!

Best Regards

"The Serrano ruling awarded full backwages and separation pay to the employee who was dismissed for just cause but without the observance of the procedural due process requirement. However, in Agabon v. NLRC, this Court modified the Serrano ruling and awarded nominal damages in the amount of thirty thousand pesos (P30,000.00) including holiday pay, service incentive leave and thirteenth month pay to the petitioners in the said case. This case clarified the criticisms and answered the questions created by the Serrano ruling.

The Agabon doctrine enunciates the rule that if the dismissal is for just cause but statutory due process was not observed, the dismissal should be upheld. While the procedural infirmity cannot be cured, it should not invalidate the dismissal. However, the employer should be held liable for non-compliance with the procedural requirements of due process.

Where the dismissal is for just cause, as in the instant case, the lack of statutory due process should not nullify the dismissal, or render it illegal, or ineffectual. However, the employer should indemnify the employee for the violation of his statutory rights. The indemnity to be imposed should be stiffer to discourage the abhorrent practice of “dismiss now, pay later,” which we sought to deter in the Serrano ruling. The sanction should be in the nature of indemnification or penalty and should depend on the facts of each case, taking into special consideration the gravity of the due process violation of the employer.

The violation of the petitioners’ right to statutory due process by the private respondent warrants the payment of indemnity in the form of nominal damages. The amount of such damages is addressed to the sound discretion of the court, taking into account the relevant circumstances. Considering the prevailing circumstances in the case at bar, we deem it proper to fix it at thirty thousand pesos (P30,000.00). We believe this form of damages would serve to deter employers from future violations of the statutory due process rights of employees. At the very least, it provides a vindication or recognition of this right granted to employees under the Labor Code and its Implementing Rules."

It may be also argued that actual or compensatory damages may be recovered in employment termination cases. Actual or compensatory damages are not available as a matter of right to an employee dismissed for just cause but denied statutory due process. The award must be based on clear factual and legal bases and correspond to such pecuniary loss suffered by the employee as duly proven. Evidently, there is less degree of discretion to award actual or compensatory damages."

(Maquiling v. Phil.tuberculosis, G.R. No. 143384. February 4, 2005

http://www.supremecourt.gov.ph/jurispruden...005/143384.htm)

"the doctrine in Serrano had already been abandoned in Agabon v. NLRC" (King of Kings v. Mamac, G.R. No. 166208, June 29, 2007, http://www.supremecourt.gov.ph/jurispruden...007/166208.htm)

Mga bro meron b kau alam how much is the cost, kahit rough estimate lang how much to annull a civil marriage? Less than 1 year lng kami kasal pero it did not work out kaya naghiwalay na lng kami. Any idea?

My cousin filed an annullment in southern Tagalog. He paid P150T in a package deal; his lawyer assured him of favorable decision. I undertstand the amount covered everything like publication, appearance fees, psychologist, of course attorney's fees and "others".

Thank you for the helpful info. We were thinking of having the wife and children sign a document saying that they are selling the property and in case my mother experiences problems from the contract, like someone else trying to claim rights over the property, they will hold themselves liable for that. The problem of course is that they can easily avoid their responsibilities by simply moving to a new and undisclosed residence where we can't find them in case there is a problem.

On the other hand, your mother can use this "dilemma" to negotiate for a lower price. Further, your mother may offer partial payment of the price, the balance payable upon expiration of the 2 year period - just make sure she takes immediate possession of the property.

Good luck.

For lawyers who are experienced/knowledgeable about property transactions, I hope you can give some advice:

 

My mother is being offered a property owned by a husband and wife. It is the wife who is offering the property since her husband has recently passed away. The couple's four children are also willing to sell their share of the property to my mother. Will there be a problem with the wife and her children selling the property since the property is still under the name of the husband and wife and has not yet been divided among the wife and children?

Technically, upon the death of the husband, the wife and the children become the owner of the property. However, the law/rules require formalities to protect the creditors of the husband - so that his debts will be paid first before the property goes to the wife/kids.

Usually the wife and her children execute an Extrajudicial Settlement adjudicating to themselves that property, after which or simultaneous with it, they can sell the property to your mother.

Creditors are given 2 years from the Extrajducial Settlement and its recording, to go after the property.

If your mother buys the property without the settlement, a creditor can go after the property for so long as the law (prescription) allows.

But even if there is settlement, your mother buys the property, a creditor can go after the property only within 2 years from the recording of the settlement.

One thing more: the property is presumed conjugal is 50% owned by the husband and 50% by the wife. The wife can freely sell his 50%; that 50% of the husband is the subject of the settlement.

Hope this helps.

what's the best linux distribution in terms of ease of use and performance?

Coming from Windows, I suggest Xandros, Linspire (or its free Freespire), and PCLinux. Try also our own Bayanihan; the support is great. You can download them from http://distrowatch.com/

Good luck.

hindi ko po alam kung dito dapat itanong to pero bahala na..bumili po kasi ako ng brandnew laptop sa mall last july 28. august 10 nalaman ko na defctive yung speakers nya. august 14 dinala ko yung laptop sa kanila para macheck up nila and nung maconfirm na defective nga, i demanded na palitan nila ng bagong unit since bagong bili lang yun.. Sept 1, pinalitan nila yung unit. ang problema po, yung pinalit nilang unit ay malamang hindi brandnew kasi maraming gasgas at maingay ang dvd-rom drive. mas mukha pang brandnew yung pinalit kong laptop. mukha po kasing niloloko na ko ng pinagbilhan kong shop sa mall. ano po dapat gawin ko?

Sir, why not try filing a complaint with the DTI, 385 Industry and Investments Bldg., Sen. Gil Puyat Ave., Makati City. Just ask the guard to direct you to consumer complaints division its in the 2nd floor, you will be asked to fill up forms, be sure to bring with you the receipts and warranty cards.

Good luck.

Could anybody advise me of a good lawyer who can deal with a rent contract.

I still have 16 months of the rent contract left to go, but will be moving to Qatar shortly to start a new job.

 

The contract states (shortened version):

In case of pre-termination during the first year of the lease, the two months security deposit shall be forfeited.

 

But the landlord is claiming I must pay the rent as well.

Sir any lawyer is competent to deal with a rent contract. Try the PAO or your local IBP office they may offer free legal advise.

Based on the wordings of the contract, only the 2 months security deposit can be forfeited; thus, you can be compelled to pay only for the months you actually occupy the property. You can challenge the landlord to show the provision of the contract forfeiting rentals. Just be sure to read the other provisions of the contract, like how many months notice is required for pre-termination ... if the contract says 2 months and you give notice only today September 10, you can be compelled to pay for the September 10-October 10 and October 10-November 10 rentals.

Hope this helps.

hay...

ayaw talaga gumana yung DSL (damn small linux)...

naka write na sa cd ko yung files and folders nya.

 

>boot

>knoppix

>lost+found

>index

 

kaso ayaw mag boot sa cd, naka default na rin sa aking pc yung boot from cd...pero sadyang ayaw mag boot.

 

anybody who tried po using this one? i hope someone can help.

 

thanks.

Have you tried using cheatcodes?

"A cheatcode is a option which can be passed to DSL before it boots. They can be used to change the way DSL operates. Since DSL is based on Knoppix it inherits a number of cheatcodes from Knoppix. Over time a number of options unique to DSL have been added.

Boot DSL from the Live CD. At the first boot prompt type dsl followed by the cheatcodes you wish to use. DSL will then boot with your selected options."

Theyre here:

http://www.damnsmalllinux.org/wiki/index.php/Cheat_Codes

Good luck.

mga bossing, nag try ako mag download ng DSL (damn small linux) at around 50MB para sana iboot sa CD, pero di gumana... any instructions po? baka may kulang sa naDL ko eh

 

san-kyu

I just don't know if you were able to successfully burn the iso you downloaded. If you're using nero essentials, choose the function "burn image to disk"; or else try Imgburn (freeware), download from here http://fileforum.betanews.com/download/ImgBurn/1128426215/1

Here's how DSL supposed to look like

http://shots.osdir.com/slideshows/slidesho...770&slide=1

Just to be sure, try following these steps (lifted from http://linux.sys-con.com/read/244333.htm)

"Getting Started: Obtain, Burn, Boot

Get the Latest DSL Image

xxx Simply follow these instructions:

1) Visit the URL www.damnsmalllinux.org/download.html

2) Click on one of the mirror sites under "where to download"

3) Look for a directory called "current" and click on that to see its contents

4) Look past most of what you see and download the file "dsl-<version>.iso"

xxx Save your download in a place where you can find it as you move to the next step.

Burn the ISO onto CD

The file you just downloaded has an "iso" extension after the ISO standard format used on CD-ROMs. xxx You'll need a writable CD-R disk and a CD burner for the next step. Use your favorite CD-burning software to create a disk from this image.xxx

When you burn your CD remember that you're dealing with a bootable ISO image. Rather than just burning a copy of this file onto a CD (which won't boot properly in the next step), you'll want to instruct your CD burner to recognize the ISO and burn a disk image.

Boot from CD (or Use a Helper Floppy)

xxx This little operating system will detect much of the hardware attached to your computer including your network, but it will completely ignore your hard drive and data until you tell DSL to do differently. xxx If your PC recognizes the CD as bootable and begins a boot sequence, skip to the next section.

Most PCs can boot from a CD (the CD booting standard has been out for over 10 years), but they may not be configured to do so. To find out you'll have to get into the BIOS settings at boot time and check. As your machine starts up, look for a message that says something like "Press F-10 for BIOS Settings" and use whatever key you are instructed to press.

Next, while in the text-based BIOS menu system, look for a section on boot devices and boot order. Make sure that the CD-ROM is somewhere in the order of boot devices ahead of the hard drive (usually it goes in the order of floppy, CD, then hard drive). Find a way to put the CD-ROM in the boot sequence, save your changes then try a reboot. xxx

(If) It can't boot from a CD so (use) a helper floppy that can recognize and boot the CD. If you need such a thing, you can create one by following these steps:

1) Download the boot floppy boot image file for DSL

Download: bootfloppy.img

From Site: ftp://ibiblio.org/pub/Linux/distributions/damnsmall/current

Save As: boot.img

2) Create a boot floppy using a blank 1.44MB floppy disk

If running Windows

Download: rawrite.exe (or other suitable variant for your OS)

From Site: www.fdos.org/ripcord/rawrite/

Run Command: rawrite -f boot.img -d A

If already running a version of Linux:

Run Command: dd if=boot.img of=/dev/fd0 bs=1440k]

Once your computer is booting from the CD (or a combination of floppy/CD) you're ready to begin exploring the world of DSL, customizing it to your liking, and creating a configuration that you can easily return to on your next boot."

Good luck.

lawyers in the house, is there any libel case filed ever in the courts about internet abuses, hacking & the likes. Pls give FR. thank you

Im not aware one reached the Supreme Court. I came across 2 cases both did not reach the courts.

Why not check this one out

http://jlp-law.com/blog/anatomy-of-an-inte...el-case-part-2/

Wala po bang 'yung libre lang? I'm just trying to use a temporary OS until I can find a way to re-install a full copy of Windows XP...

Freespire is free via bittorrent.

http://wiki.freespire.org/index.php/Download_Freespire

For interesting details please read

http://www.desktoplinux.com/articles/AT3239087426.html

I tried freespire when it first appeared in 05.

Sirs,

What executive search outfits can you recommend? How much do they charge?

Thanks.

Can anyone suggest a nice Linux distro for a total newbie that's easy to install and handle? Preferrably, one that can run Office, Y!M, and games... sawa na ako sa kaka-reinstall ng Windows XP every 30 days (oo na, cheapo, lol)

I cant help but point you to http://www.mslinux.org/

Seriously, i recommend Xandros, Linspire/Freespire. They have built in Open Office which is as good as MS Office, they have built in games, and instant messengers which connects to ym. If you want to run windows based applications like MS Office, windows games and windows version of ym (there is a linux version) you might want to take the circuituous route of installing cedega or crossover (xandros) or the native wine and hopefully you may be able to successfully configure them. Check the list of windows programs successfully run under wine here http://appdb.winehq.org/

I would suggest though that before you spend time configuring windows based programs, try their linux equivalent and youll be pleasantly surprised. Check here http://wiki.linuxquestions.org/wiki/Linux_...indows_software

If you want to make your desktop look like windows xp check this http://www.kde-look.org/content/show.php?content=1499

Good luck.

Hi, been at the same issue too, And here is my story: a friend of mine owes our group 50k, but instead of issuing a post dated check, he made a promissory note. But the thing is, we named our group as "abcd corp." and we are not yet a registered corporation yet... we were planning to build up a corporation for that deal, but the deal turned sour, and due to lack of funds, we shelved the plans of registering at sec...

 

My big question: Can we still use the promissory note in any legal process? (Demand letters, filing for estafa, etc..) What are the chances?

I think so. Your group might be treated as unregistered association. It may not have the personality to sue but you yourselves as partners may sue using abcd as a vehicle. For instance, you might write the demand letter in this wise - "We, Juan de la Cruz, Melchor Baltazar, Maria Makiling, Jose Mabini and Andres Rizal, doing business under the name abcd, formally demand upon you to make good your promissory note xxxx" How you can be identified with abcd is a matter of evidence which you will have to prove during the trial by showing your unregistered corporation papers, or by yours correspondences with each partner, or by minutes of meetings, or list of contributions, etc. As to whether there can be estafa would depend on how you present your facts.

(I just dont remember if attaching "corp" would make you liable under the corporation code so it is safe that you dont attach the word corp to your name "abcd" in all subsequent communications; just refer to yourselves as abcd or abcd group. If the promissory note states "abcd corp", well you can always argue that the "corp" was written by the issuer not by you.)

Good luck.

i have a friend, 2 yrs p lng sya sa private company and she's planning to resign kasi hindi n man nag-iincrease ang sahod nya, is she entitled for a separation pay?how much? she's earning 150/day lng!!!

Ordinarily no. But check if separation pay is granted under CBA, then follow the CBA computation. If no CBA, do a research if the company previously granted separation pay to a resigning employee, in the affirmative, follow the computation granted to that employee.

Here is a decided case:

"xxx there is no provision in the Labor Code which grants separation pay to voluntarily resigning employees. Separation pay may be awarded only in cases when the termination of employment is due to: (a) installation of labor saving devices, ( b ) redundancy, (c ) retrenchment, (d) closing or cessation of business operations, (e) disease of an employee and his continued employment is prejudicial to himself or his co-employees, or (f) when an employee is illegally dismissed but reinstatement is no longer feasible. In fact, the rule is that an employee who voluntarily resigns from employment is not entitled to separation pay, except when it is stipulated in the employment contract or CBA, or it is sanctioned by established employer practice or policy.

In the case at bar, it has been shown beyond doubt that there is an established employer practice of awarding separation pay to resigning employees. Private respondent is similarly situated as Alcantara who was also a managerial employee of petitioner company and a non-union member when he voluntarily resigned from the service. Alcantara was awarded separation pay by the Labor Arbiter xxx after finding that the previous resigning officers of petitioner company (namely, Administrative Officer xxx, Asst. Mine Accountant xxx, and Resident Mine Manager xxx) were given separation pay. As correctly ruled by the NLRC, to hold that private respondent is not entitled to separation pay would unduly discriminate against her.

xxx Private respondent does not dispute that the separation pay granted to previously resigned employees xxx amounted only to one-half (1/2) month pay per year of service. Hence, following the same precedent, the computation of private respondent’s separation pay should be reduced to one-half (1/2) month pay for every year of service.

xxx Petitioner, without just and valid cause, unduly withheld from private respondent her separation pay although it has previously granted the same to its resigning employees similarly situated as private respondent."

Anyone know about a linux OS that runs on CD ROM... like there is no need to install it on the hard drive..

Quite a number of them, too long to list. Please check this website:

http://www.frozentech.com/content/livecd.php

tnx. but such provision seems to be very broad. does someone with a brain tumor with seizures as symptoms counts as a disabled person?

Yes it is broad and oftentimes it is then narrowly interpreted by the agency implementing the provisions via "implementing rules and regulations" or IRR. So it now depends for what purpose the definition is to be used - the very same phrase may have a different definition under SSS, GSIS or Philhealth rules on disability claims. Under the magna carta there are several agencies involved like dept of labor, DSWD, dept of educaiton, dept of health, etc., which may have varying concepts or applications of the same phrase "disabled person."

For a start, it may be worth a try to contact this office:

National Council for the Welfare of Disabled Persons

Department of Social Welfare and Development

G/F SRA Building, North Avenue, Diliman, Quezon City, Philippines

Tel No. (632) 9298879, (632) 9261165

Fax No. (632) 9201503, (632) 9298879

council@ncwdp.gov.ph

good luck

If you are adventurous you might consider running windows based video editing applications within linux via wine. Check here for windows programs said to have been successfully run under wine:

http://appdb.winehq.org/appbrowse.php?iCatId=31

Ive not tried using these programs although I was able to run ym and some windows games via wine.

good luck.

wow

I should file a case against the one issue me bouncing checks. And ask for interest and atty. fee! :thumbsupsmiley:

But how long will that take?

Filing a case is the only way. File one for estafa under PD 818. You have to hire a lawyer to craft a demand letter and then a complaint for estafa under PD 818, or go to a public attorney's office - they dont charge fees just bear with their tight schedules, they are as good as private practitioners or even better. The process would take sometime, the prosecutor or fiscal will decide within 45 days (his salary is supposedly withheld if he fails to decide within that period). After the prosecutor recommends filing of estafa under PD 818, the Court takes over and immediately issues warrant of arrest. Sometimes you need to personally coordinate with the police station nearest to the residence of the issuer (accused) to make sure the warrant is immediately served. It is also suggested to go with the warrant officer in serving the warrant to the issuer (accused) to prevent the issuer (accused) from bribing the warrant officer to postpone the service of the warrant some other time and thus give the accused opportunity to flee and hide. You can start being unreasonable once the accused is in jail, and he realizes he cannot post bail and he faces reclusion perpetua.

The case before the court could take time, sometimes unreasonably long, due to postponements made by lawyers and sometimes by the judge or the fiscal. But since the accused is already in jail, the process served has its purpose.

Good luck.

Hello po. Pa-advice naman ako kung anong meron video editing software na puwede kong patakbuhin sa Ubuntu. The files I need to edit are mpeg (kung may wmv support din, mas ok). Kahit yung kasing simple lang ng Windows Movie Maker. Thanks.

Im not into video editing but i think you can try

GIMP, GIMPShop, Krita, Pixel

I am not just sure if wmv is supported.

If you are familiar with windows equivalent just check

http://wiki.linuxquestions.org/wiki/Linux_...indows_software

good luck

K-Meleon

"K-Meleon is an extremely fast, customizable, lightweight web browser for the Win32 (Windows) platform based on the Gecko layout engine (the rendering engine of Mozilla). K-Meleon is free, open source software released under the GNU General Public License."

http://kmeleon.sourceforge.net/

try entering "cnn" or "yahoo" in url space to open the cnn or yahoo websites.

now try entering "manilatonight" in the url area...

next type "manilatonight" in the same url area but this time click the search button (with globe like icon) and you will get google's search results of manila tonight.

Use url space but click different buttons to go to a website or do a search.