redblack

If you're renting only a single unit then I don't think you need to register for business permit but you should still declare the income you earn as rent, especially from something as big as a warehouse.

In renting out a property, take note of the following:

1. Even if you are just renting out a single unit, the owner of the property should get a lessor's permit from the city hall, esp. if it is for commercial purposes because when your lessee applies for a business permit, it will be required to present the lessor's permit.

2. Also, under existing VAT regulations, rental payments exceeding PHP 10,000 per unit received by the landlords whose gross annual income exceed PHP 1,500,000.00 are subject to 12% VAT. If the gross annual rental income is less than P1,500,000.00, the applicable tax rate is 3%.

3. Get an official receipt, even if it is just one condo unit or a house or a warehouse.

Why do I suggest this? Note hindi ako BIR Agent. But the thing is, pag hindi nagbayad sa iyo yong nag-re-renta, tapos nangolekta ka, madali syang bumuwelta sa iyo na "sige, babayaran kita pero isyuhan mo ako ng OR para sa mga nakaraang buwan na binayaran ko sa iyo." Maiipit ka ngayon, pwede ka mag-file sa korte makuha mo yong renta pero isusumbong ka naman sa BIR for non-issuance of OR and non-payment of VAT and other taxes. CRIMINAL CASE yong sa iyo, yong sa nag-re-renta CIVIL lang (unless may BP22 na involved).

Hi!

 

I have a question that is a bit urgent in nature...

When can you legally demand a separation pay?

 

Company is restructuring and my current work position MIGHT become irrelevant.

As provided in the Labor Code,

ARTICLE 283. Closure of establishment and reduction of personnel. - The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

ARTICLE 284. Disease as ground for termination. – An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

Any of the situations enumerated above would allow you to collect separation pay. NOTE, that the employer must comply with the procedures provided in the first sentence of Art. 283, meaning the notice requirement on employees and the DOLE.

thanks for replying... i plan to migrate to the US & have already sent the application & what i thought was already a complete set of requirements but i was sent a letter containing this:

 

A gap exists in your residence history of more than six months. When completing the

information in this section, please refer to the following instructions below on Police

Certificate(s):

*Police certificates are required for each visa applicant aged 16 years or older, based on

where each applicant lives or has lived previously.

 

i did get a police clearance & specifically requested for one that will be used for migrating to the US... i am also confused about that supposed gap in my residence history & they didn't exactly make clear as to what part though... and when they say US consular office procesing my application, do they mean the US embassy here?

Police clearances in the Philippines is district specific. (This is in addition to the NBI Clearance, kaya lang at least sa NBI nationwide na yon, so isang puntahan lang.)

So for example in my case when I did my immigration visa application, I got police clearances in my town in Bulacan, QC and my town in Rizal. Tig-iisa, kasi tumira ako don. Hassle pero kailangan.

thank you sir. i'm glad to inform that we have already repossessed the property. the other party leased the property for 6 months and got 20k in deposit and advance. the tenant had all their things moved in already but the other party that we are suing asked them to leave right away due to the eviction. the tenant was so mad coz they didn't realized the other party would do such a thing and what's worst the 20k was not returned to them so they plan to sue him.

 

there are lots of things to fix...the door to the patio was missing, the parquet of the stairs are gone, the railings of the staircase was gone, the built-in cabinet of the 2BRs were gone, the window downstair was altered, the kitchen cabinet had no doors already and was few inches away from the wall, seems like they plan to take it off but wasn't able to. it would be nice to sue them for damage to property but my parents don't want to go through the stress again much more the added expenses. we will just use to money to slowly repair the damages.

 

thanks again for the advice.

I have a theory about this kind of stuff, pero hindi ko lang na-implement sa client ko kasi I had to leave for the US. I had thought that since the lessor had been compelled to shell out money to cause repairs on the property, there now exists a money claim against the lessee, which may fall under the Small Claims Court. Yon nga lang up to P100,000.00 lang ang pwede mo i-claim don sa court na yon pero makakatipid yong lessor kasi no lawyers are allowed to be involved during the hearing (although pwede lawyer ang tumulong mag-prep nong mga pleadings and other docs) . Ang problem mo na lang dyan is finding the tenant and serving him notices so he would become a party to the case.

Ano sa tingin nyo mga fellow lawyers? Pwede di ba?

Reason #2 is very unlikely to happen. Visa and Mastercard are not a creditors. It is an organization that facilitates use of credit through a card issued by the bank for a fee. It simply is a payment courier. That being said, Visa or Mastercard does not have any interest in helping the banks recover the debt since it has been paid at the time the transaction took place. As correctly stated above, Philippine branch of say, Citibank, does not exchange credit information with Citibank in the US. Moreover, Citibank US does not aid in collecting owing to Citibank Philippines.

 

I am not encouraging your sibling not to pay the credit card bills. I am just stating my opinion over the matter.

I think you misread my opinion which you referred to as Reason # 2. True, US Banks does not seek to involve itself in the local collection of debts owed to Philippine banks or for that matter Visa or Mastercard.

The fact that he or she is actually immigrating to the US, makes paying off his or her credit card debt important since that may affect his or her credit worthiness, once already in the US. Surely once in the US, he or she will eventually borrow money to buy a car, house, gadgets or whatever. US lenders (banks, credit cards, savings and loans associations, etc.) take "credit ratings" very seriously. This determines whether or not a person can avail of a loan or not, or how high or low the interest rate chargeable to the person. If your "credit worthiness" is graded a high credit rating banks are more inclined to lend to you at a more favorable interest rate. If you have a low credit rating, banks are more inclined NOT to lend to you or lend to you at a higher interest rate.

Thus, in the situation of his or her sibling who goes to the US, generally US lenders would not look into his or her past credit history in the Philippines, so they would rely on the immigrants credit history in the US only. But if they get wind of the sibling's BAD credit history in the Philippines, US lenders may totally close their doors and not lend anything to the immigrant because of that bad credit history or charge his or her a high interest rate.

question po:

magma-migrate ang kapatid ko sa amerika. ayaw na niya bayaran ang mga credit card bills niya na halos P50k at P100k ang halaga. ang bilin sa akin ay huwag na tanggapin ang mga dadating na bills. pwede ba siya habulin ng credit card company? pwede din po ba habulin ng company ang mga naiwan niyang pamilya dito sa pilipinas?

 

thanks po

For all intents and purposes, the credit card bills pertains to your sibling only and cannot be claimed against you or your siblings relatives. It can be claimed however against any property that your sibling may presently have or acquire in the future, e.g., does he have any land or car or bank account now, will he inherit anything from your parents, those kind of stuff. Even if the bill is not received it is already a loan incurred by your sibling (when he charged a service, or a sale) and can be enforced in a proper court collection case. Usually, unpaid credit cards once a final and executory judgment is rendered has already accumulated to the extent that a P100,000.00 credit card bill can balloon to triple that amount, after the interest, penalties and surcharges are added already. Once a collection case is instituted, the collectable amount would included legal fees. So later on he or she may be facing instead of a P100,000.00 credit card bill, it can very well be a P500,000.00 judgment award for the credit card company. Expect the credit card company to really undergo this proceeding and try to collect since this is the only way they can recoup the credit card charge either to collect the loan itself or get it as a tax-deductible entry (meaning bad loans).

HOWEVER, WHAT MAKES SETTLING THIS LOAN IMPORTANT FOR YOUR SIBLING WHO IS IMMIGRATING TO THE US?

Is the credit card company affiliated with Visa or Mastercard?

There is such a thing as a "credit rating" in the US. The credit rating or score determines the credit worthiness of an individual. Usually new immigrants start from "zero" considering that you are only starting out as a US resident, thus, he or she should expect high interest rates (if ever he or she would borrow). Only through time and a proper management of your credit (through ontime payments of your credit card bills, utility bills, etc.) would the score improve.

Presently, the local banks do not share this bad credit info but if in the future they do undertake to do it, considering that this local credit cards are affiliated with Visa and Mastercard, whatever gains in the credit rating of your sibling may be erased where there is a sharing of such an information to US banks and credit card companies.

That being the case, your sibling can take the risk and not pay it. But this is not advisable as (1) you can still avoid the accumulation of the amount of penalties, surcharges or interests, if you address the credit card bill now (before it reaches the courts); and (2) his or her credit rating in the US may suffer if the credit corporations in the US get wind of his or her bad credit situation here.

is the installment Buyer required to pay the Real Estate Tax even if nasa name pa ng Developer ang property?

It depends. If the contract states that you are also answerable for the Real Property Tax even if the developer still holds title to the property, then you are going to pay for the RPT. Usually the contract has a provision as to who answers for the RPT during the lifetime of the contract. But if it does not state who pays for the RPT, its the registered owner who pays for the RPT, since as far as the city government is concerned he is the taxpayer on record. However, make sure that the RPT payments are updated, since if the developer does not pay it, the city or municipal government may collect the unpaid RPT, seize the lot and sell it at auction; that is even if it is subject to a contract to sell or contract of sale. If you do not check on it regularly you may be saddled with unpaid RPT and prevent eventual transfer of the title to the property to your name.

correct me if i'm wrong sir redblack. pag nagpresent ng motion to present evidence ex parte (or any motion for that matter) yung judge either igra-grant nya or ide-deny yung motion. so kung granted dun lang pwede magpresent evidence ex parte. at sa tanong ni sir HardOn as to how long yung decision, depende kung anong klaseng kaso yan at depende na din sa judge. usually yung isang buwan medyo mabilis na.

Ganito yan, sabi sa Rules of Court, once the defendant is declared in default, the court can already render a judgment based on the pleadings submitted or the court in its discretion requires the plaintiff/claimant/petitioner to submit evidence. Yong ang nasa rules, pero in practice kasi, hindi mo naman ikinakabit lahat ng dokumento mo at ebidensya sa pleading, ang required lang kasi doon ay full narration of facts, yong claim mo, thus, as a matter of course it follows therefore na yong ibang lawyers naghahain na ng motion to present evidence ex parte. Bakit presentation of evidence ex parte, usually kasi pag ganitong motion, ni-rerequest mo na din na sa harap ka na lang ng Clerk of Court (the Lawyer-Chief of Staff of the judge) mag-pe-present ng ebidensya para hindi mo ma-take up and time ng Court and since si Clerk also sometimes "prepares" the decision for the judge, mas mapapabilis ang proseso, somewhat. usually granted ang motion to present evidence ex parte kasi wala ka naman kalaban and the judge is usually not in a position to deny it kasi nag-volunteer ka na nga magbigay ng ebidensya, pipigilan ka pa nya? hindi siguro. Ang makakapigil lang siguro dyan sa ganyang motion is if may technical flaw yong pleading mo, e.g. wala kang attached verification or certification against forum shopping or non-payment of filing fees, ganon, pero those stuff napupuna naman sa umpisa pa lang.

As to your question on speed, as a practicing lawyer, I never give my clients any estimate on the speed by which a court would render a decision. Nasisi lang ako. The speed of a judge to give out a decision is wholly his own. Kahit na ano pang-administrative order ng SC na bilisan ng mga judge na mag-decision, kanya-kanyang diskarte yan. Don't hold your breath, baka mawalang ka ng hangin, the wheels of justice in the Philippines is a slow churn. Kaya ako ang rekomendasyon ko palagi is for alternative ways of resolving disputes, binding arbitration, mediationm, and a court case only as a last resort.

Thanks sa reply, but ive read SamanthaJones's query and i think in her case they felt as if they are being demoted but the salary and their benefits are still the same ( assuming cause theres no info about that), but in my case one of the important factors in the employer-employee relationship which is the amount of money that i usually received for the services i render is being severed. I wouldn't really mind if they transferred me to utilities or house keeping so long as i retain the usual and potential amount that i can take home every pay out. Yes its not considered salary but the performance incentive bonus has been in practice long before i started with the company and i enjoyed that privilege for more than a year. Even now that performance incentive bonus is being given to those 400+ UK side employees. Its just so happened that i am "multi-skilled" and former US side agent that i am included in the transfer.

 

In any event, do we have any right to ask our employer not to hire UK agent outside without putting us back first? If for example they hire from the outside, then could we file constructive dismissal?

When I referred you to my reply to SamanthaJones, I did that so you can have an opinion on the transfer portion and a discussion on management prerogative when it comes to transfer.

I already answered your query on diminution of benefits. Did your employment contract specify that you will work in the UK Assistance Group only? If it was you can demand that you be returned to it as your company is bound by that contract. If however, there are no specifics, then you are bound by the prerogative of management to put you anywhere they want, so long as your rank is not lowered or the salary guaranteed under your contract is not lowered.

As for the bonus, a bonus is an act of generosity and as a rule is not demandable and enforceable obligation UNLESS it is an additional compensation which the employer promised and TO GIVE WITHOUT ANY CONDITION IMPOSED UPON ITS PAYMENT. If it is paid only if a certain amount of productivity is realized AS IN YOUR CASE, it is QA based and so long as you make the customer happy (for the UK Assistance), that is a condition to be entitled to the bonus. Therefore, being only an act of gratuity, this is not covered by the rule of against diminution of benefits. It follows that there is no basis for a claim of constructive dismissal, based on that rule.

As for demanding that you first be considered for the UK position rather than hiring outside, I suggest that you do not go out and demanding such a thing from your HR. This would only create a situation where I see you losing out and the employer taking a hard line stance against you. In tagalog, mapapag-initan ka lang. I would suggest that you bring up the matter of getting your UK post back with your supervisor or the HR citing your employee of the month status and how you are performing well in that group, tell them that the stress of a US posting may not create the same results.

Patulong naman po.

 

Ako po ay isang call center agent.

 

I was hire April of 2008 as a US DIRECTORY ASSISTANCE. I was not making much until i was enrolled in the premier bonus plan a year after. This is QA and CPT (call processing time - length of time that an agent is on the phone with a customer) based. The lower the time the bigger the premier bonus, the maximum that you can get is around P3000 per payout for 27 seconds CPT which is really a hard thing to do that will take years. Back then i was earning premier of more or less P900 per payout(35 sec CPT tops).

 

Then last October of 2009 i was transferred to the UK DIRECTORY ASSISTANCE where all things change in a positive way. I am automatically enrolled to the premier bonus plan without performing other acts to be enrolled. The bonus there is QA based and just being nice to the customer, NO PRESSURE WITH THE CPT REQUIREMENTS you can stay on a customer within a reasonable time. I am earning a P2400+ a week premier bonus so per payout i can receive premier bonus ranging from P4800 to P5000. Both accounts are directory assistance service.

 

Then 3 weeks ago from now, me and 20 others with more or less on the same situation as i, was transferred back again to the US side. It was quick and unexpected on my part, i was logged out and was asked to go home and come back Monday for a 2 weeks refresher training in US directory. The manager told us that the UK side is overstaffed and the US side is in need of agents but without showing us proof of that fact, we asked them, of all the 100+ agents whose been with the US side and been transferred to the UK side, why we?, They said it was performance based, but i was employee of the month of july. We are chosen to fill that because we are so called "multi-skilled". I am consistently receiving the bonus pay in the UK side and not much in the US side, I felt secured already that's why i purchased some things on installment basis. For more than a year my total pay per payout(every 2 weeks) is approximately P14000-15000 but now i wouldn't be so sure if i will be getting an amount near that. I just received my pay yesterday it was P7800 only.

 

Some people told me to file a case for constructive dismissal, if so how do i file it? whats the process? But before i do that i just want to hear some other options that i may turn to, do i have a case here? Ive research some info and found out that those acts of transferring are management prerogatives but with limitations and exceptions to follow. Same thing with bonus and benefits which the employer has the power to give and the power to take away but also with limitations, i am enjoying the UK premier bonus for more than a year now and they have been practicing that performance incentive bonus since they launch the company about 5 or 6 years ago. Please help me with this. Thank you so much. More power.

In my opinion, this is not constructive dismissal. The compensation that was diminished is not the regular pay but some sort of performance bonuses that is not guaranteed. Read my reply to samanthajones' query posted above. Its very much the same thing.

thanks. another question, what if magmatigas sila na hindi ibigay, can we file a case about it?

magpatulong sa lawyer? what do we do if ganun ang mangyari?

Rights OF representation . . . sorry for the typo.

Anyway, you can file a case for the Partition of the Estate and, yes, you need a lawyer for this kasi only lawyers are allowed to appear before the Regional Trial Court. Just be prepared with the necessary documents to establish your claims as heirs (e.g. birth certificate ng dad mo, death certificate ng dad mo, birth certificate ninyong lahat). I suggest you bring on board with the plan all your brothers and sisters regarding this move. At least dahil marami kayo maghahati hindi ganon ka expensive sa inyo.

Although one thing to consider when undertaking this move is the cost. Compute how much you would get and how much you will pay in fees. Yon ang maging basis nyo if you want to pursue the case. Nevertheless, if the case is not cost effective, bluff nyo na lang mga Tito and Tita nyo, bring up with them na pag hindi nila kayo sinama sa hatiin, mag-ko-korte pa kayo (for the principal of it, hirit nyo na lang na bilin ng tatay nyo kaya kailangan nyo gawin, baka kasi multuhin kayo pag hindi nyo ginawa), gastos kayo pareho ng lawyers, so to avoid that ibigay nila yong tama.

pwede paki sagot tong case na to... tnx

 

Mr. A graduated from law school 2003, he took the bar exam that year but failed. In 2008 he immigrated to Canada... He has now dual citizenship ( Canadian and Philippine citizenship )... He plans to take the Philippine Bar exam again in 2013 or 2014.... is Mr. A still eligible to take the phil bar exam?

Yes, he still is eligible. I suggest he retake his fourth year though, since I don't think a review would suffice considering a good ten years had already lapsed. A lot of laws have been changed and new jurisprudence had been issued.

Mga Kaibigang Abogado dit sa MTC,

 

May tanong lang ako. Ano ang ibig sabihin ng Motion to Declare Defendants in Defauld and to Allow Plaintiff to Present Evidence Ex Parte.

 

At ano ang susunod sa process after nito?

 

Thanks

Sa court case, kapag hindi sumagot ang Defendant o ang nahahabla sa complaint ng Plaintiff, hindi ibig sabihin nito hindi na uusad ang kaso. Hihingi ang Plaintigg na ma-i-deklarang "in default" ang defendant. Kung baga sa basketball, 7pm ang laro, tapos hindi dumating yong isang team, default yong hindi sumipot, talo tuloy sila. Parang ganon ang declaration in default PERO hindi ganon ka-simple lang na idedeklara na ng judge na panalo ang Plaintiff. Kailangan pa din patunayan ng plaintiff ang lakas ng kaso nya, meaning na mayron talaga syang karapatan para maghabol ayon sa batas. Kaya yon yong kasunod nong Motion to Declare in Default is the accompanying motion for the Plaintiff to Present Evidence Ex Parte, meaning si Plaintiff lang mag-isa ang mag-pe-presenta ng kaso nya. Wala na si Defendant para i-dispute yong pinakita ni Plaintiff sa korte. Mas madali para kay plaintiff na patunayan ang kaso nya, kasi wala si Defendant para mag-object o labanan ang kaso.

to our dear lawyers,

 

i have a question regarding sa hatian ng inheritance (money value) na nakuha ng lola ko (deceased)

but is shared by my lolo and 4 children (including my dad)

ang situation is like this, since malapit na makuha ung part ng lola ko,

hahatiin sa 5 ung makukuhang pera (4 children including my dad and my lolo), pero recently,

sept2010 namatay ang dad ko, question: do we still get his part? kasi ang problema,

narinig ng lola ko sa mother side one night na burol ng dad ko that they (3 other sibblings of my dad) are all talking about

whether dapat padaw ibigay ang part ng dad ko samen, my lolo is suffering from stroke and parang ung isang tita ko was planning

not to give it anymore. incase na hindi nila binigay, can we file a case about it? or anung

pwede namin magawa incase may rights naman kame at hindi nila un ibigay dahil patay na ang father ko?

thanks

Yes, you can get still get your part of the inheritance. It's called "rights or representation" where the compulsory heir's own heir takes his place in the line of succession where the compulsory heir had already passed away.

I am not sure what other information that you need but though the job is the same in nature, that is, both are taking in calls - those two jobs have different pay structure and skill sets. Newly hired technical support agents at Dell or at any call center have a higher base pay compared to Customer Care agents since one is required to have a technical background first, for customer care nothing is required except of course that you have to be proficient in the English language.

 

Now, we, tech agents. are now being transferred to cust care and they are asking us to sign a contract that will change our job designation from Senior Technical Support Analyst to Customer Care Senior Analyst. Though there will be no adjustment, we feel that is a demotion from our current standing since we literally will have to forget about our technical know how. It's like from the IT department we are being transferred as mere receptionist. Is there anything that we can do to stop the transfer?

The question is: "Why is your company doing the transfer?"

Is everybody in tech support being transferred to customer care? Did they single you out or there is a whole group or department affected? Do they need to fire people if they do not transfer? Enter into a dialogue with the concerned supervisor. Try to amicably settle this matter. It may appear that this is a demotion but then again the non-diminution of salaries and the lack of change in rank (from supervisor or team leader or senior staff to entry level) does not support your conclusion.

Based on present jurisprudence its a toss up, fifty-fifty if you refuse the transfer and you get dismissed. There are some jurisprudence that supports your position, while some other jurisprudence argue against you. There is NO case that exactly fits your situation.

Good morning to all of you.

 

Question:

 

If the contract that we signed originally was as Technical Support, is it legal if we're forced to transfer to Customer Care? Assuming that salary is still the same. Technical support and Customer care have different skill set/ salary in the call center market.

 

If we refuse should that be just cause to terminate our employment? Is there anything that we can do?

As a general rule, employers have the right to transfer an employee from one work to another and a refusal by the employee to undertake such transfer would give rise to a valid cause to terminate employment. Nevertheless, if dismissal does take place and an NLRC case is brought against the employer, the employer must justify the dismissal in the said case, failure of which would make them liable for illegal dismissal. The test to determine if a transfer is valid hinges on whether the employer is able to meet its burden of proving that the transfer was not unreasonable, inconvenient or prejudicial to the employee and that it did not involve demotion in rank or diminution of salary, privileges or other benefits.

Looking at your situation and based on the limited information you had provided, I am of the opinion that you cannot refuse the transfer. It seems valid, considering that there was no reduction in salary and even if the exact skill sets are different, both require the employee to have customer interaction, bringing to the table only a difference in know how. You may be hard-pressed to explain to a Labor Arbiter (who is a lawyer) the material differences between a tech support personnel and a customer care agent when all he or she sees is a call center agent who, as far as he is concerned does the same thing.

The position of the employer may further be strengthened if they can prove that there is now a limitation in tech support needs (such as when they are losing clients for that specific service, or they are rolling together tech support and customer care into one agent). This is in furtherance of management prerogative and an incident of the business of which the employee cannot go against.

What I suggest you do is talk to your manager, and air your grievance about the transfer. Tell him or her that you believe that your skills are better suited for tech support rather than customer care. But if nothing happens and still you remain unsatisfied by the present position and work, you may have to contemplate moving to another company.

mga sir baka po puwede niyo akong bigyan ng advice kung ano ang puwedeng solution:

 

may computer shop kami dito sa province sa harap ng isang university, eventually

sa kabilang puwesto may nag-start ng karinderya with "videoke".

ang problema sobrang lakas ng patugtog nila, affected kami.

 

*sabi sa barangay, kelangan ng "permit" para makapag-operate ng videoke?

*at bawal yata ang "videoke" machines sa malapit sa school?

tama ho ba ang mga ito, o depende sa ordinansa ng bawat bayan o barangay?

 

nag-report na kami sa baranggay, at sabi wala daw permit itong katabi namin.

pinag-sabihan na sila ng brgy. chairman, pero ganun pa din sila sa pag-patugtog.

meron po ba kaming puwedeng hakbang na gawin? sana matulungan nyo ako, maraming salamat po.

You have the same problem as Pacey. Although yong sa kanya, its about pigs; sa yo mga taong parang baboy kung umasal.

Anyway, I suggest you go and consult with the permits and licensing office of the city or municipality where you are located. If they don't have a business permit, you can get their assistance and they can easily shut the place down.

I cannot give you a direct answer as to whether or not videoke's are allowed near a school or not because I believe that such a prohibition is covered by local laws, meaning if there is an ordinance applicable than it would be easier for you.

If ever the city or municipality is slow to act, maybe you can get the help of the community. Start with the administration of the University and down to the students.

You can also file a complaint with the Lupon in the Barangay so you can undertake Barangay Conciliation. If that doesn't resolve it, you may seek to get an injunction from the Courts. But that will take time and money.

my dear mtc lawyers, i hope you can help me with this.

 

see, our neighbor has a small lechon business. he does the roasting on another neighbor's nearby open lot, with neighbor's permission. however, lately, he's been bring LIVE pigs/piglets, keeps them on said open lot for a day or two, and then slaughters them there. =S

 

we already approached our village association, but was basically stonewalled, as the neighbor who does the slaughtering is, in the vernacular, a "bata ni mayor." meanwhile, the neighbor owns the open lot is one of the board members of the village association AND is one of the owners of the village.

 

does this leave us with no recourse?!?! jack-ass neighbor isn't even a home owner. =/

There are a number of avenues you can explore.

First, businesses are required to get specific permits with City Hall to operate their business (e.g. business permit, sanitary permit etc.). If you can establish that they don't have any of these permits, you can report them to City Hall. You can get their assistance.

Second, you can get the barangay involved, specifically citing that this establishment is a nuisance and should not be located in a residential area.

HOWEVER, since you said he is "a bata ng mayor" this may not work. However, there is a principle in law that requires you to exhaust administrative remedies before pursuing a court case, so you have to go through this process before availing court action. It may be proper for you to file written complaints whenever you undertake this.

Third, you can file a case requesting for an injunction as against the operation of this lechon-an, claiming the same reasons as above: (1) its operation is detrimental to the environment and your families health; (2) it violates land use zoning and business regulations, etc. If you can stop the lechon operation, most probably that would stop the bringing in of pigs into the lot.

HOWEVER, a court case is expensive. It can be a long drawn out affair. You may just end up exasperated with the legal system of the Philippines.

Fourth, most village associations have in their village rules a prohibition against bringing in and taking care of livestock, pigs and the like. Maybe you can start from there to compel the association to act on your complaint. If they don't act on it, A GOOD SOLUTION I THINK is for you to muster the support of your neighbors against this lechon-an. Tell them how your village association is not protecting your interests by allowing the illegal operation of this lechon-an in your village. Get your other neighbors involved since, these type of operations within an exclusive village can lower the market price of your properties. Money talk can be a good incentive for people to move on a problem. BETTER YET, establish a ticket to challenge the present members of the Board of the Village Association. Most village association have a specific date when elections take place, so you may want to challenge them. You look like an outspoken person. Maybe you can act on it and get the matter decided by being the decision maker.

I hope this gives you a rough idea of the things you can do.

hello guys

 

according sa isang call center, nag violate daw ako ng labor code article 282 section a:

 

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

 

they are asking me to explain my side, what do i do? may chance ba kong idemanda nila, hndi kasi ako pumasok on the second day because some reasons

Yes, art. 282a refers to serious misconduct or willful disobedience as a "just cause" to terminate you from your employment. Basically, the company is ordering you to explain your conduct in relation to an incident that may caused you to violate an existing rule or lawful order of your employer which affected your work or caused the company harm. I suggest that you give your answer because if you do not, they can base their decision on what information or evidence they have on hand and you would not have any defense presented to explain the charges being made against you.

To explain Art. 282 a of the labor code, if you break down the provision, the following must be present for there to be serious misconduct or willful disobedience:

a. there must be a lawful order that had been violated. Note however that a lawful order is not just a verbal order or a written order that is given to an employee during the course of employment but this also covers the employee's manual or a code of conduct for employees which may provide that if you violate it, certain penalties may be imposed. This code of conduct or employee's manual must have been brought to the knowledge of the employee upon engagement or during the course of employment.

b. the violation caused detriment to your work or the company. A violation of the code of conduct or employee's manual already presumes detriment to your work, since it was enacted to ensure the smooth operation of the company and for the relationship among management and employee and among the employees themselves run smooth. A violation of an order of a supervisor or manager would be judged based on reasonableness and as to whether or not this is still within the scope of work covered by your employment (ex. you were hired as a waiter but then made to work as a cook, totally unrelated and not covered by your engagement).

c. the violation must be serious, meaning it must be grave and aggravated and not merely trivial or unimportant. If there are a series of irregularities that have been committed by an employee, this can also be considered as serious misconduct.

Hopefully that explanation guides you on how you answer considering hindi mo naman kinuwento kung ano yong incident that caused the notice to be sent.

here's one. I happened to bring fresh mangoes on a bag to the united states of america. Port of entry was San Francisco. The customs guy asked if I had fruits and plants, I said yes ( I should have said no and nothing would have happened), the guy said ' go to line C', i said okey. the inspector opened my bag and , said hey you got mangoes, I said yes, then he said this is not allowed. I said since when. Then he said read this pamplet. he handed me a pamplet ( Which was also given on the plane but ignored it by not reading it). Then , he said i am going to confiscate these 6 mangoes, and throw it away. I said why, waste it. It has travelled 7 thousand miles already only to be dumped. I asked, is there a legal recourse I can take it with me. There is, but it is too late, I should have declared it a long time before coming and there are certain rules and fees involved just to have that done. So I did not pursue the issue, and the mangoes got tossed to the garbage can. Since I am only visiting USA, I did not want to be denied entry so I just kept my mouth shut. This is just an example of some nuances in legal issues that occur during travel abroad. I know before and maybe now, you can be denied entry to KSA if you have a rosary in your bag!!

Do understand, it is not cultural that caused the confiscation of your mangoes; it is more a right of a country to regulate its agricultural industry as a measure of self-protection. It is a countries right to prohibit the transport of any foods (meats or vegetables) from one country to another to prevent the transfer of any form of infestation or pathogen from one country to another. Thus, not only mangoes are prohibited, any form of fruit is prohibited, unless it runs through the proper import channels and after proper inspection by the US DA.

If I remember any mango coming from the Philippines is actually absolutely prohibited from entering the US, except for those coming from the island of Guimaras. A worm infestation in mangoes hit Asia a while back and it affected the Philippines. The Philippine government was only able to prevent the infestation from reaching Guimaras. So now the US government only allows Philippine mangoes that have been grown in Guimaras to enter the US. That's why it is also quite expensive when it does reach the US. Try bringing in a mango from any other part of the Philippines into Guimaras and they will confiscate it also once you enter the island. It is the provincial government's way of protecting its own mango industry from outside infestation.

The Philippines actually has a similar law but our customs officials are not strict in its implementation as made evident by the proliferation of the bringing in of food stuffs from Thailand and China by tourists.

About your KSA experience, I don't know about that, I haven't been there.

yeah bro, we are on the same boat, the 150-250K, may share yung asawa mo dyan and it's going to be a long process...

 

at least for legal separation, all your future assets will be secured...

 

I hope your lawyer told you that LegSep only allows you to go separate ways but it does not extinguish the marriage bond, meaning if you get into a relationship with another girl technically you are still covered by the provisions related to concubinage (if you have sexual intercourse, under scandalous circumstances, with a woman not your wife or cohabit with her in any other place).

Ipon na lang kayo pa ng konti, para tuluyan nyo na lang ipa-declare na void yong marriage mo. Think of it this way, at present you have no intention of remarrying but what if you fall in love eventually and think of settling down but you wouldn't be able to kasi legal separation lang ang ginawa nyo. So, you pay P75,000 now (more or less) but then later you still pay the fees for the action to declare your marriage as a nullity, nagpatong lang yong gastos.

Although yon nga lang kung may assets to consider ok ang legsep. But if you have assets to consider, ibig sabihin may pera ka so bakit hindi mo pa tuluyan na ipa-void yong marriage mo?

Oh ingat lang din pala sa sharing fees with your wife when it comes to declaring your marriage void, verbal lang lahat walang contract or agreement dapat. May rule kasi against collusion. If the Fiscal (who is acting in representation of the State) finds in his investigation that there is collusion (or an evident agreement that the parties want to have the marriage voided) the court will dismiss it. Pero kung may "special arrangement" na kayo for the process, hindi problema yon.

Active pa po yang passport mo till it expires...I suggest gamitin mo muna yan anyway pareho lang naman recognized yan eh...six months before expiry saka mo na i-renew

Check mo requirements ng country na pupuntahan mo. Yes, valid pa rin yong green passport but there are some countries who do not accept passports that are not machine readable. I had a client who had a problem with this, di ko maalala yong bansa.

sir.. pwede kaya po yung mga text messages po namin don ko xa sinisingil.saved ko lahat messages nya. pwede na kaya pong proof yun na may utang sya sakin....and sir.. 10 years na po yun .. di ba meron po yata provison sa law.. (LAWS OF OBLIGATIONS AND CONTRACTS) tama po ba? ang prescription period till 10 yrs lang... meron pa ba nito? if this applies, is there other way po ba.. sayang din kc po 10k yun..kahit mag tumbling k sa daan wala kang mapupulot na 10 k . grrrrr. kakainis nasabi pa namn professional. balasubas naman pala.. grrrrrrrr.....

ah oo nga...hindi ko napansin yong ten years...prescribed na nga. so extinguished na yong obligation. Ok sana yong text. pwede gamiting yon as proof, especially if may reply na acknowledge nya yong utang.

Pwede mo gawin is get him/her to execute a promissory note. date mo now, kahit na ba prescribed na, the PN would novate or change the terms of the old loan...kung baga nabuhay ulit yong utang kahit na prescribed. Ofcourse if he/she knows that prescribed na yong obligasyon nya hindi yon mag-eexecute ng PN.

hello po,eto rin po problem ko po sa isang classmate ko. It has been 10 years na po yung utang nya skin 10K po yun. imagine po.lagi ko po na remind sa kanya about her arrears but then dedma nga lang po sya . LAGi nya sabi na wala po syang pera, diba nya naisip na when she got that money , dali nyang nakuha. PAhirapan ko po ang paniningil sa kanya. The only mistake that i made was, i wasn't able to put into writing, kc nga po TIWALA po sa kanya na she would pay that amount in a week (promised nya po), na naging taon na hayzzz... Di naman habang panahon insolvent sya. naiinis na ko. naisip ko tuloy if nilagay ko nalang sa bangko yun,nag interest pa. HELP... ano kaya po habol ko po don? thanks po...

Do you have a written proof of the loan? makakatulong yon. Kasi kung wala, you word against your friends word. although pwede naman ma-prove ang loan through witnesses and other people who has direct knowledge of the loan. If you can get your friend to sign a promissory note before even instituting any case against him/her, mas maganda. kahit ngayon lang yong document atleast may proof ka na.

There is a new small claims court instituted by the Supreme Court for small claims, claims less than P100,000.00 pwede mo sya i-demanda don. here's a copy of the rules http://sc.judiciary.gov.ph/rulesofcourt/20...2008-8-7-SC.pdf.

NOTE, hindi ka pwede i-represent ng abogado, kayo-kayo lang talaga yan.

hello mga ABOGADOS DE CAMPANILLAS clang ......clang... clang... weeeeeee .....

 

kidding aside po.. tanong ko lang po .pwede po bang i PATENT and isang recipe like...YACUN CAKE po.balak ko po kc ako lang yung meron recipe na yun. Would that be posssible?

 

thanks po...

I don't think there is a prohibition as to patenting recipes. Pero ang tanong ganon ba talaga ka-unique, novel and hindi obvious ang recipe mo, para ma-satisfy yong patentability requirement. Tipong may literature ka na kakaiba ang proseso mo para magawa mo yong yucan cake mo, eh baka pwede i-aprove. Pero kung ang ginawa mo lang is change the ingredients and still used the generic process of making a cake, eh malamang hindi lumusot yon.