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Arneeious

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Posts posted by Arneeious

  1. I would like to ask for some legal advice for my sister. She got an auto loan from a financing company 2 years ago. Last year she lost her job and was unable to pay the monthly amortizations. In February she started receiving calls and text messages from the company telling her to expect a warrant arrest any day for a carnapping case the company filed against her. The company also texted messages like "balasubas ka, uutang ka ng pera tapos magtatago ka".

     

    We don't want to file a court case because it's too expensive and too slow but the company shouldn't be allowed to harass and threaten clients just because they are unable to pay. Is there a government agency in charge of financing companies (like the BSP for banks) that we can approach to file a complaint against the company for their harassment and threats? Thank you.

  2. My sister recently went to the BIR to register her business. During the process, the BIR asked for her TIN which she gave. When the BIR entered the numbers, the records showed that her TIN was registered to a different person! When the BIR entered her name, she was not in their records. She was shocked because she applied for her TIN way way back in 1996 and has had several jobs since then, including a 6-year government stint. This means that all the taxes being deducted from her salaries were being credited to someone else.

     

    Does anyone have any idea on how this could have happened - and remained undetected for so long? Has this happened to anyone else?

  3. Question po, a friend of mine has an illegitimate child with a woman. He is the father written on the birth certificate. The mother recently died. Who has the right to take custody of the child, the father or the mother's parents? The father wants to take care of the child but the mother's parents won't allow him.

  4. Good day sirs, Have a few questions about the labor code.

     

    I work in a call center and recently they enforced a new metric - adherence - meaning you have to follow your prescribed break schedules. Let's say your break is at 10-10:15am lunch at 2-3pm etc.

     

    However you can't really predict when a call will come in or end. So if you're supposed to have your break at 10am but if you're in a call and the ends at 10:10 you only have 5 minutes of your break left. If you're not back by 10:15 you will be breaking the adherence policy and there will be a corresponding penalty.

     

    Since performing your duty encroached into and reduced your break time, it's only reasonable that your break time be adjusted accordingly. A company's right to establish rules is not absolute. The rules must, among other things, be reasonable.

     

    Another policy they have is that by the time your shift starts. You should be ready to take calls. However some computers can be really slow and setting up the systems and tools necessary can take some time.

     

    So for example your shift starts at 8am and you get to work 5 minutes before you shift. Because it takes some time for you to setup your pc you only start taking calls by 8:15. You will be tagged as tardy and your pay deducted accordingly.

     

    Appreciate your insight sirs thanks!

     

    If the reason for the delay in getting ready to take calls is the company equipment then you shouldn't be tagged as delay. Of course, the company can always say that if it takes 15mins to get the computer ready then you should get to your station 15mins early.

  5. I loaned my ex-officemate a large amount of money. He issued a post-dated check as payment but when the check matured he kept asking for time to fund the check. After two months passed, I said I will deposit the check even if it bounces. He became hostile and threatened to accuse me of trying to buy drugs from him. He said he will print previous texts I sent him and edit them to make it appear as if I tried to buy drugs from him.

     

    Can he use these edited printouts of text messages to accuse me? Or more importantly, will any court accept these as evidence against me? Thank you in advance.

  6. this happend to me with the San Miguel Truck that hit my side mirror. do you have insurance? were you able to file a police report? usually the insurances will cover the cost. papatong ka nalang ng extra extra para mabawi mo rin ung ginastos mo para sa participation mo. what i do is get an estimate to get a new bumper sa mismong manufacturer ng sasakyan tapos kuha estimate tapos pagnabayaran na, paparepair ko nalang ung bumper kung nde naman ganon ka damaged.

     

    Unfortunately, we dont have insurance since our car is 10 years old already. I'm going to pick up the police report this week. Somebody told me that I can file a civil case under the small claims law that's supposed to be very quick and not much of a hassle. Btw, did the traffic police confiscate your license also or just the other driver? In my case both our licenses were confiscated since the other driver was claiming it was our fault because we cut in front of him.

  7. Hi, the other day my car's rear fender and bumper were damaged when a delivery truck changed lane on the highway. I know I won't be able to get any money from the driver so I have to go after the company. What is the best way I can do this? The damage is only P5k but I still want the company to pay. Thanks.

  8. Ang sabi ng Article 344 ng Revised Penal Code (tsaka ng Section 5, Rule 110, 2000 Revised Rules of Criminal Procedure):

     

    The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.

     

    lumalabas, yung asawa lang ang pwedeng magreklamo.

     

    Ah ok, thanks for the reply. I guess, it implies the children are not offended people, just the wife.

  9. Thank you!

     

    Yes. All donations made during the lifetime of the parent are to be included in computing the estate of the parent after the parent dies. The problem would be in proving that the sale was actually a donation. Likewise, if many years have passed, the heirs might just forget that a sale (that was actually a donation) was made a long long time before.

  10. If it's a donation made to appear as a sale, can the illegitimate child still go after the property regardless of how many years have passed between the sale and the death of the parents?

     

    if it's a "real" sale, then illegitimate children cannot go after the property sold (as the owner has the right to sell the property to whomsoever he wants).

     

    x x x

     

     

    If T fictitiously sells P3M of property to one of his legitimate children (thereby seemingly reducing his estate to only P9M), then the illegitimate child can go after this fictitious sale, have it set aside, in order to get his P1.5M share.

  11. Is there a way that legitimate children can protect their inheritance from any possible illegitimate children? If the parents sell their properties to one of the legitimate children, can the illegitimate child still go after the properties after the parents are dead? Thanks.

  12. Hi,

     

    My sister hired a yaya to take care of her 2-year old baby. Yesterday, her neighbor called her because the neighbor heard the baby crying for about an hour. When my sister came home, she found her baby crawling on the floor. She couldn't find the yaya anywhere and all the yaya's stuff were gone. Apparently the yaya ran away and left the child alone in the house. Good thing the neighbor heard her cry.

     

    Is there a specific criminal complaint my sister can file against the yaya? It just makes us so angry that she would leave a defenseless baby alone inside the house.

  13. This is definitely a hardware problem. Either a motherboard or power supply problem or a power button (front i/o panel). Disconnect your avr, reseat the power connectors from the motherboard. plug in the avr then turn it on. Check if your computer still turns on automatically. If it still does the same thing might consider replacing the PSU - check as well the power button or your mobo might be short circuited.

     

    Try uninstalling it using REVO uninstaller or Windows Clean UP utility. Try running malwarebytes to check for spyware.

     

    Thank you very much for the advice. :)

  14. I noticed that recently that when I turn on my AVR my pc (sometimes) turns on immediately even before I push the power button. Could this be caused by a virus or hardware problem?

     

    Also, I noticed a McAfee Security Scan Plus icon on my desktop (and even in the Start/All Programs list). Only my wife and I use the pc and she doesn't remember downloading/installing the program. I'm worried that if this is a virus and I use the typical Uninstall option, it might actually activate the virus. Any ideas on how to safely remove it? Thank you.

  15. can the wife file a complaint to prevent the law student from taking the bar? YES

     

    Does she also have to include her husband in the complaint? is the husband taking the bar? if not, no need to include.

     

    Ok, thank you for the reply.

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