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duralife

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Posts posted by duralife

  1. a few quick question guys..

     

    ano po ba manyari sa mga nasheriff na ariarian after the case have been resolved?

     

    what if sira na ur ariarian (ex. sasakyan) na nasheriff?

     

     

     

    The owner of the property should also check on its property to make it sure that these are taken care of by the sheriff.

  2. Any legal eagle here who could help with an answer here? My wife works in a real estate company/resort company. The problem is she doesnt want to work there anymore and has already been accepted in another company and so she gave her resignation letter and would be staying for another 10 days or so. My wife's company's lawyer then sent her a letter, you know, a little threat here and there that she needs to stay for 30 day or else...

     

    Is she really obliged to do that. She doesnt even have a work contract up to now.

     

    yes it is provided under the labor code that an employee should file his/her resignation letter 30 days in advance.

  3. A frend of mine has a gf who already has a child. The child currently have her mom's surname kasi di naman nakapirma yung tatay nung bata sa birth cert.. Is there any way possible na maging surname nung frend ko yung gagamitin nung bata since di naman nakapirma yung tatay?

     

    yes, your friend should adopt the child of his gf.

  4. Guys, madali lang question ko. I'm going to get a loan to get an un-occupied house renovated para makalipat na ko dun, currently the title is under my dad's name. I need to get it title transferred from my dad to me to get a loan right? if so, how do i go about doing it?

     

    Thanks for the help guys!

     

    dude i PM you the steps....

  5. Dear Lawyers,

     

    What do you think is the rationale of the 13th month pay law? what's the lawmakers reason on implementing this law? why stop at 13th when we've got 14,15 or 20th.?

    Thanks

     

     

    PRESIDENTIAL DECREE NO. 851

    REQUIRING ALL EMPLOYERS TO PAY THEIR EMPLOYEES

    A 13th-MONTH PAY

     

     

    WHEREAS, it is necessary to further protect the level of real wages from the ravage of worldwide inflation;

     

    WHEREAS, there has been no increase in the legal minimum wage rates since 1970;

     

    WHEREAS, the Christmas season is an opportune time for society to show its concern for the plight of the working masses so they may properly celebrate Christmas and New Year.

     

    NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution, do hereby decree as follows:

     

    Section 1. All employers are hereby required to pay all their employees receiving a basic salary of not more than P1,000 a month, regardless of the nature of their employment, a 13th-month pay not later than December 24 of every year.

     

    Sec. 2. Employers already paying their employees a 13th-month pay or its equivalent are not covered by this Decree.

     

    Sec. 3. This Decree shall take effect immediately.

     

    Done in the City of Manila, this 16th day of December 1975.

     

     

     

    Good for you that you have a better benefits than most of the Filipino workers...

  6. sa mga fellow accoutants, ano opinyon nyo sa tax amnesty na ipinapatupad ngayon bungsod sa paglabas ng bir ng revenue memorandum circular no 69-2007?

     

    may bisa kaya itong rmc na ipinalabas ng BIR lalo na sa mga puntos na hindi tugma sa batas na ipinasa ng kongreso?

     

    sa opinyon ko ay masusunod pa rin yung mga probisyon na nakasaad sa RA no 9480 base na rin sa desisyon ng korte suprema (GR no. 109193 Republic of the Philippine vs. The Court of Appeals and Precision Printing Inc.)

     

    kayo ano ang opinyon nyo?

     

     

    your right fellow CPA, as mentioned in the case you cited..."The xxx ruling is in consonance with the tenet in administrative law that administrative issuances seeking to carry into effect an act of Congress must be in harmony with the provisions of the law, it cannot modify nor supplant the same"

  7. may lusot nga pero beware lang...just like what duayne said..."may liability sila dito" pag may magreklamo....

     

    i mean like what rocco69 said "may liability sila dito" pag may magreklamo....thats if the husband will file an adultery case against the wife and use the birth certificate as proof that the wife has a child with another man.

  8. ayun! may lusot pa pala sila! pwde pa palang maging gonzales ocampo yung bata! :) maraming maraming salamat po sa pagpapaliwanag master rocco! maraming salamat talaga!! :)

     

     

    may lusot nga pero beware lang...just like what duayne said..."may liability sila dito" pag may magreklamo....

  9. webmaster,

     

    do you know the process of legal adoption??? what are the steps we have to take?? like where to go first DSWD or through the regional Trial Court??

     

    thanks

     

    :)

     

    go to the DSWD ..or you may consult a lawyer who handles adoption.

     

    webmaster,

     

    do you know the process of legal adoption??? what are the steps we have to take?? like where to go first DSWD or through the regional Trial Court??

     

    thanks

     

    :)

     

    go to the DSWD ..or you may consult a lawyer who handles adoption. you don't go straight to the RTC family court because you need to prepare certain documents to support your petition for adoption. Ask a DSWD employee, they will provide you a checklist of the documents needed for the adoption, then you consult a lawyer for the court processes.

  10. is there any law that would prohibit an employee from filing a resignation letter?

     

     

    There is no law that prohibits an employee from filing a resignation letter. The law only requires that the employee must serve a written notice to his employer at least one month in advance.

  11. thanks, duralife. :)

     

    i'll do some research on the sections you mentioned.

     

    btw, those sections are from the national internal revenue code....i forgot to indicate the code :sleepysmiley03:

  12. hi to all,

     

    how much does bir deduct from business' gross sales? 12%? 20%?

     

    what is withholding tax? is that deductible too? afaik, its only related to employee income.

     

    does bir have the authority to tax business income when it comes from overseas?

     

    thanks in advance.

     

    webmaster, it seems your question centers on withholding taxation. It is not another type of tax, still this is income taxation and it is called withholding tax because it is a method of collecting income tax currently upon the receipt of income. It is designed to insure the collection at source of income tax. what is required to be withheld is not a new tax but the income tax.

     

    Meaning when you receive your income, a portion of it is being withheld be remitted by the withholding agent to the BIR....assuming it is really remitted by the withholding agent :hypocritesmiley:

     

    As to the rate of the tax to be withheld from your income, it will depend on the type of income that you receive or the type of taxpayer who earned such income. Just try to refer Section 57 to 59, Section 74 to 76 or Section 78 to 82. Try to read and analyze where your situation may fall.

     

    For you last question, let me assume that you are Filipino citizen residing herein or your corporation is a domestic corporation, then you or your corporation is taxable on all income derived from sources within and without the philippines. Therefore, the BIR may assess you or your corporation for your income even if it is coming from abroad.

     

    I hope this humble explanation will help clear a little space in your mind.

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