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moridins79

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Posts posted by moridins79

  1. Hello People! ano ba pwede ko ikaso sa isang empleyado na gumawa ng sxtra job using the resources of our company. then di na sya pumasok. tapos nagfile sa labor ng illegal dismissal ng hindi namana sya tinatanggal? Thank you po in advance.

     

    what do you mean by "using resources of our company"?

  2. Under the Speedy Trial Act (or Rep. Act. No. 8493), a time period for trial is provided. It requires that the entire trial period not exceed one hundred eighty (180) days from the first day of trial. However, in Tan v. People of the Philippines, G.R. No. 173637 [21 April 2009], the Supreme Court laid down the principles when the right to speedy trial can be invoked,

     

    “In determining the right of an accused to speedy trial, courts are required to do more than a mathematical computation of the number of postponements of the scheduled hearings of the case. A mere mathematical reckoning of the time involved is clearly insufficient, and particular regard must be given to the facts and circumstances peculiar to each case.

     

    xxx

     

    "Moreover, although periods for trial have been stipulated, these periods are not absolute. Where periods have been set, certain exclusions are allowed by law. After all, this Court and the law recognize that it is but a fact that judicial proceedings do not exist in a vacuum and must contend with the realities of everyday life. In spite of the prescribed time limits, jurisprudence continues to adopt the view that the fundamentally recognized principle is that the concept of speedy trial is a relative term and must necessarily be a flexible concept."

     

    my relative has 3 Syndicated estafa case filed against her, trials are on going, but trial schedules only proceeds to about 10 hearings a year or less.

    for the past 10 yrs of hearings there is still no final resolution, all petitions for bail is denied, she is now detained for 9yrs and 10months in total

     

    what's the status of the cases?

  3. sa halagang P21,000, masyadong maliit ito para matakot ang isang tao pag nagkaroon ng violation (mas mahal pa ang pagkuha ng abugado kesa sa 21 Mil, medyo lugi pa ang nagbabalak maghabla)

     

    wanted to say that in my earlier post. :P

  4. ang plano ko kasi para maforce siya magbayad is the thought na mag kaka record siya sa pulis or sa city hall

     

    possible ba yun? how can i do that?

     

    So she will be forced to pay me back out of fear of having a record of fraud/estafa in her name

     

    It's possible. If you fIle a criminal case and an information is filed with the court, magkakarecord cya. Incidentally, based on my experience, kung d natatakot sa demand letter galing abogado, d yun natatakot sa kaso.

  5. Well, in that case, to "force" her to pay legally, you need a court order which requires court action. Now, you can complain with the barangay but lupon proceedings requires her to agree to any payment. If she refuses to pay, you still will have to go to court. Have a lawyer send her a demand letter and see how it goes.

     

    Considering that your goal is recovery of the Php 21,000.00, it's best to determine if she has any assets which you can get. Kung meron, you might consider filing a small claim case rather than a criminal case. Mas mabilis and you don't have to worry bout atty. fees. You can still opt to file a criminal case, however, usually maaaaataaaaagaaaal talaga yung kaso unless maswerte ka at mapunta yung kaso sa judge na masipag.

  6. mga Sirs hope you can provide some legal advise sa concern ko below...

     

    May property ang uncle ko na binili from a person long time ago(siguro meron ng 15 yrs to). The property is under GSIS and until now di pa nalipat sa name ng uncle ko un property. May discrepancy kasi un signature ng contract owner vs sa deed of sale na in-execute nila. There are a few complications sa issue na to so please bear with me.

     

    1). The original contract owner is already dead. I think the husband and un mga anak are still living but right now we have no way to trace their location anymore.

     

    2). To make the issue more complicated, un uncle ko namatay na without having the said property na malipat sa name niya. So right now the property is still with GSIS and what we have right now is the deed of sale executed only.

     

    Paano po ba dapat ang gawin namin dito para magkaron na ng title un property. Ang plan sana is to sell the property but without a clean title mahirapan po kami gawin ito.

     

    Alam ko po mahabang proseso to kasi both of the proponents ng deed of sale are both deceased already.

    But we have to start from somewhere so any advise you can give me will be greatly appreciated.

     

    What do you mean may discrepancy? Was the deed of sale notarized?

  7. The problem is she keeps on promising na magbabayad siya pero mag 2 months na wala paring bayad.

    she keeps on promising pero puro empty promises.. i have all her text messages.. may bearing ba yun?

    pwede ko kaya i complain muna sa barangay? or sa pulis? bago magpa korte

     

    21,000 yung amount

     

    thanks

     

    You need to send her a formal final demand letter. You can send that and do whatever extra legal acts you wish to pursue prior to a court case. Ano ba goal mo? Collection or makulong cya? May pangbayad ba? Kung wala, may properties ba cya? What amount is acceptable to you? You need to answer these questions in order for a proper course of action can be recommended. Remember court action takes time.

  8. Hay nako all day all night iniinis ako sabi nia ang loser ko daw I'm so mainstream daw since I have the same phone as everyone else. Kasi his phone has got a much bigger display. I'm like so what??

    Haha I guess I can say that

     

    so what nga. :) i always say better apps on ios and his larger screen will make some of his apps look strange.

  9. I only started watching the series last year but was hooked right away. :) Basically, Doctor Who is a British science fiction television programme produced by the BBC. The programme depicts the adventures of a Time Lord—a time travelling, humanoid alien with two hearts known as the Doctor. He explores the universe in his TARDIS—a sentient, telepathic time machine that flies through time and space. Its exterior appears as a blue British police box, a common sight in 1963, when the series first aired. Along with a succession of companions, the Doctor faces a variety of foes while working to save civilisations, help ordinary people, and right wrongs.

     

    The programme is listed in the Guinness World Records as the longest-running science fiction television show in the world[3] and as the "most successful" science fiction series of all time—based on its over-all broadcast ratings, DVD and book sales, and iTunes traffic.

     

    http://upload.wikimedia.org/wikipedia/en/9/9d/Doctor_who_2011_title.png

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